How the Constitution’s federalist framework is being tested by COVID-19

By Jennifer Selin

As all 50 states start to reopen their economies, government officials face questions about their response to the coronavirus pandemic. While a vast majority of discourse focuses on the important health consequences resulting from variation in state restrictions, conflicting policies across the country highlight some key constitutional issues that remain unresolved as we move forward in this crisis.

The COVID-19 pandemic brought increasing attention to our federalist form of government. The traditional story of federalism recognizes that the national government can make policy in some areas, while the states reserve the right to regulate in other areas. However,