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They have cheered the Supreme Court's defense of state prerogatives.
Ms. Gillan said some people apparently feared that the commission might recommend the national licensing of health care professionals or other steps that could interfere with state prerogatives.
Emboldened by Supreme Court decisions upholding state prerogatives, officials of Michigan and other states have argued that the Medicaid law is not enforceable by individual Medicaid recipients.
They want to opt out of provisions that they believe conflict with Congressional or state prerogatives or with constitutional protections for commercial speech.
Also, the trend toward closer scrutiny of Congressional legislation that impinges on state prerogatives -- the so-called federalism revolution -- continued unabated this past term.
Tommy G. Thompson, the secretary of health and human services, was governor of Wisconsin for 14 years, and in announcing his decision today, he emphasized the need to respect state prerogatives.
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Business licensing is a traditional state prerogative, and IRCA's framers evidently didn't want to interfere with that prerogative.
President Obama has stepped into the breach, but the nuance of his recent announcement — affirming the ideal of equality while also expressing deference to state prerogative over marriage law — has not simplified matters.
Second, decades of redistricting — a state prerogative guaranteed by the Constitution — has produced more and more districts that are dominated by either Republican or Democratic voters.
For example, at oral argument in the case, Justice Antonin Scalia hypothesized that the U.S might ratify a treaty mandating same-sex marriage, which Congress would implement by passing a federal marriage statute — despite the fact that defining marriage is traditionally a state prerogative.
In 1787, the "bundle of compromises" that created the Constitution repeatedly balanced small states' prerogatives with those of big ones.
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CEO of Professional Science Editing for Scientists @ prosciediting.com