What If California Had a Foreign Policy? The New Frontier of States’ Rights

March 22, 2018

by David Freeman Engstrom and Jeremy M. Weinstein

 

 

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A range of new efforts on issues such as climate change, human rights and immigration by actors like California are testing the legal limits of federal power in foreign affairs. How much latitude will the courts ultimately grant to the states? Policymakers, on both sides of the aisle, would be wise to get ahead of the courts and think strategically about the benefits and risks of an evolution in legal thinking about federalism’s boundaries.