The States Are Fighting Back—But They Must Go Further

Why Radical Federalism is the Only Viable Path Forward

For most of modern history, states’ rights have been wielded as a shield for reactionary policies, invoked to resist progress rather than to assert meaningful autonomy. But today, the survival of democratic governance itself may depend on state sovereignty.

As the federal government consolidates power at an unprecedented pace, states have become the last line of defense against an executive branch that ignores the courts, a legislature that refuses to check power, and federal agencies that now serve the administration’s will rather than the public good.

Democratic-led states have begun to resist—filing lawsuits, passing protective legislation, and forming regional alliances. But they are still playing defense, operating under assumptions that no longer hold:

• That the courts will remain neutral and enforce the law.

• That federal funding will not be weaponized against them.

• That Congress still holds any meaningful authority over the executive branch.

That assumption is collapsing.

• Federal agencies are openly ignoring court rulings.

• Funding is being used as a weapon to threaten noncompliant states.

• Executive orders are bypassing the legislative process entirely.

If states fail to act strategically and forcefully, they will find themselves cornered when federal overreach escalates into full-scale consolidation of power. The time to act is now—before resistance becomes impossible.

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What States Are Doing Right Now

Governors and state legislatures are not standing idle. Many have already taken meaningful steps, including:

1. Legal Challenges Against Federal Overreach

Lawsuits have been the first line of defense, challenging federal encroachments on state autonomy.

• Twenty-two state attorneys general have sued to block a $3 trillion federal funding freeze that disproportionately punishes opposition states.

• Multiple lawsuits have been filed against unconstitutional executive orders that bypass Congress.

• Nineteen states are suing to prevent mass federal data collection, citing privacy violations and executive overreach.

• States are mounting legal challenges against federal rollbacks on environmental protections, immigration policies, and labor rights.

Why It’s Not Enough:

• Courts move too slowly to prevent damage before it happens.

• The executive branch has signaled it may ignore unfavorable rulings.

Lawsuits alone will not save the states—they must reinforce legal challenges with real-world noncompliance.

2. Strengthening State-Level Autonomy

Some states are taking preemptive action, codifying protections to prevent federal overreach before it happens.

• California has allocated $50 million for legal battles against unconstitutional federal mandates.

• Illinois has expanded legal protections for immigrants, defying federal efforts to criminalize sanctuary states.

• New York’s Empire State Freedom Initiative is proactively identifying federal threats and enacting defensive policies.

• The West Coast Climate Alliance is advancing independent environmental policies, ignoring federal rollbacks.

Why It’s Not Enough:

• States must be prepared for federal retaliation, whether through funding cuts, legal intimidation, or federal agency interventions.

3. Regional Economic Independence & Multi-State Alliances

Some states are beginning to detach from federal economic control, insulating their budgets from Washington’s financial threats.

• West Coast states (California, Oregon, Washington, Nevada) are forming an economic bloc, ensuring infrastructure and energy projects remain funded without federal interference.

• Midwestern states (Illinois, Michigan, Minnesota, Wisconsin) are launching independent regional investment funds to finance major projects without Washington’s involvement.

• California and New York are exploring state-controlled financial mechanisms to further reduce reliance on federal grants.

Why It’s Not Enough:

• These initiatives must be formalized into binding agreements so they cannot be easily dismantled by future state administrations.

4. Sanctuary State Policies & Immigration Resistance

As federal crackdowns on immigration escalate, states are taking proactive steps to shield their residents.

• Illinois, Massachusetts, and California have reaffirmed sanctuary policies, preparing legal challenges if the federal government attempts to retaliate.

• New York has expanded legal aid for immigrants, allocating state resources to fight federal deportation orders.

• California has launched a $25 million fund for immigrant legal defense, shielding residents from federal crackdowns.

Why It’s Not Enough:

• States must refuse cooperation at all levels, including barring local law enforcement from acting as extensions of federal immigration authorities.

5. Digital Sovereignty & Cybersecurity Measures

As federal surveillance expands, states are moving to control their own digital security and prevent federal overreach into state data.

• California is establishing a state-run cybersecurity center to prevent unauthorized federal access to state databases.

• Washington state has passed data privacy laws restricting federal agencies from extracting resident data without state approval.

• Several states are developing independent data encryption policies to shield residents from federal tracking.

Why It’s Not Enough:

• States must develop independent digital infrastructure—from state-owned cloud storage to local ISPs that prevent backdoor federal surveillance.

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What States Still Aren’t Doing—And Must Start Immediately

While these actions matter, they are not enough.

Most states are still operating under outdated assumptions—believing that:

• Courts will hold the line

• Funding threats are empty

• Federal agencies will obey legal boundaries

This is a dangerous mistake.

1. Cut Economic Dependence on Washington

Financial leverage is the federal government’s greatest weapon. States must neutralize it by:

• Establishing state-run public banks to remove reliance on federally controlled financial systems.

• Launching regional trade and investment pacts, ensuring economic cooperation between states without federal oversight.

• Developing alternative taxation models that keep states financially solvent even if federal funds are slashed.

2. Expand Legal Noncompliance

States must refuse to comply with unconstitutional federal mandates. That means:

• Passing explicit state laws prohibiting compliance with unlawful executive actions.

• Amending state constitutions to enshrine protections against federal overreach in critical areas (civil liberties, environmental protections, labor rights).

• Creating parallel legal structures that allow state courts to serve as backstops if the federal judiciary is compromised.

3. Form a Multi-State Compact with Real Teeth

Informal alliances are not enough. States must create a legally binding agreement that:

• Commits multiple states to act in unison if the federal government escalates its crackdown.

• Establishes shared financial reserves, ensuring financial stability if Washington retaliates with funding cuts.

• Creates an interstate legal defense pact, where a lawsuit against one state triggers a coordinated response from all member states.

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Radical Federalism is No Longer an Option—It’s a Necessity

The next stage of federal overreach won’t just be lawsuits and policy battles. It will be financial warfare, enforcement crackdowns, and outright defunding of resistant states.

States that fail to act now will find themselves with no choice but compliance when the federal government escalates its crackdown.

States that prepare now will be the last free governments standing.

The time for playing defense is over.
The time for Radical Federalism is now.