In the United States, states have a long history of being considerably less than united. The Articles of Confederation were so focused on protecting the prerogatives of the individual colonies that they proved unworkable, and were replaced by a Constitution that made its own significant concessions to “states’ rights.”
As the country modernized and experienced increasing economic and social integration, the need for national standards became more obvious. Lawmakers recognized that federal agencies regulating things like health or clean air and water needed to issue regulations that would operate similarly in all the states. The Uniform Law Commission (also known as the National Conference of Commissioners on Uniform State Laws), was created to draft legislation that would bring stability and conformity to state statutory law in areas where such uniformity is seen as desirable and practical. And there is an obvious need for federal law enforcement to enforce its criminal laws nationally.
But there is still room for considerable variation. Justice Brandeis memorably called the states in our federalist system “laboratories of democracy.”
Americans increasingly operate, live and do business in multiple states–a situation that led me to discount the importance of federalism for a long time. (Different laws in different states, after all, caused some very silly situations; before the Supreme Court found same-sex marriage to be a Constitutional right, people who were married in one state weren’t considered married in others.) I focused on the downside and failed to appreciate the upside.
The Trump administration has reminded me of federalism’s importance. Governors like Jay Pritzker in Illinois and Gavin Newsom in California, among others, have illustrated that importance, and a recent article from Vox called federalism a “hidden constraint” on Trump.
So far, the biggest successes against President Donald Trump’s second-term assault on democracy have come not from Congress and the Supreme Court, but more unusual sources: lower-court judges, “No Kings” protests, a Disney+ subscriber boycott, and Trump’s own indiscipline and incompetence.
After the 2025 elections, we can add the states to the list. And in some ways, this avenue of resistance may prove to be the most consequential one.
The article noted that the United States’ federalist system is unusual among backsliding democracies– and that it creates some “major opportunities for institutional pushback” that aren’t possible elsewhere. It also notes the irony of where we are today, since for most of our history, states (especially in the South) “have been places where pockets of authoritarianism could exist in a nationally democratic society.”
Certain of the powers that are, in our system, remitted to the states — very much including control over the administration of elections — are mechanisms through which we can resist this administration’s authoritarian power grab. We can see this most vividly in Trump’s effort to rig the upcoming midterm elections by asking Red states to engage in improper mid-cycle gerrymanders.
Because election administration is almost entirely devolved to the states in the American system, Trump has very limited powers to actually try and rig elections from DC. Instead, gerrymandering at the state level — threatening and cajoling governors and state legislatures into drawing as many safe seats for Republicans as possible — is his best shot at actually stacking the deck in the GOP’s favor in 2026.
As we are seeing, that effort is currently failing. Not only have Blue states “counter-gerrymandered,” but legislators in Red states like Indiana have (at least so far) refused to go along, deferring to the huge majorities of their constituents who disapprove.
As the article points out, would-be autocrats follow a well-worn path that requires consolidating formal power in their own hands and neutering independent checks on their authority. It’s a lot harder to rig elections or prosecute your political opponents when you don’t control the necessary levels of power. True, strong federalism cannot guarantee democracy: (Our history has ample examples of authoritarianism flourishing at local levels) But that system creates “opportunities for contestation” when the national government is moving in an unAmerican direction.
It’s hard to imagine a more unAmerican–not to mention demented– administration than the one we currently have. In just the last week, our mad would-be King has accepted a bribe from Saudi Arabia, authorized extra-judicial killings of Venezuelan fishermen, called for the death of political opponents who had the temerity to remind our troops that they took an oath to defy manifestly illegal orders, and responded to a legitimate question from a reporter by calling her “piggy.”
Given the fact that we have a Congress of eunuchs and a corrupt majority on the Supreme Court, I have a new appreciation for the role of federalism in America’s system of checks and balances.
Very hopeful summary. HOWEVER, the first thing out of the orange scumbag after the two guardsmen were shot was to call out 500 MORE troops to patrol a calm city. He even demurred at attending the soldier’s funeral by rambling about how he dominated the vote in West Virginia. Does anyone think he will not cancel the 2026 mid-terms? Really?
He may be dead by then or drooling uncontrollably in front of the cameras – depending on how much Adderall or whatever is keeping him upright he’s given – but his evil, behind-the-scenes “handlers” and “policy makers” may well just go ahead and start shooting citizens, and if an election is actually held, send out the goons to intimidate the voters standing in impossibly long lines.
Steve Bannon recently told a herd of fervent MAGAs that if they lose the 2026 and 2028 elections, many of them would be going to jail. Sounds like a confession to me. So, if there are no elections, they will be safe. Never mind that the nation will come apart.
In those scenarios, even the good intentions of federalism won’t save us from tyranny of Republican crooks.
Maybe it’s my lack of understanding the aging process, but when I see dumptrump in action I am nauseated but not seeing signs of dementia as others do (he is 79, I am 83). We all age differently, but what I have seen – unbelievably every day since his escalator descent in 2015 – is someone with increasingly narcissistic and sociopathic tendencies, exhibiting more and more lack of compassion or empathy, even cruelty, bantering on about conspiratorial sleepy Joe causes and blaming everything on all immigrants, among others, but apparently still in control of his faculties. My opinion is that this uninformed, uneducated, non-reader keeps spewing forth childish gibberish that appeals to himself and to his band of merry magas, unmerited and completely devoid of any shred of serious thought or investigation, but rather than in some sort of mental decline, quite in charge of his severely limited capabilities which has always been the case. Nothing new here. He is a cruel, mean-spirited, self-serving individual who behind the scenes knows how to charm – and bully charmingly – to get his own way, always. Becoming POTUS (TWICE!) only reveals the serious flaws of our election system and the lack of education/demented mindset of a third or so of our population (along with the other third who never voted).
Is it true that the vote rigging that Indiana is trying to do now is not allowed under the IN Constitution? Is this a lawless activity? Are they emulating Trump and going lawless?
I agree with Sheila’s take on Blue States fighting back against Trump’s illegal actions. Still, I can’t understand why the United Nations isn’t pressing charges against the US and Israel right now for genocide and extrajudicial killings in International Waters. I read last night that Kegsbreath actually ordered the murder of two survivors of one of the boat attacks who were clinging to remnants of their boats. That violates so many US Military protocols, yet he’s worried about Democrats reminding our military NOT to accept illegal orders. Well, our military is executing innocent people!!!
As Hoosiers know, Braun got his way, so Hoosier reps are returning to session to discuss gerrymandering against Hoosier voters’ wishes. Of course, every MAGA on my social media timelines has shared that Indiana must gerrymander to counteract the Blue States like California. None of them knew that Cali’s citizen redistricting effort was on their ballot. Indiana refuses to appeal to its citizens.
The Oligarchy has always manipulated the poorest and least educated Southern States. Hell, poor whites fought and died in the Civil War so oligarchs could maintain their slaves. WTF!
Steve Bannon has also said that Trump will be POTUS in 2028, no matter what. I am assuming that if he commits an illegal act, Blue State AGs will file lawsuits. That means our right-wing activist SCOTUS will rule over the elections. That’s not a very hopeful situation.
Zeteo does a recap of the week’s happenings in D.C., mainly. Global events as well. When you read it from a weekly perspective, you are taken aback at all the illegal and corrupt activity. Trump is using our money to prop up a company and then personally buying their corporate bonds. How is that allowed? I see no pushback from Congress or SCOTUS. They are stealing us blind!!!
Here is the link to Zeteo’s weekly recaps. It’s well worth following:
https://zeteo.com/p/this-week-democracy-45-trump
“As we are seeing, that effort is currently failing. Not only have Blue states “counter-gerrymandered,” but legislators in Red states like Indiana have (at least so far) refused to go along, deferring to the huge majorities of their constituents who disapprove.”
But…the Indiana Legislature has been called back into session on Monday, December 1, 2025 to begin the 2026 Legislative session to again take up the “counter-gerrymandering”. Any guesses as to how this questionable Legislative session will end and how fast the “counter-gerrymandering” will restructure our legal districts? Once that issue, probably the only issue on the agenda, is decided in the MAGA favor and will the Indiana Legislature session then be gaveled to an end and sent home for the holidays?
Indiana is but one of the “Mississippis of the northern states” who are following Trump and Maga to form a national level of sovereignty and put an end to all “No Kings Day” protests and protests in general with the Supreme court’s full support and immunity of Trump extended to the Judicial system. The courts are our only source of protection and fading fast; will we need a second Revolution, this time internal, to end our military being sent into cities to act against American citizens? The tragedy of the shooting in Washington, D.C. with Trump now being protected by almost 3,000 of our National Guard troops is showing our national weakness globally. What has been happening in the states all National Guard troops have been removed from with their families, their jobs and protecting their own states from invasion by Trump’s orders?
This massive destruction of America and Americans by Americans is being accomplished by the internal enemies using the civic and human rights afforded them by the Constitution of the United States of American which they intend to fully destroy.
I am tired in my body, in my heart and in my mind; nothing of value is being protected from the evil and the amazing thing is Trump has only been president for TEN MONTHS, we have more than THREE YEARS to choose to fight or to die.
The US is powerful because of our resources, including immigrant labor, intellectual property, and natural resources, and our mixed economy. Despite that, we elected a tyrant opposed to immigration and scholarly resources, whose view of natural resources is limited to oil, and who has no intention of maintaining our critical infrastructure.
If all of that sounds familiar, it’s because some of us lived through the fall of the USSR because of similar forces.
Thanks, liked the civics reminder in today’s post.
One question for the folks in Indiana: If your legislature does end up redrawing the electoral map, will enough of you care enough to send home in the 2026 election those who have violated the state Constitution?
I worry that eleven months might be just enough time to dull the memory of a blatantly unconstitutional episode.
Here is a good bumper sticker with the (D) in blue, and the (R) in red.
Vote for (D)ecency
not for c(R)uelty