Sample Law Paper on Federalism: The Clash between federal and state government Trump v California

Liptak (2018) precisely identified the major contentions that the state of California has
with President Trump administration. The news article brings out the differences between
Democrats and Republicans. The article identified three main distinct issues: emissions,
immigration, and land use. One of President Trump’s election promises was stringent
immigration policy and laws. The president deemed illegal immigrants as dangerous and even
contemplated repealing DACA. The state of California has vehemently fought the White House
mainly to protect illegal immigrants. Secondly, the news article revealed how the state is in a fire
with Trump’s administration regarding the sale or use of federal lands. Under the Constitution,
the state ceded its land to the federal government. Thirdly, the state is furiously engaged in court
battles with the United States Environmental Protection Agency because of its emissions
waivers. Judging from the various opinions given by legal scholars in the news article, it appears
that the problem will continue to persist because of hard-line political party positions on these
issues.
Regarding the second question, state and federal governments or both should exercise
authority depending on the resultant impact of a particular issue on the nation at large (Williams,
2012). First, I think that the US EPA should work together in tackling emissions. It is becoming
clear that climate change is a real problem. Since the state government controls most of the
manufacturing plants or industries in their jurisdictions, they should liaise with the EPA on
developing appropriate measures or programs to reduce the damage (Williams, 2012. Also, both

levels of government need to deal with the issue of immigration because of their impact.
Unmanaged population stretched public amenities, which are funded by Congress, and in such a
case, the federal government should take charge in terms of policies and laws. Still, the execution
of the law should be done by the state government. Lastly, the Constitution is clear on federal
and state land use. Each level should use or dispose of any land within its purview.

Liptak, A. (2018). Trump v. California: The Biggest Legal Clashes. The New York Times.
Retrieved from https://www.nytimes.com/2018/04/05/us/politics/trump-california-
lawsuits.html

Williams, R. C., (2012). "Growing state-federal conflicts in environmental policy: The role of
market-based regulation," Journal of Public Economics, Elsevier, vol. 96(11), pages
1092-1099. (DOI): 10.3386/w16184