federalism

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A woman fills out paperwork at a driver's license office counter, with a 'Fill Out Application' sign in the foreground and other visitors standing at counters in the background.

States Can Fight Federal Overreach by Protecting State Data

States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.
A wooden judge's gavel rests on a copy of the U.S. Constitution, with the opening words 'We the People' visible, set against a folded American flag.

“Fight Back: How States Can Counter Authoritarianism” Series

A series exploring the powers and authorities state and local governments have to check federal overreach and protect democratic norms and individual rights.
A man's hand holds up the cover page of lawsuit naming Gavin Newsom as plaintiff and Donald Trump as defendant, with the bear emblem from the California state flag visible in the background.

Commandeering, Coercion, and Executive Power

States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.
A low-angle view of the U.S. Capitol dome against a clear blue sky, with an American flag flying in the foreground.

Introduction to “Fight Back: How States Can Counter Authoritarianism” Series

State and local governments have constitutional and legal powers that can be harnessed to challenge repressive federal actions and to advance meaningful freedom and equality.
A close-up of U.S. Attorney General Todd Blanche standing at a podium and holding a microphone at a press conference on August 12, 2026.

Four Things State and Local Prosecutors Can Do to Combat Federal Corruption

State attorneys general and local district attorneys can take action to uphold the rule of law in the face of unlawful federal actions.
Multiple rows of razor wire fencing surround the California City Immigration Processing Center, with a guard tower flying the American, California state, and CoreCivic flags in the background. Three people walk within the fenced perimeter near tan detention buildings, with hazy desert hills visible in the distance.

Free Speech, Immigration Law, and Truth Telling at UCLA Law’s Recent Federalist Society Event

An immigration expert considers questions that might have been asked at DHS General Counsel Percival's UCLA Law Federalist Society event.
A U.S. ​flag flies on the side of the U.S. Department of Justice headquarters building on September 15, 2024, in Washington, DC.

The Presidential Records Act is Constitutional

Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.
A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."

The Unconstitutionality of the Trump Administration’s New Executive Order on Elections

The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.
The U.S. Supreme Court is seen on March 4, 2026 in Washington, DC.

A Survey of Sovereign Standing: Developments in State-Led Lawsuits Against the Federal Government

Recent state-led cases against the federal government demonstrate the range of injuries that states are successfully asserting under the current doctrines of state standing.
Map of the United States on a digital display

Beware the AI Preemption Trap

The White House's National AI Policy Framework asks Congress to shut down the only governments that are regulating AI, in exchange for a federal regime that would not.
The top of the Declaration of Independence with "We the People" displayed prominently.

The New Civil Rights “Backstop”: How DAs and AGs Can and Must Investigate ICE Abuses

The new role for state and local law enforcement authorities in prosecuting criminal violations of Americans' civil rights.
The United States Capital with a backdrop of a digital canvas

The AI Action Plan and Federalism: A Constitutional Analysis

If the U.S. AI Action Plan's approach survives constitutional scrutiny, it will erode vital and enduring checks on presidential authority.
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