Commentary The Biden administration began overreaching on its first day. It has this in common with every Democratic presidency and congressional majority in recent history. Give them the slimmest of electoral victories, and it’s “pedal to the metal.” Republican state officials are talking about responding as they did during the Clinton and Obama administrations: by using state power to push back. The correct term for state push-back against the feds is interposition. James Madison first applied that word to state constitutional checks on federal power. Interposition is built into our constitutional system. I’ve been advising state officials on interposition for nearly 30 years. In 2016 I examined the topic in a Heartland Institute issue paper (pdf). This essay summarizes some of the paper’s conclusions and adds further observations. The methods of interposition range from very weak to the strongest possible constitutional approach. Several methods overlap, and state officials can use …
How States Should—And Should Not—Push Back Against the Biden Administration
March 14, 2021
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