Donald Trump

Trump Tramples American Federalism

Abstract

President Donald Trump threatens American federalism because he sees himself as a popular and powerful populist leader presiding over the unitary executive of a unitary nation. He regards the states as agents of the federal government; therefore, he intervenes, including militarily, in all facets of state and local affairs. He is making unprecedented uses of federal-aid funds to coerce state and local governments into complying with his policies. Federal district and appellate courts have been the principal check on Trump, and he has lost most of the lawsuits filed against his actions. However, 40 months remain in his Administration.

Continue reading →

Posted by John Kincaid in Case Studies, 0 comments

Covid-19, the USA and the Generation of Constitutional Conflict

Abstract

The United States has responded ineffectively to the COVID-19 pandemic, raising questions about the capacity of contemporary American federalism to deal with crises.  This article examines the scope of power granted to the federal government by the U.S. Constitution and the legislative power available to states under state constitutions, concluding that these powers are adequate to deal with the pandemic and other emergencies.  It then considers whether having multiple governments confronting the crisis has precluded a coordinated response.  Although scholars have highlighted cooperative federalism in the United States, cooperation is not automatic, and in recent years American political parties have become more ideologically cohesive and more polarized. Federalism has multiplied the opportunities for these parties to advance their objectives or to frustrate those of their adversaries in the overlapping domains in which both states and the federal government operate. The result has been uncooperative federalism.

 

Continue reading →

Posted by Alan Tarr in Policies, 0 comments

From Shades to Fragments: US Federal Democracy under the Trump Administration

Abstract

The controversies linked to the current US president aside, the Trump administration has faced obstacles in implementing its political programmes. This is unsurprising as governing in the United States is, in general, quite difficult. Reasons for this stem from the separation of powers at national level, but also the complexity of US federalism. The manifold division of powers in federal and democratic government render the US by comparison a rather uncoupled federal democracy. Despite these constitutional default settings, the United States has witnessed many instances and phases of cross-branch and cross-level cooperation. However, in recent decades, both American federalism and democracy have become increasingly wrought with tensions, polarization and political conflicts. In this contribution, I aim to show that the overarching pattern of US federal democracy has developed into one of fragmentation. This pattern has surely been exacerbated under the Trump presidency, but it has long been in the making.

 

Continue reading →

Posted by Jared Sonnicksen in Case Studies, 0 comments