Federalism and Presidential Power

What is "transactional federalism"?

A governance approach where the president rewards loyal states with assistance/praise and punishes dissenting states with delayed resources, funding cuts, and public criticism. Key example: Trump's second term.

What document focuses on Trump's second term and executive orders?

Bromley-Trujillo & Dichio (2025) - "The State of American Federalism 2024-2025"

What is the anti-commandeering principle?

Constitutional doctrine that the federal government cannot force states to implement or enforce federal policy. Rooted in the 10th Amendment.

Which document critiques anti-commandeering doctrine as "made up"?

Schwinn (2025) - "How the Constitution Constrains Presidential Overreach Against the States"

What does "hyperfederalized elections" mean?

The extremely decentralized U.S. election system where approximately 8,000 different jurisdictions administer elections, leading to significant variation.

Which document uses COVID-19 as its main case study?

Selin (2020) - "How the Constitution's Federalist Framework is Being Tested by COVID-19"

What are the four key Supreme Court cases on anti-commandeering?

New York v. United States (1992) - can't force states to regulate, 2) Printz v. United States (1997) - can't commandeer officers, 3) Murphy v. NCAA (2018) - can't prohibit state laws, 4) NFIB v. Sebelius (2012) - can't coerce via conditional spending

What is the "administrative presidency"?

When presidents use executive orders, regulations, agency appointments, and other administrative tools to shape policy and bypass congressional gridlock.

What is the main accountability problem in federalism?

When state and federal governments act in the same policy space, voters cannot easily discern whom to blame when things go poorly or reward when things go well.

What alternative to anti-commandeering does Schwinn propose?

Separation of powers - arguing that presidents lack unilateral authority to condition federal spending because that's Congress's power under Article I, Section 8.

How do states typically respond to opposing-party presidents?

Through "combative federalism": lawsuits (via state attorneys general), sanctuary policies, weak enforcement of federal mandates, and adopting independent policies that contradict federal actions.

What is DOGE and which document discusses it?

Department of Government Efficiency - an ad hoc advisory body created in Trump's second term to identify places to reduce federal bureaucracy. Discussed in Document 1 (Bromley-Trujillo & Dichio).

Common theme across ALL three documents on federalism and presidential power?

The ongoing tension between federal (especially presidential) power and state sovereignty, complicated by partisan politics and accountability challenges.