Can federalism save American liberalism?

Can federalism save American liberalism?

February 18, 2026 · 40 min · Season 15 · Episode 2

About this episode

The episode discusses the potential of federalism to support American liberalism in the current political landscape.

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…

People in this episode

Host: Adam Smith

Guests: Emily Zackin, Judge Daniel Korobkin

Topics covered

Keywords

Mentioned in this episode

Organizations: Johns Hopkins, University of Oxford, Michigan Court of Appeals

Books & works: Civil Rights Act of 1964, Voting Rights Act of 1965

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