Party polarization continues to sustain gridlock in Washington and produce state-federal tensions. States could reduce Washington’s polarized gridlock by eliminating partisan gerrymandering and reforming primary elections, but states also are more polarized along red and blue lines. Polarization contributes to coercive federalism, and states are on the defensive in their relations with the federal government. State-federal conflicts over the Affordable Care Act, the Common Core State Standards Initiative, REAL ID and other issues marked 2013–14. Many observers tout state innovation as a counterbalance to Washington’s gridlock, but many innovations are polarizing because they are produced by one-party states and thus lack bipartisan traction. The federal government also pre-empts some state innovations and nationalizes others. The U.S. Supreme Court decided eight federalism-relevant cases during its 2012–13 term and four in early 2014, with 10 to be decided as of April 2014.
This article reviews developments in interstate relations pertaining to uniform state laws, interstate compacts and administrative agreements, civil unions and same-sex marriage, and other pertinent interstate legal matters since 2011.
Declining budgets, the need for court reforms and efforts to rein in court power necessitate examining how courts work with or lobby other branches of government. This article examines existing research on how courts do intergovernmental relations work and focuses on the need for the development of best practices.
This year’s Supreme Court docket includes many cases of interest to the states on controversial subjects like affirmative action and legislative prayer and more esoteric subjects like abandoned railroad rights-of-way and federal court abstention.
Elections continued to be the focal point of study and attention by federal policymakers after long lines developed in some locations during the 2012 election. The President’s Commission on Election Administration looked at election practices and made recommendations in January 2014. Congress continues to focus on military and overseas voters and also introduced voting-related bills in response to the commission. The Supreme Court negated the continued use of preclearance by the U.S. Department of Justice for approval of voting changes, which is likely to lead to new legislation related to voting.
Relatively few state legislative seats were up in 2013 and the only major change was in functional control of the Virginia Senate, where the Democrats eked out control. Republicans, however, continue to dominate the legislative branch across the country by controlling 26 state legislatures, compared to only 19 held by Democrats. Only four states have divided legislative control, representing near historic lows of split control.
Oregon’s reputation for ballot accessibility stems from vote-by-mail, but the state continues to use technological innovation to build an elections system that is convenient, transparent and secure. While new technology can involve upfront investments, innovation substantially reduces the cost of running elections.
Governors continue to be at the forefront of governmental activity in the 21st century. They are in the middle of addressing the problems facing the country’s weak economy. The demands on governors to propose state budgets and keep them in balance have continued to increase greatly since the recession began as severe revenue shortfalls hit the states. This places severe limits on the states’ abilities to address many growing needs of people and businesses trying to live through such tough times. The varying political viewpoints on what and how state government should work on this continuing set of problems only makes it harder for elected leaders to achieve agreements over policy needs and governmental responsibilities.
Voters decided 31 state-level propositions in 2013, a slow year for citizen lawmaking. The most controversial measures were a tax increase in Colorado and GMO food labeling in Washington. Voters also decided a large number of local ballot propositions, addressing a number of high profile issues, including minimum wage, marijuana legalization and pension reform.