Recently some have questioned why the State of Indiana has brought lawsuits against our federal government. While this litigation is adversarial by nature, it is a necessary part of our constitutional process.
What distinguishes the U.S. Constitution from the constitutions of other nations is dual sovereignty. While most nations have a single sovereign in a national government, in the U.S. we have both federal and state government under our system of federalism, each with its own constitutional authority. This unique feature is part of the careful system of checks and balances created in the Constitution.
Legal challenges filed in court are an important method of preserving federalism, meaning a proper balance between the roles of federal and state governments. When the federal government overreaches and exceeds its authority, and in so doing injures a state government, that state can challenge those actions and seek review by the courts.
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