Cities and States at a Crossroads: The Modern Promise of Federalism
As the federal government rapidly alters policies in a broad variety of legal fields—from immigration enforcement to transportation to antidiscrimination law—cities and states find themselves at a crossroads. These Essays explore what might lie ahead as federalism takes new shape in the second Trump Administration.
Ending the “Woke” Wars: A Federalism-Based Mechanism for Enforcing Civil-Rights Grant Conditions
Arguing that ambiguous civil-rights spending conditions enable presidents to nationalize harmfully polarizing culture-war fights, this essay urges a fix rooted in pluralism-promoting federalism: Enforce Title VI’s pinpointing provision with greater proportionality and severability. By scaling sanctions to funding, revitalized pinpointing lowers partisan polarization through decentralization while preserving core civil-rights protections.
Immigration Federalism: Rebalancing Immigration Law Through State Power
Until recently, the Supreme Court’s interpretations of immigration laws have been reasonably consistent with the pluralistic approach toward immigration regulation that shaped federal immigration statutes. More recent decisions, however, demonstrate a restrictionist drift in the Court’s approach. Federalism may be only path left for rebalancing immigration law.
Transportation Law's Congestion Problem
Transportation law has a congestion problem—at least for innovative, locally driven projects that aim to reduce driving. The legal battles over congestion pricing in NYC illuminate the limited power of local and regional authorities in our federalist system. This Essay encourages judicial and legislative approaches that facilitate such projects.