20 Articles
👁 A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."
The Unconstitutionality of the Trump Administration’s New Executive Order on Elections
The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.
Apr. 3, 2026
Chris Hardee
👁 The U.S. Supreme Court is seen on March 4, 2026 in Washington, DC.
A Survey of Sovereign Standing: Developments in State-Led Lawsuits Against the Federal Government
Recent state-led cases against the federal government demonstrate the range of injuries that states are successfully asserting under the current doctrines of state standing.
Mar. 31, 2026
Bethany Davis Noll and Sofia DeSimone
👁 Map of the United States on a digital display
Beware the AI Preemption Trap
The White House's National AI Policy Framework asks Congress to shut down the only governments that are regulating AI, in exchange for a federal regime that would not.
Mar. 26, 2026
David S. Rubenstein
👁 The top of the Declaration of Independence with "We the People" displayed prominently.
The New Civil Rights “Backstop”: How DAs and AGs Can and Must Investigate ICE Abuses
The new role for state and local law enforcement authorities in prosecuting criminal violations of Americans' civil rights.
Jan. 19, 2026
Jonathan Wroblewski
👁 The United States Capital with a backdrop of a digital canvas
The AI Action Plan and Federalism: A Constitutional Analysis
If the U.S. AI Action Plan's approach survives constitutional scrutiny, it will erode vital and enduring checks on presidential authority.
Jul. 30, 2025
David S. Rubenstein
👁 The U.S. Capitol is seen after the House narrowly passed a bill forwarding President Donald Trump's agenda at the U.S. Capitol on May 22, 2025 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)
AI Governance Needs Federalism, Not a Federally Imposed Moratorium
Congress should reject the proposed “AI preemption moratorium.” It is bad policy and is likely unconstitutional under the Tenth Amendment.
May 29, 2025
David S. Rubenstein
👁 Wide shot of a man standing in a church, facing the camera away from the alter.
What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability
A leading expert analyzes the Justice Department threat to prosecute state and local officials in sanctuary cities.
Jan. 23, 2025
Ahilan Arulanantham
👁 Two men pushing together the doors on a large, metal outdoor fence comprising a section of the US border wall.
Why Trump v. Anderson Undermines State Efforts to Hijack Immigration Enforcement
Faithful application of the Supreme Court’s federalism principles should doom Texas’s attempt to seize control of national immigration policy.
May 28, 2024
Nikhel Sus
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Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military
An expert explainer on when the President of the United States can 'federalize" the National Guard and deploy U.S. military forces domestically.
Feb. 21, 2024
William Banks
👁 Line of people on stage in front of sign for the C40 World Mayors Summit on October 10, 2019 in Copenhagen
Advancing Global Human Rights Locally
"While U.S. states and localities may not enter into binding agreements with other nations or act contrary to federal law or policy according to legal precedent, U.S. states and…
May 16, 2023
Julia Spiegel
👁 Bus faces the camera in foreground. Dome of US Capitol Building in background.
In Weaponizing Asylum Seekers, DeSantis & Abbott Unwittingly Demonstrate the Possibility of Safe Transit Policies for Migrants
Ironically, the governors' actions show that the US could implement policies that better reflect the realities of migration - by treating migrants has human beings rather than…
Sep. 30, 2022
Jaya Ramji-Nogales
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How States Like California Are Bolstering Federal Sanctions Against Russia
States and other non-federal actors have significant power, much of which is still untapped, to support ongoing sanctions efforts.
Apr. 5, 2022
Julia Spiegel