ABSTRACT
This chapter explores the federalism implications of fighting terrorism with President Trump’s travel bans. In surveying the travel ban litigation, it finds that Democratic state attorney generals safeguard state interests through legal arguments that claim the president has limited authority under the Tenth Amendment or anti-commandeering precedents to declare the ban. Republican state attorney generals assert the president is empowered under Article II or by statute to act to protect national security. The legal divisions demonstrate that partisan politics is a growing characteristic of federalism disputes that involve the nation’s culture wars and increasingly affects the realm of foreign affairs.
