federalism
15 Articles
AI Governance Needs Federalism, Not a Federally Imposed Moratorium
Congress should reject the proposed “AI preemption moratorium.” It is bad policy and is likely unconstitutional under the Tenth Amendment.
What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability
A leading expert analyzes the Justice Department threat to prosecute state and local officials in sanctuary cities.
Why Trump v. Anderson Undermines State Efforts to Hijack Immigration Enforcement
Faithful application of the Supreme Court’s federalism principles should doom Texas’s attempt to seize control of national immigration policy.
Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military
An expert explainer on when the President of the United States can 'federalize" the National Guard and deploy U.S. military forces domestically.
Advancing Global Human Rights Locally
"While U.S. states and localities may not enter into binding agreements with other nations or act contrary to federal law or policy according to legal precedent, U.S. states and…
In Weaponizing Asylum Seekers, DeSantis & Abbott Unwittingly Demonstrate the Possibility of Safe Transit Policies for Migrants
Ironically, the governors' actions show that the US could implement policies that better reflect the realities of migration - by treating migrants has human beings rather than…
How States Like California Are Bolstering Federal Sanctions Against Russia
States and other non-federal actors have significant power, much of which is still untapped, to support ongoing sanctions efforts.
Libya: Subnational Governance as a Potential Anchor of Stability
As the Libyan Political Dialogue Forum proceeds, a government structure that genuinely responds to legitimate grievances will be key to sustainable peace.
The President’s Private Army
How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…
Portland’s Pretext: Barr’s Long History Manipulating Law to Put Federal Forces on U.S. Streets
In a 2001 interview, Bill Barr boasted that he came up with the idea in 1989.
Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic
As governors start reopening their states, what could the White House and federal government do to stop it if the feds wanted to?
Governors and Mayors, Beware: Lawsuits Opposing Coronavirus Mitigation Orders Are a Real Threat
Lessons from when Confederacy-sympathizing judges tried to prevent Lincoln from saving the republic. By leading legal historian David Golove.