Analysis

Primary authors: Noah Farnsworth and Johana Linford In This Edition Multistate Lawsuits: more states are suing the federal government than ever. What do multistate lawsuits mean for American federalism? Federalism Flashpoints Each month we highlight a selection of the most important questions and controversies relating to states, federalism, and the precarious federal-state balance. Our focus will continue to be on monitoring federal and state activities that have implicati

Primary author: Noah Farnsworth In This Edition State AI and data privacy legislation and what it means for a national framework. Recent Supreme Court decisions and their federalism implications. Federalism Flashpoints Thank you to everyone who has been following as we continue to reach a wider audience in the (never boring) federalism world. Each month we highlight a selection of the most important questions and controversies relating to states, federalism, and the precari

In This Edition The shifting landscape of the ICE debate Federalism Policy Tracker Updates Federalism Flashpoints Thank you to everyone who has been following as we make updates to our newsletter. Each month we highlight a selection of the most important questions and controversies relating to states, federalism, and the precarious federal-state balance. Our focus will continue to be on monitoring federal laws that have implications for the principles of federalism. Marchin

In This Edition How are states responding to ICE enforcement? What is changing in U.S. Elections? Why are so many states redrawing their maps? Image Source: The Texas Tribune (Jan. 2025) Federalism Flashpoints Thank you to everyone who has been following as we make updates. Each month we highlight a selection of the most important questions and controversies relating to states, federalism, and the precarious federal-state balance. Our focus will continue to be on monitoring

In This Edition Campus Compacts: are they Constitutional? Guard Deployments: will they continue to be narrowed? FEMA Controversy: why critics are charging Trump with "bullying" states by attaching conditions to aid Federalism Flashpoints Our newsletter is getting an upgrade. Each month we will now be highlighting a selection of the most important questions and controversies relating to states, federalism, and the increasingly precarious federal-state balance. We present co

" This balance between the National and State governments ought to be dwelt on with peculiar attention, as it is of the utmost...

“It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” Justice Louis Brandeis (New State Ice Co. v. Liebmann, 1932) What's New In May, the Federalism Policy Tracker added more than 20 new entries covering a range of critical issues—including sanctuary cities, preemption of state laws on AI, and new develop

"There is no federal system that is commonly viewed as successful...whose people do not think federal." D. Elazar, Exploring Federalism (1987 p. 192) In this issue, we continue the theme of "thinking federal." In April, we added more than 2 dozen items to the Federalism Policy Tracker, on a range of issues from election integrity to border security to the record number of lawsuits and legal challenges to President Trump's "Agenda 47." As we pass the symbolic 100 day mark, we

"There is no federal system that is commonly viewed as successful...whose people do not think federal." D. Elazar, Exploring Federalism (1987 p. 192) Thinking Federal The theme of this month's newsletter is "thinking federal." What does it mean to think federal? Daniel Elazar, in his classic book Exploring Federalism, explained it this way: "In the last analysis, the maintenance of federalism involves 'thinking federal,' that is, being oriented toward the ideals and norms of

"The Framers split the atom of sovereignty between the States and the Federal Government not as an afterthought, but as a first principle... That structure is not a mere formality; it is the essence of the Constitution’s design, meant to endure as a safeguard against tyranny. Printz v. United States , 521 U.S. 898, 936 (1997) (Kennedy, J., concurring) The First 100 Days On April 29, President Donald Trump will celebrate his 100th day in office. Today is day 40 of a period wi

Johana Linford, Senior Research Fellow In December, President Biden faced backlash for pardoning his son Hunter Biden, contrary to...

The preservation and strengthening of our federal system depend in the last analysis on the self restraint and responsibility as well as the wisdom of our actions as citizens. - Report of the Commission on Intergovernmental Relations, 1955 Happy New Year! We want to thank everyone for their support and for helping us share this monthly newsletter on American federalism. 2024 was a big year for our small team. We have a lot of work to do, and an exciting year ahead as we pull

It is perverse to hail devolution as a revival of American federalism… -Martha Derthick, Keeping the Compound Republic , p. 160 We hope everyone had a happy and meaningful Thanksgiving holiday. There is a lot to be thankful for, including this federal system, which serves to protect Constitutional liberty, enhance democracy, and manage diversity within an increasingly large and heterogeneous society. There was no shortage of news this month. Among a number of important items,

“Eye of newt and toe of frog, Wool of bat and tongue of dog” Macbeth This month we say goodbye to the ghosts and goblins of October, while preparing for something much more haunting, the prospect of a presidential race that could be too close to call. As autumn sets in, state legislatures and federal courts are dealing with a slew of federalism issues, from environmental regulations and reproductive rights to cannabis policy and electoral reform. An interesting court case ove

This newsletter provides a roundup of the top seven issues affecting states or with implications for federalism from September

A nation that loves equality too much may be vulnerable to the pull of centralization and authoritarianism

"Summer's lease hath all too short a date" -Sonnet 18 August was an interesting month for federalism news, and despite a summer convention process that left many Americans fatigued by national party politics, a lot of us are left hoping that summer would stick around just a little while longer. Several items were added to the Federalism Policy Tracker , from land policy to election integrity, to a number of increasingly bold election promises by both national parties that are

"The maintenance of federalism involves 'thinking federal', that is, being oriented toward the ideals and norms of republicanism, constitutionalism, and power sharing that are essential to the federal way" -Daniel Elazar, Exploring Federalism (1987) July might have been a slow month for federalism related news, but things are starting to heat up as the November election draws near. A number of new items have been added to the Federal Policy Tracker on a range of topics, fr

"The maintenance of federalism involves 'thinking federal', that is, being oriented toward the ideals and norms of republicanism, constitutionalism, and power sharing that are essential to the federal way" -Daniel Elazar, Exploring Federalism (1987) May was another significant month for federalism policy. A number of new items have been added to the Federal Policy Tracker on a range of topics, from carbon emissions to ranked-choice voting and new changes to Title IX. Federa

"The maintenance of federalism involves 'thinking federal', that is, being oriented toward the ideals and norms of republicanism, constitutionalism, and power sharing that are essential to the federal way" -Daniel Elazar, Exploring Federalism (1987) April was another significant month for federalism policy. A number of new items have been added to the Federal Policy Tracker on a range of topics, from EV mandates to new FTC rules banning noncompete agreements, and State elec

Several new items have been added to the Federalism Policy Tracker on a range of important federalism topics, from new EV rules, to Border Security and Student Loans. Here is a selection of the top issues affecting states or with implications for American federalism in March: New EV Rule: The EPA has issued a new rule regulating tailpipe pollution limits. The rule is said to be "one of the most significant climate change regulations in the nation's history. " Texas Border

Several new items have been added to the Federalism Policy Tracker on a range of important federalism topics, from campaign legislation, school debt cancellation, border issues, and state sovereignty. Here is a selection of the top issues affecting states or with implications for American federalism in February: Disqualification: The Supreme Court heard arguments in Trump v. Anderson , which will decide whether states may disqualify presidential candidates from the ballot un

A number of new items have been added to the Federalism Policy Tracker on a range of important federalism issues, from the Texas Border Crisis to the Supreme Court hearing on the future of the Chevon doctrine and new challenges from states over mandates for electric vehicles. Here are a selection of the top issues affecting states or with implications for American federalism in January: The Border: In December, the Biden Administration warned it would sue Texas if the state

Justin Stapley In the wake of the Dobbs v. Jackson ruling in 2022, the Supreme Court experienced what appeared to be a collapse of...

Hank McIntire via Center for Constitutional Studies. Members of the Federalism Index Project (Johana Linford, A. Bibby, Sam Hill)...

Wildlife Management as a Case Study in the Complexities and Nuances of American Federalism Wildlife management in the United States has...

Fourteen new items have been added to the Federalism Policy Tracker on a range of important federalism issues, from immigration to...

After a sleepy Spring, June turned out to be a blockbuster month for the federalism policy world. 13 items were added to the Federalism...

Eight new items have been added to the Federalism Policy Tracker on a range of issues including prayers in public schools, immigration...

April has been another interesting month for federalism policy. 11 items were added to the Federalism Policy Tracker on a range of issues...

March was a curious month for federalism studies. It began with a call by some legislators to introduce a 32-hour work week. March ended...

March will be an interesting month, with a range of topics from police reform, to internet regulation, and student loan forgiveness.

Since December, 25 new policies have been added to the Bill Tracker, across a range of issues from border policy to water rights and gas...

45 policies have been added to the Policy Tracker in a range of areas including student loan forgiveness, voting rights, and pork production

A preview of upcoming federalism policies for October 2022

Federal systems vary widely in their application, nature, scope, and character.

State Constitutions and American Federalism was a Federalism Index Project event that took place at UVU’s Center for Constitutional Studies.

Taken from FIP's Fall 2021 Conference, explore clips that describe various functions, aspects, and implications of state constitutions

Federalism lesson plans from the Schools of Democracy: A Federalism Teacher Workshop (2021).

Our newest dashboard focuses on one of the key conceptual difficulties in American federalism and how power has "shifted" from the states

Join Ilya Somin and CCS Senior Research Fellow Sam Hill discuss Somin's new book Free to Move: Foot Voting, Migration, and Political Freedom

One of the many consequences of the coronavirus pandemic has been a rediscovery of the importance of state governments and an awareness...

Director Smith shares thoughts on U.S. federalism, how the states can do better to have their voices heard, & Madisonian constitutionalism

Most “Anti-Federalists” were not anti-federalist: they favored a balance of power between the national government and individual state...

Troy Smith discusses his recent article on our website

The federal and state governments’ lack of preparation and response to COVID-19 is disheartening given that experts have been warning for...

Last week, we had the pleasure of sitting down to an interview with Grace Mallon, a doctoral candidate in History at the University of...

For our second week of federalism month, we had the privilege of interviewing Rev. Christopher Dreisbach and hear his thoughts on...

Effective communication between the federal government and the states is in the most profound sense a matter of life and death.

Since Unfunded Mandates therefore force the states to do something and spend their own money to do it, the controversy goes to the heart of