Skip to content
Search

Latest Stories

Top Stories

To Stand Up for Constitutional Democracy, It’s Time for State Officials To Take Drastic Action

Opinion

American flag, megaphone

In confronting the Trump administration's discriminatory treatment toward specific states, all of us need to be inventive and courageous.

Photo by Mikhail Nilov/pexels.com

Sometimes, it turns out that two wrongs do make a right. In politics, a steadfast commitment to doing the morally right thing disadvantages the victims of lawlessness and injustice.

The famous Italian political thinker, Niccolo Machiavelli, captured this political imperative in 1532, when he explained that “a man who wants to act virtuously in every way necessarily comes to grief among so many who are not virtuous. Therefore, if a Prince wants to maintain his rule, he must be prepared not to be virtuous, and to make use of this or not according to need.”


Public officials in blue states who are experiencing the effects of the Trump administration’s cavalier attitude toward the law are beginning to learn Machiavelli’s lesson. On June 29, NBC News reported that “Democratic legislators…are attempting to fight back against President Donald Trump’s efforts to withhold funding from their states with bills that aim to give the federal government a taste of its own medicine.”

“The novel and untested approach,” NBC went on, “would essentially allow states to withhold federal payments if lawmakers determine the federal government is delinquent in funding owed to them.”

Whether this ploy would pass constitutional muster remains to be seen. But, in the meantime, it offers states, that the Trump administration wants to punish, a way to fight back.

They should not miss this opportunity to assert state sovereignty and protect the residents of blue states from the wrath of a president who sees himself as the president of the Red States of America. His first-term record made that abundantly clear.

As the Atlantic’s Ronald Brownstein put it, “During his term in the White House, Donald Trump governed as a wartime president—with blue America, rather than any foreign country, as the adversary. He sought to use national authority to achieve factional ends—to impose the priorities of red America onto Democratic-leaning states and cities.”

Nothing has changed since the president began his second term. In fact, he has doubled down on his attacks on Democratic governors and mayors who lead places that he did not carry in November 2024.

California is a prime example. During January’s wildfires that ravaged parts of Los Angeles, the president took every opportunity to blast Governor Gavin Newsom and Mayor Karen Bass.

When he did act, he used the LA fires as an excuse to direct federal aid, not to the city, but to parts of California where he has political allies. The president “ordered federal agencies to immediately deliver more water—not to Southern California, but to the Central Valley hundreds of miles away, where agribusiness stands to profit.”

In response to demonstrations against his aggressive and indiscriminate deportation policy, Trump deployed the National Guard and a contingent of Marines in Los Angeles. He ignored the objections of Newsom and Bass and blamed them for what he called rampant lawlessness.

Following the agenda of the misbegotten Department of Government Efficiency, the administration, acting without Congressional authority, froze funds due to be paid by the federal government to states and took other punitive actions, seeming to again target blue states and cities. And where such actions were applied across the board, it is clear that they would have a disproportionate impact in blue states.

Examples include the closure of Department of Health and Human Services offices in Boston, Chicago, New York City, San Francisco, and Seattle. See any pattern here?

New York, Vermont, and California have also been singled out by the president for their efforts to mitigate climate change. In an executive order issued in April, he claimed, “These State laws and policies weaken our national security and devastate Americans by driving up energy costs for families coast-to-coast, despite some of these families not living or voting in States with these crippling policies.”

He offered no evidence to support those assertions.

Nonetheless, he recited a list of blue state trigger words and directed Attorney General Pam Bondi to “prioritize the identification of any such State laws purporting to address ‘climate change’ or involving ‘environmental, social, and governance’ initiatives, ‘environmental justice,’ carbon or ‘greenhouse gas’ emissions, and funds to collect carbon penalties or carbon taxes…[and to] expeditiously take all appropriate action to stop the enforcement of State laws.”

Until now, litigation has been the primary tool states have used to fight such discriminatory treatment.

However, as NBC News notes, legislators in places like Connecticut, Maryland, and New York are trying to open up a new way of responding. They have introduced bills to allow their states to respond by holding back payments to the federal government when the Trump administration “illegally withholds money from them for things like health care, food assistance, and environmental protections.”

This is the political equivalent of fighting fire with fire. Machiavelli would be proud.

NBC quotes David Moon, the Democratic majority leader in Maryland’s House of Delegates, who observed, “Trump is illegally withholding funds that have been previously approved. Without these funds, we are going to see Maryland residents severely harmed—we needed more options on the table for how Maryland could respond and protect its residents.”

As former Judge Nancy Gertner and two of her co-authors explain, “Federal taxes are largely collected by employers. In Massachusetts and California, the state is a major employer and could refuse to send tax dollars to the federal government. They also could mandate their local municipalities to follow suit.”

From time to time, states have invoked “states’ rights” to justify non-compliance with federal policies. But what Rep. Moon is describing is not that.

He simply wants the federal government to do what it is legally obliged to do and to recognize that it has an obligation to treat states equally unless it can demonstrate that it has a good reason not to. Partisan disagreements or political retribution are not one of them.

And we know that in terms of net revenue flows, residents and businesses in states like Massachusetts, New Jersey, Washington, and California pay more to the federal government through taxes than they receive in benefits and payments from Washington, D.C.

Withholding funds from the federal government is not a step to be taken lightly. Such efforts would surely be challenged in court and in the court of public opinion by the Trump administration.

They would tell judges that “the U.S. Constitution’s supremacy clause clearly gives the federal government precedence over states.” And they would tell the public that by withholding funds, blue states are engaging in lawless behavior.

Gertner and her colleagues caution that “a blue state boycott of federal taxes would be unlawful just as are many of Trump’s shakedowns.” That statement frames the problem.

As one after another of the guardrails and restraints on the administration fall by the wayside, its political opponents will almost certainly be the victims of more and more shakedowns. Remember Machiavelli.

In confronting and resisting the Trump administration, all of us, state government officials included, need to be inventive and courageous. Withholding funds from the federal government is one example of such inventiveness and courage.

It is well worth doing, even if it means following the advice of a sixteenth-century political strategist.

Austin Sarat is the William Nelson Cromwell professor of jurisprudence and political science at Amherst College.

Read More

​Chinese President Xi Jinping (L) and U.S. President Donald Trump followed by Chinese first lady Peng Liyuan and U.S. first lady Melania Trump arrive for a state dinner at the White House.

Chinese President Xi Jinping (L) and U.S. President Donald Trump followed by Chinese first lady Peng Liyuan and U.S. first lady Melania Trump arrive for a state dinner in the East Room of the White House on September 24, 2026 in Washington, DC.

Kevin Dietsch/Getty Images

When Leaders Disagree, Ceremony Plays an Important Role

When Chinese President Xi Jinping arrived at the White House on 24 September, the U.S. welcomed him with an elaborate display of ceremony. The Army Herald Trumpets sounded a fanfare, the Chinese and American national anthems were played, and the Old Guard Fife and Drum Corps performed. A military review was followed by a flyover involving a B-2 bomber and four F-22 fighter jets, according to the White House. It was an extraordinary production for two countries that still disagree on some of the most important issues in international politics.

Talks between President Donald Trump and Xi touched on trade, artificial intelligence and Taiwan. The visit was marked by warm words and some signs of cooperation, but it did not erase the fundamental competition between the United States and China. So why was all this ceremony staged? It is tempting to dismiss political pomp as mere window dressing: an expensive historical relic surrounding the serious business taking place behind closed doors. As a music historian, however, I think this misunderstands what ceremony does. Ceremony can become particularly valuable when words alone are not enough.

Keep ReadingShow less
A ​fire burns and destroys the city hall  in Limoges, central France.

A fire burns and destroys the city hall after a group of individuals forced entry into the building during ongoing protest action against the "high cost of living," in Limoges, central France on Oct. 17, 2026.

Pascal Lachenaud/AFP/Getty Images/Tribune

What Americans can learn from the French protests

On Monday, France’s Interior Minister Laurent Nuñez admitted that police have “lost control” as some cities continue to see massive waves of looting and mayhem. Social media brims with images of stores being ransacked, cars burning, and mask-wearing goons running wild. In Limoges, the beautiful Hôtel de Ville was burnt to the ground.

But the chaos, as is so often the case, began peacefully. And many supporters and leaders of the protests have condemned the violence. I think that violence has more to do with France’s miserable record of assimilating immigrants from North Africa and the Middle East than with budget cuts. Call me cynical, but I don’t believe the goons pillaging Louis Vuitton stores are planning to resell the handbags to buy better school supplies or to bolster their teachers’ salaries.

Keep ReadingShow less
Hands raised in the air, holding each other.​

America’s polarization has closed us off to each other’s humanity. The Golden Rule and the churches may be the way back to common ground.

Getty Images, PeopleImages

Land of the Free, Home of the Brave? How Trump Is Destroying America's Soul

The recent actions by both some Jewish leaders and pro-Palestinian activists against NY mayor Zohran Mamdani are an example of just how far our nation has come from our ideals under the presidency of Donald Trump.

Even with Mamdani's consistent pro-Palestinian statements, he was called a "coward" and a "sellout" because he stood with the Jewish community in remembering the October 7 Hamas attack. Jewish leaders condemned him for his criticism of Israel and Palestinian sympathies expressed in the same breath as remembrance of the attack. But Mamdani understands the connection between the treatment by Israel of Palestinians and Palestinian treatment of Israel.

Keep ReadingShow less
U.S. President Donald Trump greets Russian President Vladimir Putin in front of a landed airplane.

U.S. President Donald Trump (R) greets Russian President Vladimir Putin as he arrives at Joint Base Elmendorf-Richardson on August 15, 2025 in Anchorage, Alaska.

Andrew Harnik/Getty Images

What Would Putin’s Puppet Do Differently?

This winter, Russia plans to freeze Ukraine into submission. According to an intercepted Russian plan, Moscow intends to use hundreds of ballistic missiles, long-range drones, and glide bombs to strike Kyiv, Kharkiv, and Odesa with such intensity that they are cut off from power, heat, and water, slashing electricity and heat by up to 90 percent and crippling sewage systems. Russia hopes that with an energy system so thoroughly destroyed, millions of Ukrainian citizens would become so cold, sick, and desperate that their country might just surrender. Deliberately attacking the heat and water of civilians is a war crime, but Moscow thinks it can get away with it. Ukraine is running short on the Patriot interceptors it needs to stop ballistic missiles, and Putin is betting Trump will continue to betray Ukraine. It’s looking like a safe bet.

Trump shows no evidence to the contrary. On October 9, he got off a call with the Russian president and then immediately lifted U.S. sanctions on Russian diesel. The next day, after Russian strikes killed at least 17 people in Zaporizhzhia, Trump announced it was “time for Ukraine to get a new president.” Days later, the American-controlled satellite network Ukraine’s military depends on was throttled without warning, knocking out service to the drones Ukraine uses to chase down Russian attack drones. Trump denied giving the order, but The Telegraph reported that Musk pitched the idea and Trump agreed.

Keep ReadingShow less