Analysis 

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

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

While often taken for granted, trust is a basic condition of the success of any human society.

"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

The "Administrative State" in Context Regulations in a modern complex economy are inevitable, like death and taxes. While regulations are...