The Price of Federalism
The Price of Federalism

Author: Paul E. Peterson

Publisher: Rowman & Littlefield

Published: 2012-01-01

Total Pages: 276

ISBN-13: 9780815791645

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What is the price of federalism? Does it result in governmental interconnections that are too complex? Does it create overlapping responsibilities? Does it perpetuate social inequalities? Does it stifle economic growth? To answer these questions, Paul Peterson sets forth two theories of federalism: functional and legislative. Functional theory is optimistic. It says that each level of the federal system is well designed to carry out the tasks for which it is mainly responsible. State and local governments assume responsibility for their area's physical and social development; the national government cares for the needy and reduces economic inequities. Legislative theory, in contrast, is pessimistic: it says that national political leaders, responding to electoral pressures, misuse their power. They shift unpopular burdens to lower levels of government while spending national dollars on popular government programs for which they can claim credit. Both theories are used to explain different aspects of American federalism. Legislative theory explains why federal grants have never been used to equalize public services. Elected officials cannot easily justify to their constituents a vote to shift funds away from the geographic area they represent. The overall direction that American federalism has taken in recent years is better explained by functional theory. As the costs of transportation and communication have declined, labor and capital have become increasingly mobile, placing states and localities in greater competition with one another. State and local governments are responding to these changes by overlooking the needs of the poor, focusing instead on economic development. As a further consequence, older, big cities of the Rust Belt, inefficient in their operations and burdened by social responsibilities, are losing jobs and population to the suburban communities that surround them. Peterson recommends that the national government adopt p

Enhancing Government
Enhancing Government

Author: Erwin Chemerinsky

Publisher: Stanford University Press

Published: 2008-05-22

Total Pages: 312

ISBN-13: 0804763135

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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.

When Federalism Works
When Federalism Works

Author: Paul E. Peterson

Publisher: Washington, D.C. : Brookings Institution

Published: 1986

Total Pages: 0

ISBN-13: 9780815770206

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In When Federalism Works, Paul E. Peterson, Barry G. Rabe, and Kenneth K. Wong examine the new conventional wisdom about federal grants.

Federalism on Trial
Federalism on Trial

Author: Paul Nolette

Publisher: University Press of Kansas

Published: 2015-02-23

Total Pages: 296

ISBN-13: 0700620893

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“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
Federalism

Author: Malcolm Feeley

Publisher: University of Michigan Press

Published: 2009-12-21

Total Pages: 242

ISBN-13: 0472024833

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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

Trump, the Administrative Presidency, and Federalism
Trump, the Administrative Presidency, and Federalism

Author: Frank J. Thompson

Publisher: Brookings Institution Press

Published: 2020-09-29

Total Pages: 258

ISBN-13: 081573820X

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How Trump has used the federal government to promote conservative policies The presidency of Donald Trump has been unique in many respects—most obviously his flamboyant personal style and disregard for conventional niceties and factual information. But one area hasn't received as much attention as it deserves: Trump's use of the “administrative presidency,” including executive orders and regulatory changes, to reverse the policies of his predecessor and advance positions that lack widespread support in Congress. This book analyzes the dynamics and unique qualities of Trump's administrative presidency in the important policy areas of health care, education, and climate change. In each of these spheres, the arrival of the Trump administration represented a hostile takeover in which White House policy goals departed sharply from the more “liberal” ideologies and objectives of key agencies, which had been embraced by the Obama administration. Three expert authors show how Trump has continued, and even expanded, the rise of executive branch power since the Reagan years. The authors intertwine this focus with an in-depth examination of how the Trump administration's hostile takeover has drastically changed key federal policies—and reshaped who gets what from government—in the areas of health care, education, and climate change. Readers interested in the institutions of American democracy and the nation's progress (or lack thereof) in dealing with pressing policy problems will find deep insights in this book. Of particular interest is the book's examination of how the Trump administration's actions have long-term implications for American democracy.

Federalism and the Making of America
Federalism and the Making of America

Author: David Brian Robertson

Publisher: Routledge

Published: 2013-03-01

Total Pages: 351

ISBN-13: 1136974296

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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.

Democratic Federalism
Democratic Federalism

Author: Robert P. Inman

Publisher: Princeton University Press

Published: 2023-09-26

Total Pages: 448

ISBN-13: 0691253978

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"Federalism, defined generally as a collection of self-governing regions under a central government, is widely viewed as a sensible choice of polity both for emerging democracies and for established states. But while federal institutions are positively correlated with valued economic, democratic, and justice outcomes, ultimately it is unclear how they are connected and which cause which. In Democratic Federalism, Robert Inman and Daniel Rubinfeld explore how federalism works and propose concrete and proven policy guidance on how federalist policies can be designed and implemented successfully. The authors define federalism according to three parameters: how much federal revenue comes through local governmental bodies, the number of local governmental bodies, and the extent to which these local bodies are represented federally. In applying these parameters to economic concepts and theory, Inman and Rubinfeld explain how federalism works in a way meant to engage scholars in political science and sociology and policymakers drafting regulation in federalist governments. The book offers applicable ideas and comparative case studies on how to assess potential policies and how to actually design federalist institutions from scratch. Both authors have real experience with both, most notably in their work advising the South African government on how to build a federalist democracy. This book will be an essential guide to understanding and applying federalist concepts and principles"--

Marijuana Federalism
Marijuana Federalism

Author: Jonathan H. Adler

Publisher: Brookings Institution Press

Published: 2020-03-17

Total Pages: 163

ISBN-13: 0815737904

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On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal “controlled substance” under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas—such as banking regulations—in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.