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States action plays a key role in fighting federal overreach and solve humanitarian aid, A.I. and carbon footprint calculations

Bednar + Cuèllar ’22 [Jenna Bednar is a Professor of Political Science and Public Policy at the University of Michigan and a member of the external faculty at the Sante Fe Institute. Mariano-Florentino Cuèllar is President of the Carnegie Endowment for International Peace and was previously a justice on the California Supreme Court. He is the author of Governing Security: The Hidden Origins of American Security Agencies, 9/6/22, ‘The Fractured Superpower: Federalism Is Remaking U.S. Democracy and Foreign Policy’, https://www.foreignaffairs.com/united-states/fractured-superpower-federalism-remaking-us-democracy-foreign-policy?check_logged_in=1&utm_medium=promo_email&utm_source=lo_flows&utm_campaign=registered_user_welcome&utm_term=email_1&utm_content=20230715, Foreign Affairs] A.J.

But in such a scenario, states could fight back. In The Federalist Papers, no. 45 and no. 46, James Madison argued that states play a crucial role as backstops against federal overreach and called on them to sound the alarm in response to undemocratic action by the federal government. A particularly vivid example concerns a future effort to manipulate a presidential election result. If in a presidential contest in which their candidate loses, Republicans try to stir up sufficient suspicion about the outcome in, say, Georgia or Arizona to certify rival electoral slates and take the presidency, other states such as California or New York could take a variety of extreme measures to. Among other steps, they could suspend cooperation with the federal government, opt out of or subvert federal-state agreements, sever connections between state and federal law enforcement, and symbolically seize federal property. Whether these actions spur greater risk of political violence within and across states—particularly if pursued simultaneously by multiple states—they would virtually guarantee that a resist unified American global strategy would be severely undermined. But the larger point is that such a course of action, however damaging, would allow the states to play a critical role in sustaining the democratic process in the event of a national crisis. When an election is at risk of being overturned by extraconstitutional means, and federal-level political or judicial safeguards fail to defend democracy, the states can serve as a last resort, drawing on the integrity of local officials and institutions as well as the states’ latent capabilities to frustrate routine federal activity in extraordinary circumstances. State resistance can prove to be a democracy-preserving action. RESILIENCE FROM BELOW As policy innovators, shapers of foreign policy, and even defenders of U.S. democracy, states have far more influence than is commonly recognized, and they are poised to build on it in the years to come. To manage this growing role, the U.S. government, state leaders, and the voters themselves must approach the federal system strategically and mitigate the inherent risks of decentralization. First, state governments should further develop their potential to act as “laboratories of democracy” in the U.S. federal system, collaborating with one another when they develop new policies and standards, to shape global developments in ways that advance U.S. interests. States can force action on international climate agreements, reinvigorate immigration strategies, and forge crucial international research partnerships. Doing so will help set the global agenda, but it will also help preserve the viability and strength of the United States in the world order. Second, foreign governments can strengthen their long-term relationships with the United States, regardless of who is in power in Washington, by building ties with individual states and their dependent cities. Areas for collaboration include setting technology standards for AI and carbon footprint calculations, investment in scientific research and technology, and support for ideals such as humanitarian relief or freedom of religion through, say, assistance for refugee resettlement. In all these areas, states can be sources of progress as well as offer continuity in foreign relations. Third, policymakers in Washington should recognize the value of allowing states to experiment on core issues and even engage with them globally. Congress should reestablish the Advisory Committee on Intergovernmental Relations—a federal panel defunded in 1996 that included state, local, and federal policymakers who periodically evaluated the current health of the federal system—to provide a further means for informal negotiation and sharing best practices. When congressional action on an issue isn’t possible, federal agencies should partner with their state equivalents to pursue policy goals. Federal courts, too, would do well to bear in mind—to the extent relevant disputes allow—that states need room to maneuver within the federal system. In another January 6 crisis, states could act to safeguard U.S. democracy. That said, leaders in major states should also plan for the possibility of severe or prolonged federal dysfunction, especially involving future disruptions of the electoral process. As a start, state policymakers can help the public become more educated about the federal system and how it could be manipulated for malign purposes. Although the federal-state balance is an underappreciated source of strength with the potential to drive progress on a host of global issues, it also raises difficult and sometimes painful questions for the United States and the world. In the United States, federalism also reflects a racist history, in which states were able to prevent Blacks from voting, receiving quality education, and fully participating in the economy, as well as restrict where they could live and socialize. As major states become more assertive, their actions will bring new risks as well as new possibilities. Whether this more complex federal system improves policy, bolsters democracy, and enhances America’s role in the world depends on who uses the instruments of federalism and for what purposes. When citizens fail to pay attention, states are vulnerable to strategic abuse by those who would weaponize federalism for party or private interests, against the public and against democracy. At its best, the constant interplay between the states and the federal government can provide a powerful strategic advantage to the United States. States can contribute to continued U.S. leadership on the most vital international policy challenges of our time, as well as ensure the resilience of the U.S. system, helping to preserve and defend democratic institutions and practices. In a more pessimistic scenario, however, the federal bargain could become a source of conflict and tension. And as other countries exploit growing rifts, key states could be left looking to each other and the world rather than to the federal government for leadership.

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