The State of American Federalism 2018-2019: Litigation, Partisan Polarization, and the Administrative Presidency

Abstract

Severalthemes characterize the state of American federalism. Increasing political polarization shapes preferences with respect to locating thevertical balance of power. To implement these preferences, the federal government is primarily relyingon regulatory rollback and unilateral action. With Congress unable or unwilling to check the executive branch, states have pushed back on use of the tools of the administrative presidency through litigation. We address these themes through an analysis of voting and elections along with important policy developments from the previous year in the areas of immigration,health care, environmental policy, education, gun control, and criminal justice. We also review important federalism developments from the Supreme Court’s 2017 term.