Federalism for Anti-Fascists
5 hours ago
- #State Sovereignty
- #Federalism
- #Constitutional Law
- The paper presents a constitutional framework for states to oppose federal authoritarian capture through five tiers: cooperative federalism, uncooperative federalism, soft secession, oppositional federalism, and constitutional non-compliance.
- It argues that states, particularly larger ones, have the economic and institutional capacity to function independently via soft secession, as shown by examples like California and Texas.
- The framework is grounded in established Supreme Court doctrines such as dual sovereignty, anti-commandeering, and the McCulloch valid exercise principle.
- Historical precedents include states prosecuting federal officers under state law, resisting the Fugitive Slave Act, legalizing cannabis despite federal law, and forming attorney general coalitions.
- The author compares this work to Erica Chenoweth's civil resistance research, aiming to provide a structured, empirical basis for state-led constitutional opposition.
- The paper is available as a free 125-page working draft on SSRN, with downloads helping to increase its visibility and impact ahead of peer review.