Rethinking Federalism

Rethinking Federalism PDF

Author: Karen Knop

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 366

ISBN-13: 0774842687

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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.

Rethinking Federalism

Rethinking Federalism PDF

Author: Claude E. Barfield

Publisher: AEI Studies

Published: 1981

Total Pages: 116

ISBN-13:

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This study describes the history and the current operation of the federal grant system and suggests model provisions for legislation authorizing block grants. It also describes the political consequences of the Reagan proposals, particularly the challenge these proposals present to special interest groups and to congressional working arrangements and relationships. The concluding chapter presents a framework for a broader revision of responsibilities. The federal government would assume policy and financial responsibility for the welfare system and for the provision of national health insurance. At the same time, it would transfer to state and local governments programs such as education, transportation, community and economic development, social services, law enforcement, and the environment.

Redefining Federalism

Redefining Federalism PDF

Author: Douglas T. Kendall

Publisher: Environmental Law Institute

Published: 2004

Total Pages: 175

ISBN-13: 1585760862

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If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.

Rethinking Federalism Studies

Rethinking Federalism Studies PDF

Author: Carol S. Weissert

Publisher: Edward Elgar Publishing

Published: 2023-08-14

Total Pages: 141

ISBN-13: 1800880685

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In this timely book, Carol S. Weissert proves that federalism is highly relevant to the modern world and worthy of deeper academic study. Highlighting the dynamic nature of federalism, this book focuses on linking scholarship to the policy and politics of federalism in the US and across the world.

Foreign Affairs Federalism

Foreign Affairs Federalism PDF

Author: Michael J. Glennon

Publisher: Oxford University Press

Published: 2016-04-15

Total Pages: 433

ISBN-13: 0199355908

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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.