Here are the written assignments for next week
2301:
This week we tackle federalism, and as it turns out, a major federalism case will be heard by the newly reconvened Supreme Court. The case is called Toby Douglas vs. The Independent Living Center of the United States. The subject is reimbursement rates for Medicaid, but more specifically "Whether Medicaid recipients and providers may maintain a cause of action under the Supremacy Clause to enforce [the law] by asserting that the provision preempts a state law reducing reimbursement rates? Obviously this case touches on how the current Supreme Court interprets cases that touch on the relationship between the states and the national government, and will hinge on how the court interprets the Supremacy Clause.
I want you to become familiar with the case and the arguments made on either side of it. I also want you to become familiar with the various issues associated with the Supremacy Clause. Now pretend that you have to explain this case in class and make a reasonable prediction about how the court will rule on this case. Write it up and send it to me.
Part of the point behind this exercise is to also get you familiar with court procedures. As we are hopefully finding out, process is at least as important as substance in the American system.
Here are some links that can help you work through this assignment:
- ScotusBlog: Toby Douglas vs. The Independent Living Center of the United States.
- Wikipedia: Supremacy Clause.
- Oral Argument Transcript.
2302:
One of the themes I'll try to hit as we proceed in this section is that the Anti-Federalists were very concerned that a singular executive with commander in chief powers - in addition to control of tax collection - would turn into a military king.
This was the title of one of the Anti-Federalist Papers.
So my question is, given the size of the military and the ease at which presidents can use military power (think Libya etc ...) has the presidency turned into a military king? Or if not quite that explicit, has the president's military powers grown to the point where we should be concerned?
Why or why not?