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A lesser-known principle, the "equal sovereignty" doctrine, posits that Congress cannot treat states unequally without compelling reason. While used to strike down parts of the Voting Rights Act, states could invoke it to argue they are being unfairly punished or targeted by a hostile federal administration.
A common assumption is that a neutral process is inherently fair. However, due to natural population clustering (e.g., Democrats in cities), a randomly drawn map can still heavily favor one party. Achieving fairness may require intentional design to counteract geographic disadvantages, not just the absence of malicious intent.
The Full Faith and Credit Clause isn't just a command to states; it contains an "effects clause" granting Congress power to regulate how states recognize each other's acts. This was used in the Defense of Marriage Act (DOMA) to permit states to ignore same-sex marriages from other states.
The Supreme Court's interpretation of the 10th Amendment is so strong that states cannot even voluntarily agree to be "commandeered" by the federal government to enforce federal programs. The principle of federalism is a structural rule that individual states cannot waive.
While President Trump has a mandate to address immigration, his administration's forceful tactics are losing public support and face legal challenges on constitutional grounds. This demonstrates that a perceived electoral mandate is not a blank check for any method of implementation, especially when tactics clash with public sentiment and legal norms.
The FCC's move to apply equal time rules to late-night talk shows, seen as a partisan attack, will likely fail. Any legal challenge would force the same standard to be applied to the heavily Republican-dominated AM talk radio landscape, a precedent conservatives would not want to set.
Congress uses its spending power to enact policies in areas where it lacks direct authority, like education or local transport. By offering "conditional spending," it creates powerful incentives for states to comply with federal standards to receive necessary funds.
Rather than reacting after the fact, a coalition of Democratic state Attorneys General has been actively planning and preparing legal challenges based on potential Trump administration actions detailed in documents like Project 2025. They aim to have complaints ready to file immediately, ensuring they are not "caught flat-footed."
The conflict between state and federal governments is moving beyond rhetoric into "soft secession." This involves states actively refusing to cooperate with the federal government on a practical level, such as withholding tax revenues, representing a significant escalation in political brinksmanship.
Political conflict has escalated to include domestic economic warfare. A president threatening to cut off federal funding to non-compliant states represents a tactical shift where economic leverage is used internally to force policy alignment, moving beyond legislative debate to direct financial punishment.
The US was structured as a republic, not a pure democracy, to protect minority rights from being overridden by the majority. Mechanisms like the Electoral College, appointed senators, and constitutional limits on federal power were intentionally undemocratic to prevent what the founders called "mobocracy."