The State of American Federalism 2016–2017: Policy Reversals and Partisan Perspectives on Intergovernmental Relations

Abstract

Unified Republican Party control of the federal government after the 2016 election brought a reversal of several Obama administration policies, especially those adopted via executive and administrative action in areas such as immigration, energy, the environment, and LGBT rights. The 2016 election also prompted a reversal of partisan perspectives with respect to federal-state relations, as Republicans in Washington moved to preempt state discretion in various areas, whereas Democrats in state capitols challenged the legality of presidential actions and resisted federal efforts to constrain state and local discretion. In this essay, we discuss these themes through an analysis of developments in 2016 and early 2017 regarding health care, immigration, education, marijuana, and energy and environmental policy. We also consider key U.S. Supreme Court decisions affecting the contours of state policymaking.