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Author: Erwin Chemerinsky
Publisher: Stanford University Press
ISBN: 0804763135
Category : Political Science
Languages : en
Pages : 312
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Book Description
Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.
Author: Erwin Chemerinsky
Publisher: Stanford University Press
ISBN: 0804763135
Category : Political Science
Languages : en
Pages : 312
Get Book Here
Book Description
Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.
Author: Michael J. Glennon
Publisher: Oxford University Press
ISBN: 0199355908
Category : Law
Languages : en
Pages : 433
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Book Description
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Author: Paul Nolette
Publisher: University Press of Kansas
ISBN: 0700620893
Category : Political Science
Languages : en
Pages : 296
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Book Description
“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.
Author: Vincent Ostrom
Publisher: University of Michigan Press
ISBN: 9780472084562
Category : Political Science
Languages : en
Pages : 358
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Book Description
Considers the social requirements for a thriving democracy
Author: Kenneth K. Wong
Publisher: IAP
ISBN: 1641131748
Category : Education
Languages : en
Pages : 263
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Book Description
Federalism has played a central role in charting educational progress in many countries. With an evolving balance between centralization and decentralization, federalism is designed to promote accountability standards without tempering regional and local preferences. Federalism facilitates negotiations both vertically between the central authority and local entities as well as horizontally among diverse interests. Innovative educational practices are often validated by a few local entities prior to scaling up to the national level. Because of the division of revenue sources between central authority and decentralized entities, federalism encourages a certain degree of fiscal competition at the local and regional level. The balance of centralization and decentralization also varies across institutional and policy domains, such as the legislative framework for education, drafting of curricula, benchmarking for accountability, accreditation, teacher training, and administrative responsibilities at the primary, secondary, and tertiary levels. Given these critical issues in federalism and education, this volume examines ongoing challenges and policy strategies in ten countries, namely Australia, Austria, Belgium, Canada, Germany, Italy, Spain, Switzerland, United Kingdom, and the United States. These chapters and the introductory overview aim to examine how countries with federal systems of government design, govern, finance, and assure quality in their educational systems spanning from early childhood to secondary school graduation. Particular attention is given to functional division between governmental layers of the federal system as well as mechanisms of intergovernmental cooperation both vertically and horizontally. The chapters aim to draw out comparative lessons and experiences in an area of great importance to not only federal countries but also countries that are emerging toward a federal system.
Author: Jamila Michener
Publisher: Cambridge University Press
ISBN: 1108245323
Category : Political Science
Languages : en
Pages : 239
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Book Description
Medicaid is the single largest public health insurer in the United States, covering upwards of 70 million Americans. Crucially, Medicaid is also an intergovernmental program that yokes poverty to federalism: the federal government determines its broad contours, while states have tremendous discretion over how Medicaid is designed and implemented. Where some locales are generous and open handed, others are tight-fisted and punitive. In Fragmented Democracy, Jamila Michener demonstrates the consequences of such disparities for democratic citizenship. Unpacking how federalism transforms Medicaid beneficiaries' interpretations of government and structures their participation in politics, the book examines American democracy from the vantage point(s) of those who are living in or near poverty, (disproportionately) Black or Latino, and reliant on a federated government for vital resources.
Author: Robert P. Inman
Publisher: Princeton University Press
ISBN: 0691202125
Category : Business & Economics
Languages : en
Pages : 448
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Book Description
Introduction -- Part I. The institutions of democratic federalism -- Economic federalism -- Cooperative federalism -- Democratic federalism : the national legislature -- Democratic federalism : the safeguards -- Part II. Encouraging the federal conversation -- FIST : having the federal dialogue -- Fiscal policy in the federal union -- Regulation in the federal union -- Part III. On becoming federal -- The European Union : federal governance at the crossroads -- Mandela's federal democracy : a fragile compact -- Epilogue.
Author: Robert A. Schapiro
Publisher: ReadHowYouWant.com
ISBN: 1459627059
Category : Political Science
Languages : en
Pages : 490
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Book Description
The relationship between the state and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting ''polyphony'' creates a system that is more efficient, democratic, and protective of liberties. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
Author: Karen Knop
Publisher: UBC Press
ISBN: 9780774805001
Category : Political Science
Languages : en
Pages : 370
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Book Description
!DOCTYPE html PUBLIC "-//IETF//DTD HTML 2.0//EN" meta name="generator" content="HTML Tidy, see www.w3.org" Federalism is at once a set of institutions -- the division of public authority between two or more constitutionally defined orders of government -- and a set of ideas which underpin such institutions. As an idea, federalism points us to issues such as shared and divided sovereignty, multiple loyalties and identities, and governance through multi-level institutions. Seen in this more complex way, federalism is deeply relevant to a wide range of issues facing contemporary societies. Global forces -- economic and social -- are forcing a rethinking of the role of the central state, with power and authority diffusing both downwards to local and state institutions and upwards to supranational bodies. Economic restructuring is altering relationships within countries, as well as the relationships of countries with each other. At a societal level, the recent growth of ethnic and regional nationalisms -- most dramatically in Eastern Europe and the former Soviet Union, but also in many other countries in western Europe and North America -- is forcing a rethinking of the relationship between state and nation, and of the meaning and content of 'citizenship.' Rethinking Federalism explores the power and relevance of federalism in the contemporary world, and provides a wide-ranging assessment of its strengths, weaknesses, and potential in a variety of contexts. Interdisciplinary in its approach, it brings together leading scholars from law, economics, sociology, and political science, many of whom draw on their own extensive involvement in the public policy process. Among the contributors, each writing with the authority of experience, are Tommaso Padoa-Schioppa and Jacques Pelkmans on the European Union, Paul Chartrand on Aboriginal rights, Samuel Beer on North American federalism, Alan Cairns on identity, and Vsevolod Vasiliev on citizenship after the breakup of the Soviet Union. The themes refracted through these different disciplines and political perspectives include nationalism, minority protection, representation, and economic integration. The message throughout this volume is that federalism is not enough -- rights protection and representation are also of fundamental importance in designing multi-level governments.
Author: Malcolm Feeley
Publisher: University of Michigan Press
ISBN: 0472024833
Category : Political Science
Languages : en
Pages : 242
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Book Description
Federalism is one of the most influential concepts in modern political discourse as well as the focus of immense controversy resulting from the lack of a single coherent definition. Malcolm M. Feeley and Edward Rubin expose the ambiguities of modern federalism, offering a powerful but generous treatise on the modern salience of the term. “Malcolm Feeley and Edward Rubin have published an excellent book.” —Sanford Levinson, University of Texas at Austin “At last, an insightful examination of federalism stripped of its romance. An absolutely splendid book, rigorous but still accessible.” —Larry Yackle, Boston University “Professors Feeley and Rubin clearly define what is and is not federal system. This book should be required for serious students of comparative government and American government.” —G. Ross Stephens, University of Missouri, Kansas City “Feeley and Rubin have written a brilliant book that looks at federalism from many different perspectives—historical, political, and constitutional. Significantly expanding on their earlier pathbreaking work, they have explained the need for a theory of federalism and provided one. This is a must read book for all who are interested in the Constitution.” —Erwin Chemerinsky, Duke University School of Law
