Andrew Appleby (Tennessee) presents Constitutional Commandeering during the Section on State and Local Government Law’s main session, Crisis and Capacity: State and Local Government Law in a Time of Constraint, today at AALS:

This Article traces the evolution of the anti-commandeering doctrine and its increasing relevance to federal limitations on state taxation, before exploring the role of the Supremacy Clause in the historical progression of federal tax preemption efforts. By examining these competing constitutional principles in the context of major federal tax preemption legislation, this Article proposes a novel analytical framework to determine whether federal law permissibly restricts state taxing power without unconstitutionally commandeering state legislative bodies.  This framework aims to preserve state sovereignty while recognizing legitimate federal interests in maintaining uniformity in an increasingly interconnected and rapidly evolving national economy.

The Section on State and Local Government Law’s main session, Crisis and Capacity: State and Local Government Law in a Time of Constraint, will convene at 8:00-9:15am.  It is co-sponsored by the Section on Community Economic Development and the Section on Taxation.  Panelists include Andrew Appleby (Tennessee), Jeffrey Manns (GW), Sarah Swan (Rutgers), Richard Weinmeyer (Loyola-Chicago), and Katrina Wyman (NYU).