A PEEK AT THE CONSTITUTIONAL THEORY OF AN OBAMA ADMINISTRATION, courtesy of Erwin Chemerinsky. “On questions of federal court jurisdiction, Chemerinsky would give the party he would like to advantage — the civil plaintiffs and criminal defendants who assert federal rights — their preference whether to litigate in state or federal court. And Chemerinsky would make it hard for federal law to preempt state law, and this would preserve the regulation of business coming from dual levels of government, federal and state.”