This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights.

Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.

chapter 3|20 pages

National security and anti-terrorism policies

The federalism implications of Trump’s travel ban

chapter 4|20 pages

Capital punishment and federalism

International obligations and domestic standards

chapter 5|18 pages

The Supreme Court and the Affordable Care Act

The consequences of the NFIB v. Sebelius decision for health care policy

chapter 9|20 pages

Immigration federalism

chapter 10|16 pages

The equal sovereignty principle as federalism sub-doctrine

A reassessment of Shelby County v. Holder

chapter 11|6 pages

Concluding thoughts