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The State of American Federalism 2021–2022: Federal Courts, State Legislatures, and the Conservative Turn in the Law

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  • David M Konisky
  • Paul Nolette

Abstract

Contemporary American politics features intense political polarization and closely contested battles over the direction of public policy. Conservatives and liberals alike have used the many venues in the American federal system to try to gain an advantage. In this article, we suggest that a key feature of contemporary American federalism is the institutional advantage that conservatives have achieved due to recent shifts in the ideological conservatism of the federal judiciary and growing Republican dominance in state legislatures. We assess the consequences of these developments, focusing on efforts to weaken federal administrative agencies’ authority and discretion, challenge individual voting rights and institutional control over elections, expand conservative approaches to personal liberties in areas such as abortion, religious practice, and gun rights, and to preempt local policy authority. These developments have the effect of consolidating authority in the hands of Republican-controlled state governments and in some cases bringing about national-level policy changes via state initiatives, and with important implications for American society, politics, and federalism.

Suggested Citation

  • David M Konisky & Paul Nolette, 2022. "The State of American Federalism 2021–2022: Federal Courts, State Legislatures, and the Conservative Turn in the Law," Publius: The Journal of Federalism, CSF Associates Inc., vol. 52(3), pages 353-381.
  • Handle: RePEc:oup:publus:v:52:y:2022:i:3:p:353-381.
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    File URL: http://hdl.handle.net/10.1093/publius/pjac022
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    References listed on IDEAS

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    1. Patrick Flavin & Gregory Shufeldt, 2020. "Explaining State Preemption of Local Laws: Political, Institutional, and Demographic Factors," Publius: The Journal of Federalism, CSF Associates Inc., vol. 50(2), pages 280-309.
    2. Lori Riverstone-Newell, 2017. "The Rise of State Preemption Laws in Response to Local Policy Innovation," Publius: The Journal of Federalism, CSF Associates Inc., vol. 47(3), pages 403-425.
    3. Carol S Weissert & Matthew J Uttermark & Kenneth R Mackie & Alexandra Artiles, 2021. "Governors in Control: Executive Orders, State-Local Preemption, and the COVID-19 Pandemic," Publius: The Journal of Federalism, CSF Associates Inc., vol. 51(3), pages 396-428.
    4. Martin, Andrew D. & Quinn, Kevin M., 2002. "Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999," Political Analysis, Cambridge University Press, vol. 10(2), pages 134-153, April.
    5. Luke Fowler & Stephanie L Witt, 2019. "State Preemption of Local Authority: Explaining Patterns of State Adoption of Preemption Measures," Publius: The Journal of Federalism, CSF Associates Inc., vol. 49(3), pages 540-559.
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    Cited by:

    1. Rebecca Bromley-Trujillo & Paul Nolette, 2023. "The State of American Federalism 2022–2023: Escalating Culture Wars in the States," Publius: The Journal of Federalism, CSF Associates Inc., vol. 53(3), pages 325-348.

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