Brute Force (Anti) Federalism

Abstract

In today’s partisan arena, states are engaging in brute force federalism, where both sides of the political spectrum push extreme agendas to maximize popular support and appease special interest groups. These tactics are aggressive, contentious, and elevate politicians’ notoriety. They also increase vertical and interstate horizontal frictions, maneuvering states away from serving as innovative experimenters, toward more belligerent feats that resist federal law. Increased polarization, social media use, and public distrust in the federal government intensify such activity. This article introduces the concept of brute force federalism, examines its roots, and analyzes its evolving impact on the current regulatory landscape.

Keywords: constitutional law, laboratories of democracy, brute force, legislation

JEL Classification: K00, K10, K11, K19, K20, K23, K29, K30, K39, K40, K49, L50, L59, L80, L83, L89, O34