>> okay, i need you to keep doing cpr. >> thompson: ernie lopez' mother, rosa lopez, lived across the street. >> we started hearing sirens. that sticks in my mind, you know, that that was the beginning of the nightmare-- the sirens, the fire trucks, and then later on, the ambulance. ( sirens wailing ) >> i hit her on her thigh, on her leg, trying to get her attention. and i shook her a little bit. i jiggled her a little bit. i put my ear to her chest, and i heard her heart, just beating, just racing. >> thompson: ernie's brother eddie was called in. >> my mom came over, talked to me, and told me, "hey, could you go up to the hospital?" and i said, okay, so i drove on to the hospital. >> thompson: but at the hospital, doctors and nurses were alarmed. they found bruising and vaginal bleeding. and the last person alone with the child was ernie lopez. >> so ernie was calling me from the hospital. he called me one or two times, telling me that they were asking him lots of questions. >> i said, "ernie, what's going on." he goes, "bro, they're trying to accuse me of killing the baby and rapi

ernie young. he argued if you care about federalism you ought to care about preemption. we live in a world of broad congressional power under 1, section 8. if you look at lopez, wickard i don't see that changing. but preemption cases happen all the time and they are the ways federal inch -- federalism is worked out day to day. it finds the less there is left for states to do. so if you care about state regulatory autonomy and their ability to govern as separate sovereigns you ought to care about the roberts court as a pro preedges court. >> i agree with most of that. but i think that the very end not so much. i think it is a mistake to talk about federalism, as if every issue of division of power between the national government and state is driven by a single sort of federalism principle. you are either for the state or the federal government. what we have is a complicated l allocation over authority and there is no reason why there no consistency across each of these little areas because the constitution itself gives congress power over certain things and not so much over others and i would say looking at the preemption cases there are three of them that ha