Can federalism save American liberalism?

For much of the twentieth century, progressives in America wanted to expand the Federal Government. They created regulation, bureaucracy, and agencies capable of managing a complex industrial society. And often state governments were the obstacles they had to flatten – that was most obviously true of the movement for racial equality: the Civil Rights Act of 1964 and the Voting Rights Act of 1965 empowered the Federal government to step in and override the racist laws and practices that state governments implemented or failed to prevent. The working assumption of liberal politicians was that rights should be equally protected everywhere – from women’s access to abortion, to criminal justice, to the right to vote – and that idea even justified Federal government action in areas like education, which were otherwise clearly the preserve of the states.

But today, things look different. The right is in control in Washington; maybe the states and state courts provide alternative pathways for liberals, in the way that they once were for conservatives? Can states not only resist federal power but also pioneer new forms of governance? Adam is joined by Emily Zackin, Associate Professor in the Political Science Department at Johns Hopkins and currently the Winant Professor of American Government at Oxford. And by Judge Daniel Korobkin, who sits on the Michigan Court of Appeals.

The Last Best Hope? is a podcast of the Rothermere American Institute at the University of Oxford and is kindly supported by Tom Amraoui. For details of our programming, go to rai.ox.ac.uk

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Producer: Emily Williams. Presenter: Adam Smith

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