The Future of Federalism
AEI Legal Center for the Public Interest
Chapman School of Law and the Federalist Society
About This Event

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.

8:45 a.m.
Registration and Breakfast
Panel I: Competitive and Cooperative Federalism
Malcolm Feeley, University of California, Berkeley, School of Law
Roderick Hills, New York University School of Law
Ilya Somin, George Mason School of Law
John Eastman, Chapman University School of Law
Panel II: Judicial Review of Federalism—A Discussion
Randy Barnett, Georgetown University Law Center
Jesse Choper, University of California, Berkeley, School of Law
Michael S. Greve, AEI
Luncheon and Keynote Address
Judge William Pryor, U.S. Court of Appeals for the Eleventh Circuit
Panel III: Health Care and the Environment
Jonathan Adler, Case Western Reserve University School of Law
James Blumstein, Vanderbilt University Law School
Ashley Parrish, Kirkland & Ellis LLP
Chapman School of Law and the Federalist Society


Event Materials
The Future of Federalism
Also Visit
AEIdeas Blog The American Magazine

What's new on AEI

AEI Election Watch 2014: What will happen and why it matters
image A nation divided by marriage
image Teaching reform
image Socialist party pushing $20 minimum wage defends $13-an-hour job listing
AEI Participants


  • Ted Frank is a former resident fellow at AEI. He specialized in product liability, class actions, and civil procedure while at AEI. Before joining AEI, Mr. Frank was a litigator from 1995 to 2005 and clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals. Mr. Frank has written for law reviews, the Wall Street Journal, the Washington Post, and The American Spectator and has testified before Congress multiple times on legal issues. He writes for the award-winning legal blogs and Overlawyered, and the Wall Street Journal has called him a "leading tort-reform advocate."  Mr. Frank was recently elected to membership in the American Law Institute.


Michael S.


Thomas P.
AEI on Facebook