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The state of American federalism is characterized by polarization and punitiveness. As in previous years, political polarization continues to shape intergovernmental relations. But we also identify punitiveness as an increasingly prevalent aspect of vertical power sharing. Punitive federalism describes the national government’s use of threats and punishment to suppress state and local actions that run contrary to its policy preferences. In this Annual Review of American Federalism overview article, we introduce the concept of punitive federalism and discuss its application to contemporary public policy. We also highlight federalism implications concerning the COVID-19 pandemic; discuss recent policy developments concerning the environment, gender identity, health care, immigration, reproductive choice, and sexual orientation; and review recent Supreme Court decisions that impact intergovernmental relations.

The State of American Federalism 2019–2020: Polarized and Punitive Intergovernmental Relations