Approaches to Federalism and Stare Decision Describe and compare the approaches to federalism and stare decisis espoused by Chief
Justice John Roberts, Justice Antonin Scalia, Justice Stephen Breyer, and Justice Sandra Day O’ Connor giving specific case examples, including (as appropriate) majority, concurring, and dissenting opinions, to support your argument. As part of your discussion, indicate and explain whether Chief Justice John Marshall would have joined the majority opinion upholding the Affordable Care Act in NFIB v. Sebelius and whether Justice Scalia would have signed Chief Justice Marshallâ decision in McCulloch v. Maryland.
Sources: Constitutional Law for a Changing America: Institutional Powers and Constraints by Lee Epstein and Thomas G. Walker. 9th edition.
