Federalism 3.0

Abstract

This Essay lays out a research agenda for federalism in the twenty-first century. I recognize the hubris in this, so let me hasten to add that what follows is a synthesis of hundreds of pages of law review articles. I will give a bird's eye view of the terrain I've already mapped and then describe the path we should take from here. What I write is very much in the spirit of Justice William Brennan, whose legacy is honored by these lectures. Like me, Justice Brennan was a nationalist who believed that states could play a central role in our democracy, a "double source" of protection. "Federalism," he wrote, "need not be a mean-spirited doctrine that serves only to limit the scope of human liberty."