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

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  • Greg Goelzhauser
  • David M Konisky

Abstract

Several themes characterize the state of American federalism. Increasing political polarization shapes preferences with respect to locating the vertical balance of power. To implement these preferences, the federal government is primarily relying on regulatory rollback and unilateral action. With Congress largely 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.

Suggested Citation

  • Greg Goelzhauser & David M Konisky, 2019. "The State of American Federalism 2018–2019: Litigation, Partisan Polarization, and the Administrative Presidency," Publius: The Journal of Federalism, CSF Associates Inc., vol. 49(3), pages 379-406.
    • Handle: RePEc:oup:publus:v:49:y:2019:i:3:p:379-406.
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    File URL: http://hdl.handle.net/10.1093/publius/pjz014
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    References listed on IDEAS

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    1. Lauderdale, Benjamin E. & Clark, Tom S., 2012. "The Supreme Court's Many Median Justices," American Political Science Review, Cambridge University Press, vol. 106(4), pages 847-866, November.
    2. Greg Goelzhauser & Shanna Rose, 2017. "The State of American Federalism 2016–2017: Policy Reversals and Partisan Perspectives on Intergovernmental Relations," Publius: The Journal of Federalism, CSF Associates Inc., vol. 47(3), pages 285-313.
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