The American system of federalism is at the heart of many disagreements over important constitutional and public policy issues. Changes in all three branches of government and recent Supreme Court decisions raise questions about the future scope of federal-state relationships: How should we balance state and federal rights? Should the courts take a more active role in limiting federal power, or should they instead leave the federal-state balance to the political process? Can we make better progress on these issues by allowing states to pursue their own policies independently? Or should the federal government take a more active role?

At this AEI event, cosponsored by the Chapman School of Law and the Federalist Society, scholars of differing points of view will address these questions and reflect on the future structure of American federalism. During the first panel, award-winning professor of courts and social policy Malcolm Feeley, AEI’s Michael S. Greve, public and constitutional law professor Roderick Hills, and George Mason Law professor and coeditor of the Supreme Court Economic Review Ilya Somin will consider whether we should strive for a system in which states compete or cooperate with each other and with the federal government. Randy Barnett, author of Restoring the Lost Constitution, and constitutional law expert Jesse Choper will discuss the appropriate level of judicial review and the role of the judicial branch in adjudicating disputes over the scope of federal and state power during the second panel. Panelists for the third discussion will examine the importance of federalism in two major public policy issues: health care and the environment. Judge William Pryor of the U.S. Court of Appeals for the Eleventh Circuit will deliver a keynote address on the future of federalism.

There is no charge for the conference, but CLE credit will be available through the Federalist Society for $25.