Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers 1-1-2020 Identity Federalism in Europe and the United States Vlad F. Perju Boston College Law School,
[email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Comparative Politics Commons, Constitutional Law Commons, Law and Politics Commons, and the Political Theory Commons Recommended Citation Vlad F. Perju. "Identity Federalism in Europe and the United States." Vanderbilt Journal of Transnational Law 53, no.1 (2020): 207-273. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. Identity Federalism in Europe and the United States Vlad Perju ABSTRACT The turn to identity is reshaping federalism. Opposition to the policies of the Trump administration, from the travel ban to sanctuary cities and the rollback of environmental protections, has led progressives to explore more fluid and contingent forms of state identity. Conservatives too have sought to shift federalism away from the jurisdictional focus on limited and enumerated powers and have argued for a revival of the political safeguards of federalism, including state-based identities. This Article draws on comparative law to study identity as a political safeguard of federalism and its transformation from constitutional discourse to interpretative processes and, eventually, constitutional doctrine. The experience of the European Union, where identity federalism also benefits from a textual anchor, reveals some of the complexities of this process.