Respond to each.
- Spending Power (200 words response)
One of the greatest sources of national power is the spending clause of Article I. As you can see from the Dole case (chapter 8), Congress often attaches strings to receipt of money from the national government. Are there (and should there be) limits to this power? If so, what should the limits be? - Congressional Earmarks (200 words response)
As you will see in Rossum & Tarr and its cited cases, there is little judicial control currently over congressional taxation and spending. An issue that has recently arose are congressional “earmarks.” What are they, should they be stopped, and who can stop them? - Federal Preemption (200 words response)
As you know, the Supremacy Clause makes federal law supreme over state law. One of the mechanisms for supremacy is federal preemption of state laws. What are the requirements for federal preemption, and provide an example as to how this doctrine has worked.