2026/01/01 by Jacob Hamburger
Social Sciences · #Political Systems and Governance #Commonwealth, Australian Politics and Federalism #Local Government Finance and Decentralization
paper · doi:10.1093/publius/pjag010
Abstract A distinctive feature of the second Trump administration has been its use of extortion tactics to force compliance with its political agenda. In its dealings with universities, law firms, and media outlets, a new mode of governance has emerged. By threatening to cut funds, withhold regulatory approval, or initiate civil or criminal enforcement, the government aims to pressure its targets into bilateral “deals” on the administration’s terms, and to induce others to follow suit. This article examines how this approach has shaped intergovernmental relations, producing “federalism by extortion.” Although transactional dealmaking is not new to US federalism, constitutional principles limit the federal government’s ability to coerce state and local action. In theory, these doctrines offer sub-federal governments stronger protections from extortion than private entities. Yet the administration and its congressional allies have repeatedly raised the cost of noncompliance, revealing a political economy in which federalism’s safeguards appear weaker than assumed.