Reno v. Condon
gln1 at COLUMBIA.EDU
Thu Oct 19 11:48:46 PDT 2000
Since much of first-year law school is spent teaching students how
manipulable the affirmative-negative distinction is, I don't see how it
can provide the needed distinction between Printz and Condon.
I agree with those who emphasize the distinction between regulation of
the conduct of state officials and conscription of state officials into a
federal program regulating the conduct of private individuals as the
relevant distinction, even if there are some difficulties in drawing the
boundary between commandeering or non-commandeering.
Other questions regarding the general applicability vel non of laws or the
"sacredness" of state records do not seem to me to be about commandeering.
They are about the invention of additional federalism doctrines, not the
question of commandeering.
-- Gerry Neuman
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