Tuesday, April 28, 2020

Slate is lousy at jurisprudence

Rather than making governors ascendant in the long run, however, the COVID-19 crisis is likely to make state governments trim the sails of their policy agendas for years. And it is likely to make states evermore dependent on the federal government. The COVID-19-triggered economic crisis is such that, absent aid from the federal government, states will suffer. But even if the federal government provides substantial amounts of aid to states and cities, there is a good chance it will come with conditions that will substantially undermine state independence. Trump, for his part, indicated on Twitter on Monday that he does not intend to provide the states the funding they desperately need without some kind of fight. “Why should the people and taxpayers of America be bailing out poorly run states,” he wrote. After this crisis is over, it’s likely federalism won’t look the same.
You have a bigger Constitutional issue.

The Federals cannot legally single out and differentiate states. They can only engage in interstate commerce regulation.  So, there is no such thing as bailing out the states except by dividing the dough by 50.    The Federals can provide municipal aid direct to municipalities as part of interstate commerce.

I suggest Slate get better brains on the task.

No comments: