Federalism

Federalism

How did the Founders envision federalism? Why is it a crucial part of our Constitutional government? Is it still functioning today in the way it was intended? This unit covers basic questions about the need and demand for federalism, as well as more in-depth discussions of both historical and modern clashes between states and the federal government.

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24 of 25: Does the Stafford Act Apply During Pandemics? [No. 86]

The COVID-19 pandemic has been a legal first in many ways for the federal government. One of those firsts is using the Stafford Act during a pandemic. The Stafford Act is the primary statutory framework through which the federal government provides a ... The COVID-19 pandemic has been a legal first in many ways for the federal government. One of those firsts is using the Stafford Act during a pandemic. The Stafford Act is the primary statutory framework through which the federal government provides aid to states and localities when natural disasters overwhelm local capacity to respond. However, a big question is how does the Stafford Act apply during a pandemic? Do pandemics count as a natural disaster? Can the president declare a “national emergency” without prior request from the affected states? Professor Lisa Grow Sun explores the unique and historic ways the Stafford Act has been used during the COVID-19 pandemic in this No. 86 video.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Follow Professor Lisa Grow Sun on Twitter: @LisaGrowSun1
https://twitter.com/LisaGrowSun1

Learn more about Professor Sun:
https://twitter.com/LisaGrowSun1

Differing views:

Disaggregating Disasters [BYU Law Library]
https://twitter.com/LisaGrowSun1

Letter from President Donald J. Trump on Emergency Determination Under the Stafford Act [The White House]
https://twitter.com/LisaGrowSun1

Stafford Act [FEMA]
https://twitter.com/LisaGrowSun1

The Stafford Act, Invoked By President Trump, Has Rarely Been Used For Public Health Emergencies [FORBES]
https://twitter.com/LisaGrowSun1

The Impact of Recent Stafford Act and Defense Production Act Declarations on COVID-19 Procurements [The National Law Review]
https://twitter.com/LisaGrowSun1

Other Videos in this Series

1

Who Decides? That is the Question... [No. 86]

2

Can Federal Courts Dictate State Law? [No. 86]

3

51 Imperfect Solutions [No. 86]

4

Was Federalism Designed to Protect Slavery? [No. 86]

5

Federalism: We All Have Roles to Play [No. 86]

6

Laboratories of Experimentation [No. 86]

7

Enumerated Powers, the Necessary and Proper Clause, and Prigg v. Pennsylvania [No. 86]

8

New Federalism: Not Your Father’s Federalism [No. 86]

9

Key Cases on the Commerce Clause [No. 86]

10

What Power Does Congress Have to Regulate Commerce? [No. 86]

11

McCulloch v. Maryland: The Debate About Enumerated Federal Powers [No. 86]

12

Is NFIB v. Sebelius a Commerce Clause Case? [No. 86]

13

Federalism as Another Separation of Powers [No. 86]

14

The Demand for Federalism [No. 86]

15

Does the Federal Government Use of Financial Power Over States Amount to Coercion? [No. 86]

16

What is the Purpose of Article IV? [No. 86]

17

Electoral Chaos & the Twelfth Amendment [No. 86]

18

How Does the Difficulty of Legislating Protect Federalism? [No. 86]

19

What Can the Federal Government Do Better than the States? [No. 86]

20

How Does Federalism Result in More Competent and Competitive Governance? [No. 86]

21

Does the Commerce Clause Apply Only to Commerce? [No. 86]

22

How Does the Constitution Adapt to New Concepts of Liberty? [No. 86]

23

The Incorporated Bill of Rights and Federalism [No. 86]

24

Does the Stafford Act Apply During Pandemics? [No. 86]

25

Cooperative Federalism and the Growth of the Administrative State [No. 86]

About this Module

Total run time:

1h 23m

Course:

Total videos:

25

Difficulty:

First Year