The “California Effect,” Pork Production, and the Dormant Commerce Clause
This week the U.S. Supreme Court heard oral arguments in a Dormant Commerce Clause case that considers whether California's strict laws relating to pork…
This week the U.S. Supreme Court heard oral arguments in a Dormant Commerce Clause case that considers whether California's strict laws relating to pork…
Ilya Somin applauds the Biden administration's steps toward easing the federal government's marijuana prohibition. He suggests that President Biden could have gone further, with little…
Andrew Hammond looks at how climate change will interact with America's federal structure to present new challenges to the nation, particularly to the most vulnerable…
Fred B. Brown explores whether the federal government should help states and localities pay for police misconduct through tax-exempt bonds. Read more here.
Lincoln Caplan reviews Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment, by Brad Snyder. In the review, Caplan addresses…
Mona Zhang reviews efforts to create an interstate market for cannabis even as Congress continues to refrain from legalizing cannabis use at the federal…
Franita Tolson reviews the independent state legislature theory and contends that it "runs counter to the democratizing effect that the Twelfth Amendment was intended…
Bridget Fahey suggests that scholars have yet to develop an understanding of cooperative administrative law for cooperative federalism. She writes that, nonetheless, "federal and…
Dylan Hedden-Nicely writes that the U.S. Supreme Court's recent use of a balancing test in assessing Indian sovereignty "has no basis in the foundational principles of…
Timothy Harris contends that although a number of recent U.S. Supreme Court opinions have embraced federalism, takings jurisprudence has -- to the detriment of…
David Shapiro explores why the U.S. Supreme Court is not always the "highest court" in the United States. Read more here.
In an unusual filing, the Conference of Chief Justices, a group of state chief justices, has filed a brief with the U.S. Supreme Court…
Darrell M. West considers a number of policy areas where American states are increasingly in conflict, and suggests that "it appears federalism is entering…
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Federalism is American government’s best kept secret. Its influence is pervasive and profound. Though not mentioned in the Constitution, federalism’s meaning and application have been at the center of disputes from 1776 to the Civil War to our current culture wars. We are scholars who focus on federalism, and through this podcast, we explore how federalism, from practice to theory, shapes our politics, policies, culture, society, and daily life.
Federalism’s influence on American government, culture and society is pervasive and profound, yet often unexplored. This short podcast examines single, practical topics to show how federalism’s influence is real and relevant in average citizens’ daily lives.