Negotiating Federalism
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| Author | : W. J. Norman |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2006-05-25 |
| Genre | : Philosophy |
| ISBN | : 0198293356 |
There are at least three times as many nations as states in the world today. This book addresses some of the special challenges that arise when two or more national communities re the same (multinational) state. As a work in normative political philosophy its principal aim is to evaluate the political and institutional choices of citizens and governments in states with rival nationalist discourses and nation-building projects. The first chapter takes stock of a decade of intensephilosophical and sociological debates about the nature of nations and nationalism. Norman identifies points of consensus in these debates, as well as issues that do not have to be definitively resolved in order to proceed with normative theorizing. He recommends thinking of nationalism as a form ofdiscourse, a way of arguing and mobilizing support, and not primarily as a belief in a principle. A liberal nationalist, then, is someone who uses nationalist arguments, or appeals to nationalist sentiments, in order to rally support for liberal policies. The rest of the book is taken up with the three big political and institutional choices in multinational states. First, what can political actors and governments legitimately do to shape citizens' national identity or identities? This is thecore question in the ethics of nation-building, or what Norman calls national engineering. Second, how can minority and majority national communities each be given an adequate degree of self-determination, including equal rights to carry out nation-building projects, within a democratic federal state?Finally, even in a world where most national minorities cannot have their own state, how should the constitutions of multinational federations regulate secessionist politics within the rule of law and the ideals of democracy? More than a decade after Yael Tamir's ground-breaking Liberal Nationalism, Norman finds that these three great practical and institutional questions have still rarely been addressed within a comprehensive normative theory of nationalism.
| Author | : Kenneth K. Wong |
| Publisher | : IAP |
| Total Pages | : 263 |
| Release | : 2018-04-01 |
| Genre | : Education |
| ISBN | : 1641131748 |
Federalism has played a central role in charting educational progress in many countries. With an evolving balance between centralization and decentralization, federalism is designed to promote accountability standards without tempering regional and local preferences. Federalism facilitates negotiations both vertically between the central authority and local entities as well as horizontally among diverse interests. Innovative educational practices are often validated by a few local entities prior to scaling up to the national level. Because of the division of revenue sources between central authority and decentralized entities, federalism encourages a certain degree of fiscal competition at the local and regional level. The balance of centralization and decentralization also varies across institutional and policy domains, such as the legislative framework for education, drafting of curricula, benchmarking for accountability, accreditation, teacher training, and administrative responsibilities at the primary, secondary, and tertiary levels. Given these critical issues in federalism and education, this volume examines ongoing challenges and policy strategies in ten countries, namely Australia, Austria, Belgium, Canada, Germany, Italy, Spain, Switzerland, United Kingdom, and the United States. These chapters and the introductory overview aim to examine how countries with federal systems of government design, govern, finance, and assure quality in their educational systems spanning from early childhood to secondary school graduation. Particular attention is given to functional division between governmental layers of the federal system as well as mechanisms of intergovernmental cooperation both vertically and horizontally. The chapters aim to draw out comparative lessons and experiences in an area of great importance to not only federal countries but also countries that are emerging toward a federal system.
| Author | : Suzanne Mettler |
| Publisher | : Cornell University Press |
| Total Pages | : 258 |
| Release | : 2018-09-05 |
| Genre | : History |
| ISBN | : 1501728822 |
The New Deal was not the same deal for men and women—a finding strikingly demonstrated in Dividing Citizens. Rich with implications for current debates over citizenship and welfare policy, this book provides a detailed historical account of how governing institutions and public policies shape social status and civic life. In her examination of the impact of New Deal social and labor policies on the organization and character of American citizenship, Suzanne Mettler offers an incisive analysis of the formation and implementation of the pillars of the modern welfare state: the Social Security Act, including Old Age and Survivors' Insurance, Old Age Assistance, Unemployment Insurance, and Aid to Dependent Children (later known simply as "welfare"), as well as the Fair Labor Standards Act, which guaranteed the minimum wage. Mettler draws on the methods of historical-institutionalists to develop a "structured governance" approach to her analysis of the New Deal. She shows how the new welfare state institutionalized gender politically, most clearly by incorporating men, particularly white men, into nationally administered policies and consigning women to more variable state-run programs. Differential incorporation of citizens, in turn, prompted different types of participation in politics. These gender-specific consequences were the outcome of a complex interplay of institutional dynamics, political imperatives, and the unintended consequences of policy implementation actions. By tracing the subtle and complicated political dynamics that emerged with New Deal policies, Mettler sounds a cautionary note as we once again negotiate the bounds of American federalism and public policy.
| Author | : Erin Ryan |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 429 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0199737983 |
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 | : Alexander Hamilton |
| Publisher | : Read Books Ltd |
| Total Pages | : 420 |
| Release | : 2018-08-20 |
| Genre | : History |
| ISBN | : 1528785878 |
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 | : Haider Ala Hamoudi |
| Publisher | : University of Chicago Press |
| Total Pages | : 326 |
| Release | : 2013-11-12 |
| Genre | : Political Science |
| ISBN | : 022606879X |
In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
| Author | : Michael Doonan |
| Publisher | : Brookings Institution Press |
| Total Pages | : 169 |
| Release | : 2013-08-30 |
| Genre | : Medical |
| ISBN | : 0815724837 |
American Federalism in Practice is an original and important contribution to our understanding of contemporary health policy. It also illustrates how contentious public policy is debated, formulated, and implemented in today’s overheated political environment. Health care reform is perhaps the most divisive public policy issue facing the United States today. Michael Doonan provides a unique perspective on health policy in explaining how intergovernmental relations shape public policy. He tracks federal-state relations through the creation, formulation, and implementation of three of the most important health policy initiatives since the Great Society: the State Children’s Health Insurance Program (CHIP) and the Health Insurance Portability and Accountability Act (HIPAA), both passed by the U.S. Congress, and the Massachusetts health care reform program as it was developed and implemented under federal government waiver authority. He applies lessons learned from these cases to implementation of the Affordable Care Act. “Health policymaking is entangled in a complex web of shared, overlapping, and/or competing power relationships among different levels of government,” the author notes. Understanding federal-state interactions, the ways in which they vary, and the reasons for such variation is essential to grasping the ultimate impact of federalism on programs and policy. Doonan reveals how federalism can shift as the sausage of public policy is made while providing a new framework for comprehending one of the most polarizing debates of our time.
| Author | : Andrew Coan |
| Publisher | : Harvard University Press |
| Total Pages | : 281 |
| Release | : 2019-04-29 |
| Genre | : Law |
| ISBN | : 0674986954 |
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
| Author | : Sarah F. Liebschutz |
| Publisher | : SUNY Press |
| Total Pages | : 264 |
| Release | : 1991-01-01 |
| Genre | : Business & Economics |
| ISBN | : 9780791406342 |
This book examines bargaining in the federal system from the perspective of a single state, New York. The central theme is mutual dependence under federalism, a dynamic relationship between states and the national government. Case studies are presented that focus on New York as influencer of, and reactor to, federal policies in the 1970's and 1980's. Cases of influence include New York's efforts to secure loan guarantees for New York City in 1975 and 1978, and to retain state and local tax deductions in the Tax Reform Act of 1986. Cases of reaction involve New York's responses to the Reagan budget cuts of 1981 and to the siting of a Superconducting Supercollider near Rochester. The first book on American federalism written from the perspective of a single state, Bargaining Under Federalism makes a unique contribution to our understanding of the workings of federalism.
| Author | : Donald F. Kettl |
| Publisher | : Princeton University Press |
| Total Pages | : 248 |
| Release | : 2022-03-15 |
| Genre | : Political Science |
| ISBN | : 0691234175 |
"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"--
