Federalism Friction in the First Year of the Trump Presidency

28 Pages Posted: 20 Mar 2018

See all articles by Vikram D. Amar

Vikram D. Amar

University of Illinois College of Law

Date Written: March 19, 2018

Abstract

Over the last twelve months or so, federalism principles have been repeatedly invoked by state and local governments in a range of lawsuits and legislative proposals seeking to block or temper federal policy initiatives emanating from the new Administration of President Donald Trump. In this essay, I hope to sketch out a few of the more high-profile federalism flashpoints that have emerged over the past year or so, and offer some preliminary assessments of some of the decisions that lower courts (and legislative bodies) have been rendering in some of them. I try to highlight areas of agreement and areas of divergence. And even as to some areas of agreement, I try to explore plausible arguments to be made that the Supreme Court will (and in some cases perhaps should) see things differently as these disputes begin to make their way up the appellate ladder in the coming months and years.

Suggested Citation

Amar, Vikram D., Federalism Friction in the First Year of the Trump Presidency (March 19, 2018). Hastings Constitutional Law Quarterly, Vol. 45, No. 3, 2018; University of Illinois College of Law Legal Studies Research Paper No. 18-15. Available at SSRN: https://ssrn.com/abstract=3143848

Vikram D. Amar (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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