Polyphonic Federalism

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Polyphonic Federalism

Author : Robert A. Schapiro
Publisher : ReadHowYouWant.com
ISBN 13 : 1459627059
Total Pages : 490 pages
Book Rating : 4.4/5 (596 download)

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Book Synopsis Polyphonic Federalism by : Robert A. Schapiro

Download or read book Polyphonic Federalism written by Robert A. Schapiro and published by ReadHowYouWant.com. This book was released on 2011-08-22 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Federalism

Author : Anthony J. Bellia Jr.
Publisher : Aspen Publishing
ISBN 13 : 1454887699
Total Pages : 765 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Federalism by : Anthony J. Bellia Jr.

Download or read book Federalism written by Anthony J. Bellia Jr. and published by Aspen Publishing. This book was released on 2017-01-10 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting book by Anthony J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject. Features: Considers federalism questions across subject areas Transcends lines drawn by courses such as Constitutional Law, Federal Courts, and Civil Procedure Enables fuller and richer treatment of the subject of federalism Includes primary historical and theoretical sources relating to legal development and enduring questions Increases understanding of constitutional doctrine and fosters interdisciplinary learning Presents foundational materials useful for a range of courses on federalism

Preemption Choice

Author : William W. Buzbee
Publisher : Cambridge University Press
ISBN 13 : 1139474812
Total Pages : 337 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Preemption Choice by : William W. Buzbee

Download or read book Preemption Choice written by William W. Buzbee and published by Cambridge University Press. This book was released on 2008-12-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.

The Future of Australian Federalism

Author : Gabrielle Appleby
Publisher : Cambridge University Press
ISBN 13 : 1107378117
Total Pages : 505 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis The Future of Australian Federalism by : Gabrielle Appleby

Download or read book The Future of Australian Federalism written by Gabrielle Appleby and published by Cambridge University Press. This book was released on 2012-03-08 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the operation and reform of federal relations within Australia is squarely on the political agenda, this volume brings together eminent lawyers, economists and political scientists who explain, analyse and evaluate the theory and principles underpinning the Australian federal system. Topics covered include the High Court's approach to the interpretation of the Constitution and how this has influenced federal relations in practice; different forms of inter-governmental co-operative arrangements; fiscal relations between the Commonwealth and the States; and emergent ethno-cultural and socioeconomic diversity within the Australian Federation. Comparative perspectives from Germany, America, Canada, Switzerland, India and the European Union provide unique prisms through which to view the operation of the Australian system and to contemplate its reform.

American Federalism: A Concise Introduction

Author : Larry N. Gerston
Publisher : Routledge
ISBN 13 : 1317477251
Total Pages : 223 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis American Federalism: A Concise Introduction by : Larry N. Gerston

Download or read book American Federalism: A Concise Introduction written by Larry N. Gerston and published by Routledge. This book was released on 2015-03-26 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding federalism - the form of political organization that unites separate polities within an overarching political system so that all maintain their political integrity - is central to the study of democratic government in the United States. Yet, many political scientists treat federalism as a set of abstract principles or a maze of budgetary transfers with little connection to real political life. This concise and engaging book boils the discussion down to its essence: federalism is about power, specifically the tug for power among and within the various levels of government. Author Larry N. Gerston examines the historical and philosophical underpinnings of federalism; the various "change events" that have been involved in defining America's unique set of federal principles over time; and the vertical, horizontal, and international dimensions of federalism in the United States today. The result is a book examining the ways in which institutional political power is both diffused and concentrated in the United States.

The Federalist

Author : Gottfried Dietze
Publisher : JHU Press
ISBN 13 : 1421434717
Total Pages : 390 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis The Federalist by : Gottfried Dietze

Download or read book The Federalist written by Gottfried Dietze and published by JHU Press. This book was released on 2019-12-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dietze intervened in this scholarship by offering a comprehensive study of the work, which promoted federalism as both a means for establishing free government and securing peace within a federal state and for maintaining security under the threat of foreign powers. In addition to a theoretical examination of the text, Dietze brings in a historical component by fleshing out how its authors were shaped by the political atmosphere in which they lived and how their writings transformed political literature for generations to come

Federalism on Trial

Author : Paul Nolette
Publisher : University Press of Kansas
ISBN 13 : 0700620893
Total Pages : 296 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Federalism on Trial by : Paul Nolette

Download or read book Federalism on Trial written by Paul Nolette and published by University Press of Kansas. This book was released on 2015-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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.

Federalism and Political Culture

Author : Aaron Wildavsky
Publisher : Routledge
ISBN 13 : 1000675718
Total Pages : 94 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Federalism and Political Culture by : Aaron Wildavsky

Download or read book Federalism and Political Culture written by Aaron Wildavsky and published by Routledge. This book was released on 2021-12-16 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aaron Wildavsky well understood that federalism is about freedom and diversity - not hierarchy and decentralization. His was an intensely normative concern with the promise of federalism and its abandonment in the United States. Over time, he became increasingly focused on political culture, federalism, and the Western domains of social life as fields of cultural competition. Although his interest in federalism was overshadowed by his work on political culture, it remained a visible theme in his writing. Federalism and Political Culture is a collection of Wildavsky's essays on federalism over the latter part of his career. It is the second in a series, of his posthumous collected writings. Federalism is not a conventional collection on comparative federal systems, but deals with what federalism means, how it should work, and how it has been abused by those in power who protested their commitment to federal principles and practices but acted otherwise. Wildavsky's analyses concentrate mainly on American federalism after the Great Society of the 1960s which brought major changes to the American federal system. The essays trace the progress of his thought as he first argues that true federalism is noncentralization, then to federalism as competition, and then combines both in reasserting that real federalism is possible only in a confederation.

Federalism

Author : David L. Shapiro
Publisher : Northwestern University Press
ISBN 13 : 0810112809
Total Pages : 164 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Federalism by : David L. Shapiro

Download or read book Federalism written by David L. Shapiro and published by Northwestern University Press. This book was released on 1995-07-19 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Shapiro explores the virtues and defects of federalism as it has developed in this country from a variety of perspectives that include historical, constitutional, economic, social, and political considerations. Using the dialectical form adopted by advocates trying a case before a court, Shapiro not only examines the strongest arguments on the two principal sides of the issue but also probes the potential value of the dialectical process itself.

American Federalism and Individual Rights

Author : Stephanie Mora Walls
Publisher : Rowman & Littlefield
ISBN 13 : 1498589456
Total Pages : 261 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis American Federalism and Individual Rights by : Stephanie Mora Walls

Download or read book American Federalism and Individual Rights written by Stephanie Mora Walls and published by Rowman & Littlefield. This book was released on 2021-02-15 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of individual rights and the division of power between the national government and the states are core principles upon which American governance is built, but how well do these concepts work together and to what extent could they be at cross purposes? American Federalism and Individual Rights presents both of these founding concepts and explores their compatibility through policy-specific studies, including civil rights, education, marriage equality, and physician-assisted death. Written for anyone interested in American politics, the author presents all of the foundational information one would need to make their own assessment of how federalism works to either promote or undermine the protection of the individual in these policy areas along with suggestions for further study.

Federalism

Author : Daniel Judah Elazar
Publisher :
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.X/5 (6 download)

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Book Synopsis Federalism by : Daniel Judah Elazar

Download or read book Federalism written by Daniel Judah Elazar and published by . This book was released on 1995 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Federalism

Author : Mark J. Rozell
Publisher : Oxford University Press, USA
ISBN 13 : 0190900059
Total Pages : 160 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Federalism by : Mark J. Rozell

Download or read book Federalism written by Mark J. Rozell and published by Oxford University Press, USA. This book was released on 2019-11-15 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Contemporary American Federalism

Author : Joseph F. Zimmerman
Publisher : SUNY Press
ISBN 13 : 9780791475966
Total Pages : 272 pages
Book Rating : 4.4/5 (759 download)

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Book Synopsis Contemporary American Federalism by : Joseph F. Zimmerman

Download or read book Contemporary American Federalism written by Joseph F. Zimmerman and published by SUNY Press. This book was released on 2009-07-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the development of the American federal system of government, focusing principally on the shifting balance of powers between the national government and the states.

The Development of American Federalism

Author : William H. Riker
Publisher : Springer Science & Business Media
ISBN 13 : 9400932731
Total Pages : 237 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis The Development of American Federalism by : William H. Riker

Download or read book The Development of American Federalism written by William H. Riker and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters of this book have diverse origins. They were written over the period 1954-1984. Several (i.e., three, four, seven, and ten) were originally published in scholarly journals. Several (i.e., one, eight, nine, and eleven) are excerpts from my previous books: Soldiers of the States and Federalism: Origin, Operation and Significance. And several (i.e., two, five, and six) were written for conferences and are now published here for the first time. Despite the fact that this history suggests they are quite unrelated, these chapters do indeed center on one theme: the continuity of American federalism. In order to emphasize that theme, I have written an introduction and an initial commentary for each chapter. These commen taries, taken together, with the introduction, constitute the exposition of the theme. Some of these chapters (four, six, and ten) were written with my students, Ronald Schaps, John Lemco, and William Bast. They did much of the research and analysis so the credit for these chapters belongs to them as much as to me. Chapter five is based quite closely on William Paul Alexander's dissertation for the Ph. D. degree at the University of Rochester, 1973.

Real Federalism

Author : Michael S. Greve
Publisher : American Enterprise Institute
ISBN 13 : 9780844741000
Total Pages : 232 pages
Book Rating : 4.7/5 (41 download)

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Book Synopsis Real Federalism by : Michael S. Greve

Download or read book Real Federalism written by Michael S. Greve and published by American Enterprise Institute. This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Real federalism is a federalism that promotes citizen choice and competition among the states

The New Federalism: Can the States Be Trusted?

Author :
Publisher : Hoover Press
ISBN 13 : 9780817995133
Total Pages : 188 pages
Book Rating : 4.9/5 (951 download)

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Book Synopsis The New Federalism: Can the States Be Trusted? by :

Download or read book The New Federalism: Can the States Be Trusted? written by and published by Hoover Press. This book was released on with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Federalism investigates whether returning a variety of regulatory and police powers back to the states will yield better government. It poses the provocative question, Can the states be trusted? and emerges with a qualified yes. This book should be an invaluable resource to federal and state policymakers alike.

Federalism and the Making of America

Author : David Brian Robertson
Publisher : Routledge
ISBN 13 : 113697430X
Total Pages : 238 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Federalism and the Making of America by : David Brian Robertson

Download or read book Federalism and the Making of America written by David Brian Robertson and published by Routledge. This book was released on 2013-03 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.