Considerations on the state of US federalism at the end of the Biden presidency
DOI:
https://doi.org/10.57660/dpceonline.2024.2343Abstract
The status of American federalism in the second half of the Biden Presidency has been heavily influenced by the persistent polarization of the political party system and of the political arena. After the Republican Party won a narrow majority in the House of Representatives at the midterm election of 2022, the new phase of divided government promoted conflictual dynamics between the branches of the Federal Government, blocking or in any case hindering the legislative activity of the central government (except in areas of policy vital for National security and for ensuring the operational continuity of government agencies. At the same time, the evolution of the federal system has been marked by a significant exacerbation of political and institutional conflicts between the Federal government and the States, as well as between states governed by different parties, legitimizing the use of the term “culture war” for defining the current state of horizontal federal relations.
Keywords: Political questions; Constitutional adjudication; Juristocracy; Judicial activism; Judicial restraint
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