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Nov. 27, 2024

Circle the wagons, blue states

Federalism allows states and the federal government to balance power and protect individual liberty, encouraging citizens to seek protection from one government when oppressed by the other.

David A. Carrillo

Executive Director, California Constitution Center at Berkeley Law.

Brandon V. Stracener

Email: bstracener@bgwcounsel.com

This month's presidential election results have left blue states uncertain about the path forward, with many questioning what, if anything, can be done. Yet we see an opportunity to reinvigorate our state constitutions. For those asking "What's next?": circle the wagons, marshal some legal arguments, and go on offense. Here's your roadmap for action.

The obvious first barrier to wielding state law is the federal constitution's Supremacy Clause. As Justice Ba...

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