Horizontal federalism

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Horizontal federalism is a term that refers to the relationships between states or provinces under a federal government. Discussions of horizontal federalism usually relate to the effects of state actions on other states and whether limits on state powers are necessary to prevent state actions from infringing on the autonomy of other states.[1]

Background

Law professor Allan Erbsen described horizontal federalism as an attempt "to coordinate fifty coequal states that must peaceably coexist."[1] Erbsen argues that questions involving horizontal federalism reach policies such as personal jurisdiction, restraints on interstate commerce, interstate compacts, federal common law, tax apportionment, and discrimination based on state citizenship.[1]

Article IV of the United States Constitution sets rules for the relations between states, sometimes referred to as setting the terms of horizontal federalism.[2] The U.S. Constitution requires every state to respect every other state's laws and institutions, including statutes, public records, and court decisions.[2]

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