Applying the Youngstown three-scenario model to federalism conflicts
Overview State officials would benefit from a clear analytical approach to combating the new presidential administration’s onslaught of executive orders. We propose adapting Justice Jackson’s concurrence in Youngstown Sheet & Tube Co. v. Sawyer as a model for evaluating how to deploy state power against attempts to impose policy by federal executive decree.[1] Youngstown was a horizontal separation-of-powers decision that analyzed federal executive action against congressional power; here we show how its framework applies equally well to vertical federalism conflicts between the federal executive and the states. Analysis A proposed model for approaching conflicts between states and the federal executive...