Okay, time for Political Science 101 to address some clear-cut bullying tactics going on in California, specifically Los Angeles. Like a human heart, American democracy depends daily on several interacting parts. One of the most critical is called federalism. Simplified, the term simply means that the U.S. government daily operates through a system of rules for the federal government alone, the state governments alone, and local governments (city, county, parish, etc.), plus rules governing their constant interaction. They are not supposed to tread on each others’ turf unless there is no other option available or permission has been granted to do so.
A typical introductory lecture on the subject, summarized, would be: The U.S. Constitution creates a system of “dual sovereignty” in government such that both the federal government and the states have the power to make appropriate laws necessary to govern in their specific areas of responsibility.
The U.S. grants specific powers to the federal government, such as regulating interstate commerce and declaring war with other countries. The 10th amendment to the Constitution reserves to the states any powers not explicitly delegated to the federal government, nor any powers specifically prohibited to the states (called the Reserve Clause). There are also delegated or express powers of each branch of government, and both inherent and implied powers dependent on federal court interpretation of the Constitution.
For example, Article VI of the Constitution, called the Supremacy Clause, establishes the Constitution, federal laws, and treaties as the supreme law of the land, meaning in general, that federal law takes precedence over conflicting state laws.
The initial model of federalism, Dual Federalism (also called “layer-cake” federalism), emphasized a clear division between federal and state responsibilities, but in modern times, the U.S. depends on Cooperative Federalism (“marble-cake” federalism). In Cooperative Federalism, the federal and state governments are expected to work together to address national issues and implement programs.
In summary, the basic ingredients of U.S. federalism today include the constitutional division of power between the federal and state governments, a system of dual sovereignty, the supremacy of federal law, and an ongoing dynamic of cooperation and negotiation between the two levels of government.
Federalism is essentially regulated in the U.S. through the Tenth Amendment of the Constitution, which provides that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Trump administration is constantly attempting to go back to the view that federalism depends totally on what the federal government wants to do and what it directs all other branches of government to do (the Supremacy Clause–the federal government is Supreme). To Mr. Trump, federalism simply means that the President is in charge of the government, period. That view, not widely shared outside the White House, is under constant assault. One prominent example is currently occurring in California. A lot of us, including yours truly, were in the state the last time U.S. soldiers took over the streets of Los Angeles during the 1992 Rodney King riots. After months of virtually round-the-clock showing of the video of L.A. P.D. officers (“beating the hell out of Rodney King,” as one newsman reported it), the trial of four of those officers resulted in an acquittal of the police officers, and all hell broke loose in the streets. The level of rioting, vandalism, and property violence which erupted in Los Angeles was beyond the capacity of city, county and state forces to immediately contain. Thus, with the consent of California city, state and local government, the U.S. government federalized the State National Guard and deployed them to quell the disturbance.
What is missing in the current (2025) situation involving the Los Angeles protests, including crowds taking over public streets, highways and city blocks, is the absence of California government’s acquiescence or request for the federal government to aid state and local law enforcement. The Trump administration has acted on its own, federalizing the California National Guard and even mobilizing federal troops directly to invade Los Angeles streets.
The Trumpsters are forcing help for a situation (undue meddling, according to some) that local and state authorities say they don’t need, and can handle themselves. But contemporary federalism in the United States does not require the consent of state officials before federal troops are ordered into a state situation in all circumstances. Based on the federal Insurrection Act, which allows for the deployment of federal troops to quell domestic disturbances, which can be invoked at the request of a state’s legislature or governor, the POTUS can deploy federal troops without state consent under specific conditions. Trump did so.
As usual, there is an immediate legal conflict. Gov. Newsom, the city and county of Los Angeles, and other entities have filed suit against the Trump administration for what the Californians say is a federal government invasion of the state, which is unconstitutional.
How this works out in federal court will transform the immediate future of how federalism works in the U.S. Pay attention. We, and our children, are witnessing the evolution of modern American democracy, or its current demise.
Professor David L. Horne is founder and executive director of PAPPEI, the Pan African Public Policy and Ethical Institute, which is a new 501(c)(3) pending community-based organization or non-governmental organization (NGO). It is the stepparent organization for the California Black Think Tank which still operates and which meets every fourth Friday.