States are increasingly using preemption laws to override local decisions

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 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.

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

Disputes between the federal government, Republican-controlled states, and Democratic-controlled cities over immigration enforcement and sanctuary policies have become a central flash point in modern federalism. These conflicts will shape the future of state autonomy, federal authority, and the enforcement of national policy across jurisdictions.

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 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.

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.

The Supreme Court has greatly expanded executive power in recent years

In Trump v. United States, the court ruled that a former president enjoys absolute immunity for "official acts" in his constitutional core powers. In Trump v. CASA, Inc., the court limited federal courts' ability to block executive enforcement through nationwide injunctions—decisions that shifted power toward the executive branch.

Thousands of state voting changes have been federally blocked since the Voting Rights Act

Since 1965, federal oversight has blocked thousands of state-level voting changes—including redistricting plans—by requiring approval for measures that could affect minority representation, a process scaled back by the Supreme Court in 2013.

Zoning laws determine what can be built—and where—in every American community

Local governments use zoning to regulate land use. About 75% of residentially zoned land in American cities is designated for single-family homes only—a restriction that some experts blame for increasing housing costs and reducing affordability.

Southern Black Codes sought to preserve prewar racial labor structures

With little federal oversight, Southern states enacted laws effectively reestablishing slavery's economic and social order. These laws, known as the "Black Codes," restricted freed people's movement, labor, and property rights.

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.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

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.

Local governments coordinate across jurisdictions through regional councils and planning bodies

Many local governments are part of Councils of Governments or Metropolitan Planning Organizations—regional entities that coordinate transportation, land use, and other shared priorities across city and county boundaries. Federal law mandates their establishment in any metro area with a population over 50,000.

The president can federalize state National Guard units during national emergencies

While the governor usually commands their state's National Guard, the president can assume control—federalizing the guard—under laws like the Insurrection Act or Title 10. Once federalized, troops operate under the US military chain of command.

A formal declaration of war automatically triggers hundreds of statutes granting the president sweeping domestic authority

Beyond authorizing military force abroad, a formal declaration activates a wide range of domestic powers, including authority over enemy property, trade restrictions, and emergency economic authority. It also waives the 60-day time limits under the War Powers Resolution.

Presidents can veto laws—and Congress can override them

A president may veto legislation passed by Congress, but a two-thirds vote in both the House and Senate can override it. For most presidents, only a small share of their vetoes have been successfully overturned.

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.

One of the driving forces behind an increase in pay transparency laws is their ability to help close the gender pay gap.

Since 2018, pay transparency laws have been enacted in more than a few states and cities across the US. But what's driving the trend, from a legal perspective? This law review article attempts to answer that question, citing factors such as the Great Recession and the gender pay gap—click here to learn more.

States are constitutionally mandated to draw their own congressional districts

Under Article I, Section 4 of the US Constitution, state legislatures possess the authority to determine how congressional districts are drawn. However, Congress retains the power to alter these rules if it chooses to.

States have stepped in to keep national parks open during shutdowns

National parks typically close during federal shutdowns, but in 2023, Arizona and Utah planned to use state funds to keep parks open—highlighting how shutdowns can disrupt tourism and local economies.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

The president can deploy the military domestically with minimal oversight

The Insurrection Act of 1807 allows the president to send federal troops into American states during unrest or rebellion, even without a governor's consent. The modern use of the law grants broad discretion and limited congressional or judicial oversight.

In 2025, Democratic-led states moved to counter with their own redistricting plans

In response to Republican mid-decade redistricting efforts, Democratic leaders in California, New York, Illinois, and Maryland signaled plans to revisit their own congressional maps.

A guide to single-use plastic bans across the US

Over 100 cities and municipalities in the US have banned Expanded Polystyrene (EPS) in government facilities including New York City, Los Angeles, Seattle, San Diego and Miami Beach, Florida. Here, maps illustrate what US states have bans in place.

Read a breakdown of each state's pay transparency laws.

Pay transparency laws in the US are evolving quickly, as some states introduce them for the first time and others update existing legislation. This resource has an updated list of key pay transparency legislation in states across the country, as well as general explainers about what each of those laws dictate. Check it out here.

In the midst of the Civil War, Lincoln rapidly expanded presidential power

Abraham Lincoln suspended habeas corpus, expanded the army without congressional approval, and issued the Emancipation Proclamation—despite likely lacking authority to unilaterally alter national slave law. His actions set precedents for expanded presidential power in wartime.

States are creating legislation to try to better protect their healthcare workers

State lawmakers and hospitals are scrambling to protect the nurses, doctors, and other healthcare workers that are increasingly experiencing workplace violence. Dozens of states have passed laws or are working on bills that aim to curb hospital and clinic violence by requiring detailed violence prevention plans from employers, increasing legal penalties for those who attack healthcare workers, or taking steps like requiring hospitals to have a law enforcement officer—not just a security officer—on-site.

Police spending is one of the largest budget items for local governments

Local governments finance most of the costs for police in the US. Total state and local criminal justice spending—covering police, courts, and corrections—reaches hundreds of billions of dollars annually.

The Tenth Amendment reserves all powers not granted to the federal government to the states or the people

Any powers not delegated to the federal government by the Constitution are reserved to the states or to the people. It has been cited in legal battles over healthcare, marijuana, and environmental regulation.

Many local governments also struggle to rein in their spending.

Track the unusual push for mid-decade redistricting across the US

The National Conference of State Legislatures maintains a live tracker showing where mid-decade congressional redistricting is underway, detailing which states are pursuing new maps, the legislative and constitutional methods being used, and how courts are responding as the 2026 elections approach.

Tech giants like SpaceX and Meta are increasingly behaving like sovereign powers

Companies now make unilateral decisions once reserved for nation-states, such as controlling satellite internet access in active war zones and influencing global information flows. Lawmakers and the international order are struggling to keep up with technological developments, let alone regulate them.

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.

27 states have right-to-work laws

That means employees in those states can choose whether or not to join a union at their workplace. Right-to-work laws also make it optional for employees in unionized workplaces to pay fees associated with union membership.

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.

16 states impose term limits on their legislatures

As of 2025, 16 states limit how long lawmakers can serve, usually capping tenure at eight to 12 years in one chamber or across both chambers combined. Most of these limits stem from a 1990s reform wave aimed at curbing career politicians.

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.

Consolidated city-county governments merge two layers of local government into one

A city-county consolidation removes a layer of local government by merging a municipality with its surrounding county. Examples include Jacksonville-Duval County, Louisville-Jefferson County, and San Francisco, all of which operate as both cities and counties.

Presidents have often used military force without formal declarations of war

Although the Constitution grants Congress the power to declare war, American presidents have repeatedly ordered military action without formal declarations. These precedents have expanded executive authority in national security beyond what the framers likely envisioned.

Southern states enacted voting restrictions aimed at circumventing Reconstruction

After 1877, former Confederate states passed poll taxes, literacy tests, property requirements, and grandfather clauses to disenfranchise Black voters—restrictions that remained in place for nearly a century until the Voting Rights Act of 1965.

Congress is passing fewer laws than in previous decades

A Reuters analysis shows that legislative output in the US Congress has declined as polarization deepens, bipartisan cooperation erodes, and lawmakers rely more on sprawling, must-pass spending bills rather than regular lawmaking.

McCulloch v. Maryland upheld implied powers and blocked states from taxing the federal government

In 1819, McCulloch v. Maryland confirmed that Congress may use implied powers under the necessary and proper clause and ruled that states cannot tax federal institutions, reaffirming the supremacy of the federal government within its constitutionally delegated powers.

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.

Explore the use of executive orders over time

An executive order is a presidential directive that manages the federal government and carries the force of law when authorized by the Constitution or statute. Since 1789, more than 16,000 have been issued—Franklin D. Roosevelt used the most, signing 3,721 during his 12 years in office.

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.

As of 2025, there are no federal laws involving privacy and smart city technologies

Advancements in cloud technology and artificial intelligence allow cities to capture, store, and analyze more information than ever before. Experts warn that the unhindered ability to collect and use this data may infringe on residents' rights and endanger them if the data gets into the hands of malicious parties.

Read about potential changes to pay transparency laws at the federal level, as well as key aspects of states' transparency laws.

While many US states have pay transparency laws, no similar legislation has been passed at a federal level. However, the Salary Transparency Act was introduced in Congress in March 2023. For details about what that legislation would mandate and its status in the US House and Senate, click here.

Explore the specific authorities granted to Congress: the 'enumerated powers'

The Constitution grants Congress a list of powers—including taxing, regulating interstate commerce, and declaring war—while powers not explicitly listed are reserved to the states or the people, defining the federal government's scope of authority.