First Page
485
Last Page
523
Document Type
Symposium
Abstract
Current disputes between state/local entities and the Trump administration, some of which build on flare-ups over the past few decades, place in sharp relief the key doctrinal features of modern federalism, many of which seem to confound the Supreme and lower courts, to say nothing of political actors and legal analysts. The mistakes being made run in both directions; sometimes states are wrongly confined, and in other episodes states are given (or are seeking) more than they are constitutionally due. In this Essay, I use several case studies—some from recent weeks or months and others from recent years or decades—to try to bring some clarity to an admittedly complex and intellectually challenging landscape.
Recommended Citation
Vikram David Amar,
Correcting Confusion Over
Commandeering, Supremacy, and Preemption: A User’s Guide to Modern Federalism,
53 Pepp. L. Rev.
485
(2026)
Available at:
https://digitalcommons.pepperdine.edu/plr/vol53/iss3/4
Included in
Constitutional Law Commons, Courts Commons, Law and Politics Commons, Public Law and Legal Theory Commons, State and Local Government Law Commons, Supreme Court of the United States Commons
