The State of American Federalism 2014–15: Pathways to Policy in an Era of Party Polarization

Abstract

The state of American federalism in 2014–2015 is characterized by inertia and centrifugal force. Party polarization and divided government exacerbate gridlock at the federal level as President Obama faces Republican majorities in both houses of Congress. Policy activity has shifted outward to state legislatures and citizens, the federal and state executive branches, and the court system, creating a diverse set of alternative institutional pathways and outcomes. Some policies, like Medicaid and K-12 education, are largely shaped by federal-state executive branch negotiations, leading to individualized state programs. Other policies—such as marijuana, gun, and immigration laws—are made by state legislatures or citizens acting through the initiative process. Meanwhile, a series of court decisions has doubled the number of states where same-sex marriage is legal. In the current political context, American federalism is characterized by a substantial dispersion of power and a variety of pathways to policy-making.