The Just Security Podcast

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Published: 2026-10-09T12:20:36.757Z • Permanent link

Erwin Chemerinsky, the Dean of the University of California, Irvine School of Law, and co-host of the Just Security Podcast, has been joined by Aziz Huq, a professor of law at Georgetown University Law Center, to discuss the powers that state and local governments can use to serve as a check against authoritarianism and federal overreach. This conversation takes place in the context of a growing concern about the limits of federal authority in the United States. Specifically, Chemerinsky and Huq are examining the role of state and local governments in safeguarding democratic institutions and promoting accountability in the face of federal overreach.

Chemerinsky and Huq are drawing on a range of examples, from the federal government's attempts to roll back the Affordable Care Act, also known as Obamacare, to the ongoing debate over the power of the federal government to regulate the nation's borders. They are also discussing the potential for state and local governments to resist the federal government's efforts to undermine democratic institutions, such as the independence of the judiciary and the integrity of the electoral process. For instance, Chemerinsky has highlighted the efforts of state and local governments to protect voting rights and ensure that all citizens have equal access to the ballot.

Huq has emphasized the importance of state and local governments in promoting accountability and transparency in government. He notes that these governments have the power to investigate and expose corruption, and to hold public officials accountable for their actions. For example, Huq has pointed to the efforts of state and local governments to investigate and expose the influence of money in politics, and to promote greater transparency in government decision-making. By highlighting the powers that state and local governments can use to serve as a check against authoritarianism and federal overreach, Chemerinsky and Huq are providing a much-needed framework for understanding the role of these governments in safeguarding democratic institutions.

The discussion between Chemerinsky and Huq has significant implications for the Legal & Policy domain. For instance, the potential for state and local governments to resist federal overreach could have major implications for the Affordable Care Act, which has been a major target of Republican efforts to roll back the law. By examining the powers that state and local governments can use to promote accountability and transparency in government, Chemerinsky and Huq are providing a framework for understanding the potential risks and opportunities associated with these efforts. Research communities, such as those focused on public policy and democratic governance, will be particularly interested in the implications of this discussion for their work.

The implications of this discussion are not limited to the realm of law and policy. Companies such as Google and Amazon have been actively engaging with state and local governments to promote the development of new technologies and to address pressing social and economic challenges. By examining the powers that state and local governments can use to serve as a check against authoritarianism and federal overreach, Chemerinsky and Huq are providing a framework for understanding the potential risks and opportunities associated with these efforts. In particular, the discussion highlights the importance of considering the potential impact of federal overreach on the ability of state and local governments to develop and implement innovative solutions to pressing social and economic challenges.

The discussion between Chemerinsky and Huq takes place within a larger pattern of debate about the role of state and local governments in safeguarding democratic institutions. This debate has been ongoing for several decades, and has involved a range of different approaches and perspectives. On one hand, there are those who argue that state and local governments are essential for promoting democratic accountability and transparency in government. These individuals argue that state and local governments have the power to investigate and expose corruption, and to hold public officials accountable for their actions.