ABSTRACT

Who checks and balances whom? The framers of the U.S. Constitution thought the states would check federal power, and sometimes they do. Take the idea of sanctuary states, for example. In the 19th century, some state (e.g. Illinois) tried to protect unions from federal union-busting efforts. More generally, though, the federal government needs to check the states—take such matters as civil rights, civil liberties and corruption. Corruption investigations are almost always conducted by federal rather than state authorities. No self-policing mechanisms exist in most states.