Currently, many democratically-led states which disagree with the Trump administration have taken measures to defy the federal government’s agenda.
State governments can push back against the federal government through lawsuits, and by refusing to comply in issues in which state enforcement is necessary.
This has happened recently with marijuana laws. Attorney General Jeff Sessions recently made it easier for the Department of Justice to prosecute marijuana offenses in states where it has been legalized. States have responded to the measure by refusing to enforce it and conducting themselves as the normally have, according to Lee Hannah, professor of political science at Wright State.
States are also working against Trump on the Paris climate accord. 14 state governors have said that they would uphold the agreement and fight against climate change, despite Trump’s decision to pull the United States out of the agreement.
By refusing to cooperate with the federal government’s agenda, state governments can effectively force issues onto the national agenda. Republicans may be forced to compromise on certain issues to avoid paying a political and fiscal price, according to a Vox report.
The federal government can also fight back against states. For one, it has the ability to withhold funds to get states to comply. Often, states rely on federal dollars to fund programs. We have seen this before in the 1970s when the federal government withheld transportation funding to states as leverage to get the national speed limit to be lowered, according to Hannah.
If an issue makes it to the Supreme Court, state governments may be instructed to update their laws, like with gay marriage, for example.
Stronger actions can also be taken against state governments that do not comply. During the civil rights era, Alabama governor George Wallace stood on the campus of the University of Alabama arguing for desegregation – in response, the federal government called in the national guard.
“[The federal government] can go that far to get a state to comply… often there is negotiation that happens before then,” said Hannah.
