Mark A Graber
American jurist
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APPEARANCES
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Aug 21, 2026
The new FBI headquarters, anchorless newscasts, and rabid beaver attacks
5:36
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10:19
10:27
Matt BushHOST
So can you explain what federalism is and how Maryland's many lawsuits have changed the way that federalism manifests using the FBI and the many, many other lawsuits the state has filed, not just by itself, but in conjunction with many other blue states against the Trump administration?

Mark GraberGUEST
Well, the United States has 51 constitutions, one national constitution, 50 state constitutions, and the Supreme Court has said States have some independent powers.

Mark GraberGUEST
And one of them simply is they can sue the federal government when the federal government breaks federal law.

Mark GraberGUEST
Now, it used to be when the federal government was more liberal, we'd see states like Texas claiming that President Obama was violating law.

Mark GraberGUEST
Now, with the Trump administration, we're seeing blue states suing the national government, saying they are violating federal law.
Matt BushHOST
How long? altering, changing how, you know, how kind of, I don't know what the right word is, but how unprecedented would it be for, let's say, if the Supreme Court ruled a rule in a manner that favored the Trump administration to stop it, to allow it, I guess is what you said, to allow it to spend money that has been authorized by Congress in a different way than Congress has allowed.

Mark GraberGUEST
It would fundamentally alter the balance between the legislature and the executive in the national government.

Mark GraberGUEST
It has been a basic principle of American government since 1787 that Congress determines all spending, that the president cannot spend a nickel without congressional approval.