Opposing policies over immigration and sanctuary cities define the contemporary debate over federalism

Immigration enforcement shows how federalism plays out on the ground

In recent years, federalism has shifted from allowing policy diversity across states to open conflict, with states and the federal government increasingly trying to impose their preferences on one another over issues like abortion, voting, immigration, and public health.

Sanctuary cities limit local cooperation with federal immigration enforcement

Sanctuary cities limit how local agencies help ICE—such as restricting detainers, jail transfers, or data sharing—while still enforcing criminal law, leaving immigration enforcement mostly to federal authorities.

Courts referee federalism disputes between Congress and the states

Modern federalism is primarily worked out through litigation. The Supreme Court decides disputes in written opinions that explain when federal law preempts state authority, how far Congress's powers extend, and when states may resist.

Federalism creates tension between national and state power by design

Federalism assigns authority so that neither the national government nor the states entirely dominate the other or the people they govern. By creating overlapping claims of power, the system makes negotiation, conflict, and compromise a permanent feature rather than a failure.

The debate over federalism helped produce the novel character of the United States

During ratification, Federalists argued that a strong national government was essential for national survival. Anti-Federalists warned that it could overwhelm states and threaten individual liberty—forcing compromises that shaped early American federalism and led to the adoption of the Bill of Rights.

Sharp partisan divides shape how Americans view immigration enforcement

A January 2026 survey shows large party gaps: Both sides broadly support recording arrests, but Democrats are much more likely than Republicans to support sharing officer locations and to oppose profiling, masked officers, and neighborhood-based enforcement.

Federal systems are a minority among the United Nations' 193 members

Of the United Nations' 193 member countries, roughly two dozen use a federal system, dividing power constitutionally between national and subnational governments. This group includes the United States, India, Canada, Germany, and more. The video walks through examples of how these states operate.

States are increasingly using preemption laws to override local decisions

Preemption laws enable state legislatures to prevent cities and counties from enacting their own rules on issues like minimum wage, gun control, and housing. Their use has increased significantly in recent years.

Federalist 51 argues that liberty could be protected within the national government

In Federalist 51, James Madison wrote that separating powers and pitting their ambitions against one another would restrain federal overreach from within, reducing reliance on state resistance as the sole check on national authority.

Both parties largely agree that America's immigration system is broken

This three‑part podcast series traces America's immigration system origins, revealing how historically celebrated Ellis Island-era policies evolved into today's fractured, fact‑starved debate—shedding light on economic, cultural, and political forces shaping the current dysfunction.

Issues of ICE conduct span multiple Republican and Democratic administrations

Complaints of abuse and harsh treatment increased as detentions and deportations of undocumented immigrants reached record levels during former President Barack Obama's first term. Frontline investigated the causes of these claims in 2011 and found that these issues cross party lines.

The rivalry between Alexander Hamilton and Thomas Jefferson centered on federalism—the question of how much power the federal government should hold relative to the states.

Alexander Hamilton and Thomas Jefferson clashed over how power should be divided in the new republic—Hamilton favoring a strong national government with broad implied powers, and Jefferson warning that such authority would erode state power and threaten republican liberty.

Federalist 10 argued that a large republic best protects liberty

In Federalist 10, James Madison argued that a broad federal government could better control factions than small states (like classical city-states in ancient Greece). This foundational text in American political thought reframed the Constitution as a solution to political division rather than a threat to self-government.

Debating the Constitution today

The Constitution continues to shape our political and social life today. If you want to understand how today’s political debates connect to the Constitution, check out this podcast from the National Constitution Center. The weekly program features experts from diverse perspectives and explores how constitutional principles shape modern issues.

Supreme Court Justice Louis Brandeis once called states 'laboratories of democracy'

Louis Brandeis argued that federalism allows states to experiment with new policies without committing the entire nation, thereby allowing successful ideas to spread while limiting the risks of failure.

Two doctrines of local governance determine how much power cities actually have

Under what is known as "Dillon's Rule," local governments can only exercise powers explicitly granted by the state. Under "home rule," cities have broader self-governing authority—but the balance between the two depends entirely on state law.

The New Deal shifted economic and social authority to the federal government

Franklin D. Roosevelt's response to the Great Depression expanded federal power through economic regulation and social welfare programs, permanently reshaping federalism by shifting responsibility for financial security to Washington while leaving states to administer many of these programs.

The powers of local government are rooted in state law, not the Constitution

Unlike the federal government or the states, local governments have no constitutional standing—they exist only because state law allows them to. A state legislature can redraw a city's boundaries, strip its powers, or dissolve it entirely.

The United States is the world's oldest continuously operating federal system under a written constitution

The US pioneered federalism in the late 18th century, and many countries later adopted federal systems to manage conflict and share power. This resource features interactive maps that trace the spread of federal systems worldwide from 1900 to the present.

Trump's 2025 asylum suspension departed from a policy framework in place since 1980

In January 2025, President Trump issued an executive order suspending the asylum program and halting application processing at the southern border. This represents a departure from recent American asylum policy traditions and international humanitarian commitments.

Critics argued Hamilton prioritized central power over popular sovereignty

This podcast examines Hamilton's belief in expansive federal power and why he was repeatedly labeled a monarchist—tracing how his calls for a strong executive, his life-tenure proposals at the Constitutional Convention, and his admiration for British stability fueled accusations that he favored centralized power over republican rule.

The supremacy clause establishes federal law as the highest authority

The supremacy clause states that the United States Constitution and federal laws enacted under it supersede conflicting state laws, ensuring national authority prevails when federal and state governments disagree.

Supporters argue that the Electoral College strengthens federalism and election stability

Defenders of the Electoral College argue it preserves federalism, forces candidates to build broad national coalitions, magnifies victory margins to reduce recount disputes, and limits incentives for voter fraud by containing the impact of contested ballots within individual states.

When state and local laws conflict, state law almost always prevails

Courts generally side with state law when it conflicts with a local ordinance. Whether the contradiction is explicitly stated or merely implied by the two laws, state authority typically prevails.

The Supreme Court has never definitively settled federal war powers

Despite more than two centuries of conflict over war powers, the Supreme Court has consistently avoided defining the precise boundary between congressional and executive authority, leaving that boundary to be contested by the political branches.

Colonial self-rule fostered strong autonomy and distrust of centralized power

American colonies were governed through a patchwork of different systems, ranging from Crown-run to locally controlled. Broad local autonomy—often followed by sudden imperial crackdowns—taught colonial leaders to prize home rule and distrust distant centralized power, attitudes that later informed US federalism.

Explore the countries with a federal system—and see how they work

This resource from the Forum of Federations catalogs the world's federal countries. It provides background information on each, including the emergence of federalism, the division of power, and the practical interaction between national and regional governments.

Thomas Jefferson and John Marshall clashed over national power and states' rights

Distant cousins Jefferson and Marshall advanced opposing constitutional visions—Jefferson favoring states' rights and local majorities, while Marshall defended broad federal authority and judicial review. Through decisions such as McCulloch v. Maryland, Marshall advanced national supremacy over state resistance.

Watch the DOJ attempt to reform a local police department in 2016

This report examines federal oversight of Newark's police department as the DOJ enforces reforms following its investigation into civil rights violations, highlighting the challenges of reforming local policing through federal intervention.

The Civil War permanently strengthened federal power

The Civil War expanded federal power through emancipation, national military mobilization, and postwar civil rights laws, permanently strengthening the national government and shifting the balance of authority away from the states.

The Department of Homeland Security manages America's border and immigration enforcement

DHS serves as the umbrella agency managing immigration enforcement, border security, and related public safety responsibilities. Learn more about the department's budget, strategic initiatives, organizational history, and coordination of multiple agencies.

Cities bore the brunt of the migrant surge in the 2020s

During the 2022-24 migration surge, cities such as New York, Chicago, and Denver faced shelter overcrowding, strained public services, and housing shortages—while the upfront costs fell almost entirely to states and cities.

Read the Federalist Papers—the essays that defended the proposed Constitution

Written between 1787 and 1788, the Federalist Papers—85 essays by Alexander Hamilton, James Madison, and John Jay—defended the Constitution and articulated the logic of federalism. They remain a key guide to the original interpretation of the Constitution.

The 2025-26 Supreme Court docket is poised to reshape presidential power

As the Supreme Court begins a new term, several major cases could define the scope of presidential authority. The court may rule on President Trump's efforts to control state National Guard units, fire independent officials, impose tariffs, and cut congressionally mandated federal spending.

New Deal programs still shape mandatory federal spending today

Many of the largest items in today's federal budget—especially mandatory programs—trace their origins to Franklin D. Roosevelt's New Deal. This podcast explores how those policies reshaped federal spending and government responsibility.

Congress has handled past crises through emergency lawmaking and institutional expansion

In a 2020 podcast from the National Constitution Center, historians and political scientists examine how Congress navigated past national crises—particularly the Civil War—and what those moments reveal about governing today.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

See how local, state, and federal governments divide the cost of public services

Federal, state, and local governments share responsibility for funding public services. Education, roads, and social programs are funded through a complicated mix of taxes and intergovernmental transfers.

The separation of powers is a pivotal component of the US Constitution

Explore how the three branches interact through the Supreme Court case of US v. Alvarez. The Supreme Court first struck down a law, then Congress and the president later revised it—illustrating how judicial review can reshape legislation and executive action.

An adultery and poisoning case examined whether federal treaty power supersedes state law

This Radiolab podcast unpacks Bond v. United States, where a local love-triangle assault became a federal case under an international treaty—forcing the Supreme Court to confront a founding question: How far can federal power reach into crimes traditionally handled by the states?

Many local governments also struggle to rein in their spending.

The federal government sent roughly $1.1T to state and local governments in 2024

Federal grants support a large portion of state and local budgets, funding Medicaid, infrastructure, education, and housing. In FY 2024, these transfers made up about 16% of total federal spending.

A timeline of US immigration laws

The United States began regulating immigration soon after it won independence from Great Britain, and the laws since enacted have reflected the politics and migrant flows of the times. Here's a timeline of key immigration laws from 1790 to 2014, according to the Pew Research Center.

Hear from those who reported on the ground in Minneapolis amid immigration raids

In this podcast episode, journalists reporting from Minneapolis describe ICE enforcement actions, street protests, and community fallout—offering firsthand accounts of how immigration crackdowns are unfolding in the Midwestern city.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

The 10th Amendment affirms that most undelegated powers remain with the states

Adopted to reassure skeptics of an overly powerful federal government, the amendment was meant to curb federal overreach and preserve state control over most everyday governance decisions.

Federal spending falls into 2 categories: mandatory and discretionary

Federal spending is split between mandatory programs, funded automatically by law, and discretionary programs, funded through annual appropriations. This video breaks down which major programs fall into each category and why the distinction matters.

The nullification crisis tested whether states could defy federal law

In the 1830s, South Carolina declared federal tariffs void within its borders. President Andrew Jackson threatened military force, Congress passed a compromise tariff, and the episode ended with federal authority prevailing over state nullification.

The 2025 budget bill significantly increased ICE's budget and role in federal law enforcement

The 2025 'Big Beautiful Bill' allocated $170B to immigration and border enforcement for use through 2029. ICE's nearly $100B share includes substantial increases in detention capacity and operational scope. The increased funding will make ICE the most heavily funded federal law enforcement agency.

In the 1950s, the federal government tried to dissolve tribal nations and end their sovereignty

A federal policy called "termination" withdrew official recognition from more than 100 tribes in the 1950s, cutting off federal services and subjecting reservation land to state taxes and sale.