Federalism

States of the Union

October 17, 2018

“After the 2016 election,” a recent video about the New York Senate primary begins, “New York State acted fast to pass these measures to resist Trump’s agenda: universal, single-payer healthcare; fully funded public schools; strong environmental safeguards; and sanctuary state legislation to protect all immigrants. Just kidding! That didn’t happen.” But, narrator Edie Falco continues,…

Jessica Bulman-Pozen

Federalism Is in a Bad State

October 12, 2018

In November, voters will be asked to decide 6000 state legislative elections, with 87 of the nation’s 99 state legislative houses holding their regularly scheduled elections. But, on the day after Election Day, all of these elections will be understood by the mass media as having asked essentially only one question: Did voters support Donald…

David N. Schleicher

Double Jeopardy All Over Again?

April 30, 2018

What if Donald Trump pardons people identified as targets by Robert Mueller before, during, or after they are prosecuted in federal court? Would those people escape accountability for their acts, or would a state—particularly New York State, which has jurisdiction over Trump Tower and several key players—be able to prosecute them for what is defined…

Susan N. Herman