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Toward Sustainable Federalism
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Book Synopsis Toward Sustainable Federalism by : Paul Alexander Robert Hobson
Download or read book Toward Sustainable Federalism written by Paul Alexander Robert Hobson and published by IRPP. This book was released on 1993 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study includes a useful historical perspective on Canadian fiscal federalism and a program-by-program review of the system's key features. Drawing on this analysis, the authors present innovative proposals for reform of EPF and the CAP.
Book Synopsis Designing Federalism by : Mikhail Filippov
Download or read book Designing Federalism written by Mikhail Filippov and published by Cambridge University Press. This book was released on 2004-02-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents
Book Synopsis Redefining Federalism by : Douglas T. Kendall
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Enhancing Government by : Erwin Chemerinsky
Download or read book Enhancing Government written by Erwin Chemerinsky and published by Stanford University Press. This book was released on 2008-05-22 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Toward a Functioning Federalism by : David Bradstreet Walker
Download or read book Toward a Functioning Federalism written by David Bradstreet Walker and published by Cambridge, Mass. : Winthrop. This book was released on 1981 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Book Synopsis Constitutions and the Commons by : Blake Hudson
Download or read book Constitutions and the Commons written by Blake Hudson and published by Routledge. This book was released on 2014-03-26 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.
Book Synopsis Federalism and the Tug of War Within by : Professor Erin Ryan
Download or read book Federalism and the Tug of War Within written by Professor Erin Ryan and published by Oxford University Press. This book was released on 2011-11-25 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.
Book Synopsis Safeguarding Federalism by : John D. Nugent
Download or read book Safeguarding Federalism written by John D. Nugent and published by University of Oklahoma Press. This book was released on 2012-11-27 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the dynamics of federalism in today’s policymaking process The checks and balances built into the U.S. Constitution are designed to decentralize and thus limit the powers of government. This system works both horizontally—among the executive, legislative, and judicial branches—and vertically—between the federal government and state governments. That vertical separation, known as federalism, is intended to restrain the powers of the federal government, yet many political observers today believe that the federal government routinely oversteps its bounds at the expense of states. In Safeguarding Federalism, John D. Nugent argues that contrary to common perception, federalism is alive and well—if in a form different from what the Framers of the Constitution envisioned. According to Nugent, state officials have numerous options for affecting the development and implementation of federal policy and can soften, slow down, or even halt federal efforts they perceive as harming their interests. Nugent describes the general approaches states use to safeguard their interests, such as influencing the federal policy, contributing to policy formulation, encouraging or discouraging policy enactment, participating in policy implementation, and providing necessary feedback on policy success or failure. Demonstrating the workings of these safeguards through detailed analysis of recent federal initiatives, including the 1996 welfare reform law, the Clean Air Act, moratoriums on state taxation of Internet commerce, and the highly controversial No Child Left Behind Act, Nugent shows how states’ promotion of their own interests preserves the Founders’ system of constitutional federalism today.
Book Synopsis The Rebirth of Federalism by : David Bradstreet Walker
Download or read book The Rebirth of Federalism written by David Bradstreet Walker and published by . This book was released on 1995 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis 'Mal-Adaptive' Federalism by : Jim Rossi
Download or read book 'Mal-Adaptive' Federalism written by Jim Rossi and published by . This book was released on 2016 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the federal government has been slow to address problems such as climate change, many states have adopted innovative approaches to address the climate impact of using natural resources to produce energy, including aggressive approaches to regulating carbon emissions and renewable and clean energy standards. This Article identifies an emerging challenge that subnational regulation faces in the energy and environmental context -- what I will call “maladaptive” federalism -- and argues that federalism discussions need to account for its possibility. Part I highlights adaptive regulation as a form of federalism, echoing a vision for subnational regulation many federalism scholars and policymakers have endorsed over the past two decades. Part II argues that policy choices by subnational units of government that fail to account for or consider these coordination benefits should not be celebrated as a form of adaptive federalism merely because they are state policy choices. I identify subnational recalcitrance (on inaction by states) and backlash (or reversing course) as two potential types of maladaptation, provides examples of each, and use these to illustrate the structural features of subnational governments that make maladaptation most likely. Part III argues in favor of pro-adaptation tools that federal agencies can use to address the enactment costs of states taking maladaptive approaches. In certain contexts, focusing on enactment costs associated with the structure of state governments will superior to federal policies that preempt subnational units of government altogether by making the policy choice for them. Such tools not only make maladaptation less likely; they also help to ensure that when a state does opt for an maladaptive policy path that it does so because it is making explicit tradeoffs in ways that are more likely to be welfare-enhancing and politically accountable.
Book Synopsis Federalism and National Diversity in the 21st Century by : Alain-G. Gagnon
Download or read book Federalism and National Diversity in the 21st Century written by Alain-G. Gagnon and published by Palgrave Macmillan. This book was released on 2021-04-06 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the obstacles to and opportunities for the development and entrenchment of a sustainable and representative multinational federalism. In doing so, it tackles a striking puzzle: on the one hand, scholars agree that deeply diverse multinational and multiethnic democracies should adopt federal structures that reflect and empower territorially concentrated diversity. On the other hand, there are very few, if any, real examples of enshrined and fully operative substantive multinational federalism. What are the main roadblocks to the adoption of multinational federalism? Can they be overcome? Is there a roadmap to realizing multinational federalism in the twenty-first century? In addressing these questions, this book brings together scholars from across the globe who explore a diverse range of cases from different and innovative analytical approaches. The chapters contribute to answering the above questions, each in their own way, while also addressing other important aspects of multinational federalism. The book concludes that the way forward likely depends on the emergence of a specific set of norms and a receptiveness to the complex institutional design.
Book Synopsis The Robust Federation by : Jenna Bednar
Download or read book The Robust Federation written by Jenna Bednar and published by Cambridge University Press. This book was released on 2008-12-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Robust Federation offers a comprehensive approach to the study of federalism. Jenna Bednar demonstrates how complementary institutions maintain and adjust the distribution of authority between national and state governments. These authority boundaries matter - for defense, economic growth, and adequate political representation - and must be defended from opportunistic transgression. From Montesquieu to Madison, the legacy of early institutional analysis focuses attention on the value of competition between institutions, such as the policy moderation produced through separated powers. Bednar offers a reciprocal theory: in an effective constitutional system, institutions complement one another; each makes the others more powerful. Diverse but complementary safeguards - including the courts, political parties, and the people - cover different transgressions, punish to different extents, and fail under different circumstances. The analysis moves beyond equilibrium conceptions and explains how the rules that allocate authority are not fixed but shift gradually. Bednar's rich theoretical characterization of complementary institutions provides the first holistic account of federal robustness.
Author :Thomas Julius Anton Publisher :Philadelphia : Temple University Press ISBN 13 :9780877225775 Total Pages :244 pages Book Rating :4.2/5 (257 download)
Book Synopsis American Federalism and Public Policy by : Thomas Julius Anton
Download or read book American Federalism and Public Policy written by Thomas Julius Anton and published by Philadelphia : Temple University Press. This book was released on 1989 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the ways in which the federal, state, and local governments share responsibility for policies, producing a system that combines uniformity and diversity. While numerous empirical studies in recent years have detailed particular examples of reforms in federalism, there has been no widely accepted theory by which to evaluate the significance of those details. Thomas Anton synthesizes the particulars to discover what is true in general about the state of American Federalism. He uses a "benefits coalition" conceptual framework on which to organize his discussion.The author sees the purpose of American government as the creation and distribution of benefits to designated populations. He identifies three main types of benefits, which are directed toward individuals both outside and within government: (1) economic-the improvement of economic well-being; (2) juridical-assigning rights and obligations, as in determining eligibility to vote; and (3) symbolic-for example, in designating holidays and in fostering public activities that promote pride in and support for the system.Because of their profound affect on the quality of our lives as well as their increasing cost, the policies and programs jointly pursued by American governments are the focus of reform proposals that now occupy a prominent position on the national agenda. For these and other reasons, Anton's analytical and broadly defined discussion of American Federalism is especially timely. Author note: Thomas Anton is Professor of Political Science and Director of the A. Alfred Taubman Center for Public Policy and American Institutions at Brown University.
Book Synopsis Essays in Federalism by : George Charles Sumner Benson
Download or read book Essays in Federalism written by George Charles Sumner Benson and published by . This book was released on 2012-07-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Additional Authors Are William S. Stokes And Procter Thomson. Foreword By Arthur N. Holcombe.
