This week The Volokh Conspiracy will feature Kurt Lash (Illinois) and Neil Siegel (Duke) guest-blogging about "collective action federalism." As Professor Volokh explains it:
According to collective action federalism, the clauses of Section 8 empower Congress to solve collective action problems that predictably frustrate the states. In the language of the Commerce Clause, such problems are “among the several States.” Conversely, problems that do not pose collective action problems for the states are internal to a state or local. They are beyond the scope of federal power. Thus the foundation of federalism in Section 8 flows from the relative advantages of the federal government and the states. The theory of collective action federalism reads the clauses of Section 8 as giving the federal and state governments the power to do what each does best.
Professor Lash has a strongly originalist approach, reflected in the article noted here earlier, that is skeptical of attempts to read Article I, Section 8 to mean more than it says directly. This promises to be an outstanding exchange of views.
Posted at 7:30 AM