The Once and Future Challenges of American Federalism PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Once and Future Challenges of American Federalism PDF full book. Access full book title The Once and Future Challenges of American Federalism by Erin Ryan. Download full books in PDF and EPUB format.
Author: Erin Ryan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This essay is drawn from a lecture for the “Ways of Federalism” conference (University of the Basque Country, October 19, 2011) and a new book, "Federalism and the Tug of War Within" (Oxford, 2012) (http://ssrn.com/abstract=1991612), which explores how constitutional interpreters struggle to reconcile the core tensions within American federalism. The essay reviews the current challenges of the American federal system through the theoretical lens developed in the book, focusing on the role of state-federal bargaining within the U.S. federal system. It appears as a chapter in a book of selected conference proceedings, The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain (Springer, 2013). "Federalism and the Tug of War Within" traces American federalism's internal struggle through history and into the present, critiquing the Rehnquist Court and Tea Party's embrace of greater jurisdictional separation, the limits of New Federalism and Cooperative Federalism approaches, and the growing disjuncture between federalism theory and practice in the United States. In response to the ongoing challenges for American federalism posed by constitutional design, the book outlines a theory of Balanced Federalism, which mediates the core tensions of American federalism on three separate planes: (1) fostering balance among the competing federalism values, (2) leveraging the functional capacities of all three branches of government in interpreting federalism, and (3) maximizing the wisdom of both state and federal actors in so doing. The essay introduces the book's overarching themes and explores one part of it in detail -- the role of well-crafted intergovernmental bargaining in helping to navigate these core tensions.
Author: Erin Ryan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This essay is drawn from a lecture for the “Ways of Federalism” conference (University of the Basque Country, October 19, 2011) and a new book, "Federalism and the Tug of War Within" (Oxford, 2012) (http://ssrn.com/abstract=1991612), which explores how constitutional interpreters struggle to reconcile the core tensions within American federalism. The essay reviews the current challenges of the American federal system through the theoretical lens developed in the book, focusing on the role of state-federal bargaining within the U.S. federal system. It appears as a chapter in a book of selected conference proceedings, The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain (Springer, 2013). "Federalism and the Tug of War Within" traces American federalism's internal struggle through history and into the present, critiquing the Rehnquist Court and Tea Party's embrace of greater jurisdictional separation, the limits of New Federalism and Cooperative Federalism approaches, and the growing disjuncture between federalism theory and practice in the United States. In response to the ongoing challenges for American federalism posed by constitutional design, the book outlines a theory of Balanced Federalism, which mediates the core tensions of American federalism on three separate planes: (1) fostering balance among the competing federalism values, (2) leveraging the functional capacities of all three branches of government in interpreting federalism, and (3) maximizing the wisdom of both state and federal actors in so doing. The essay introduces the book's overarching themes and explores one part of it in detail -- the role of well-crafted intergovernmental bargaining in helping to navigate these core tensions.
Author: Nelson A. Rockefeller
Publisher:
ISBN: 9781104847333
Category : Political Science
Languages : en
Pages : 110
Get Book Here
Book Description
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Author: David Brian Robertson
Publisher: Routledge
ISBN: 1136974296
Category : History
Languages : en
Pages : 351
Get Book Here
Book Description
Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.
Author: Erin Ryan
Publisher: Oxford University Press, USA
ISBN: 0199737983
Category : Law
Languages : en
Pages : 429
Get Book Here
Book Description
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Author: Donald F. Kettl
Publisher: Princeton University Press
ISBN: 0691234175
Category : Political Science
Languages : en
Pages : 248
Get Book Here
Book Description
"As James Madison led America's effort to write its Constitution, he made two great inventions-the separation of powers and federalism. The first is more famous, but the second was most essential because, without federalism, there could have been no United States of America. Federalism has always been about setting the balance of power between the federal government and the states-and that's revolved around deciding just how much inequality the country was prepared to accept in exchange for making piece among often-warring states. Through the course of its history, the country has moved through a series of phases, some of which put more power into the hands of the federal government, and some rested more power in the states. Sometimes this rebalancing led to armed conflict. The Civil War, of course, almost split the nation permanently apart. And sometimes it led to political battles. By the end of the 1960s, however, the country seemed to have settled into a quiet agreement that inequality was a prime national concern, that the federal government had the responsibility for addressing it through its own policies, and that the states would serve as administrative agents of that policy. But as that agreement seemed set, federalism drifted from national debate, just as the states began using their administrative role to push in very different directions. The result has been a rising tide of inequality, with the great invention that helped create the nation increasingly driving it apart"--
Author: Alan Weil
Publisher: The Urban Insitute
ISBN: 9780877667162
Category : Business & Economics
Languages : en
Pages : 448
Get Book Here
Book Description
The balance between state and federal health care financing for low-income people has been a matter of considerable debate for the last 40 years. Some argue for a greater federal role, others for more devolution of responsibility to the states. Medicaid, the backbone of the system, has been plagued by an array of problems that have made it unpopular and difficult to use to extend health care coverage. In recent years, waivers have given the states the flexibility to change many features of their Medicaid programs; moreover, the states have considerable flexibility to in establishing State Children's Health Insurance Programs. This book examines the record on the changing health safety net. How well have states done in providing acute and long-term care services to low-income populations? How have they responded to financial incentives and federal regulatory requirements? How innovative have they been? Contributing authors include Donald J. Boyd, Randall R. Bovbjerg, Teresa A. Coughlin, Ian Hill, Michael Housman, Robert E. Hurley, Marilyn Moon, Mary Beth Pohl, Jane Tilly, and Stephen Zuckerman.
Author: Alberto López - Basaguren
Publisher: Springer Science & Business Media
ISBN: 3642277209
Category : Law
Languages : en
Pages : 662
Get Book Here
Book Description
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This first volume analyses the challenges facing federal systems in the age of globalisation from a global perspective. It also addresses current questions and the challenges faced today by, in the sphere of the internal division of powers, the most significant ‘western’ federal systems, on the one hand, and the Spanish system of territorial autonomy, on the other.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 455
Get Book Here
Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Christopher P. Banks
Publisher: Routledge
ISBN: 1351713388
Category : Law
Languages : en
Pages : 371
Get Book Here
Book Description
This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.
Author: Mark J. Rozell
Publisher: Oxford University Press, USA
ISBN: 0190900059
Category : Political Science
Languages : en
Pages : 160
Get Book Here
Book Description
Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.