State-Federal Relations: Continuing Regulatory Federalism

American federalism demonstrated remarkable continuity and responsiveness throughout the horrific events associated with the 2000 presidential election and the terrorist attacks of 2001. Yet, the contemporary era has also been one of coercive or regulatory federalism, marked by historically unprecedented levels of federal preemptions, mandates, conditions of aid and other extensions of federal power into state affairs. The U.S. Supreme Court has pursued a countervailing state-friendly federalism jurisprudence since 1991, but in the political realm, there is substantial bipartisan and even intergovernmental support for coercive or regulatory federalism.

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About the Author
John Kincaid is the Robert B. and Helen S. Meyner Professor of Government and Public Service and director of the Meyner Center for the Study of State and Local Government at Lafayette College in Easton, Pennsylvania. He is also editor of Publius: The Journal of Federalism.

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