The Implosion of American Federalism

The Implosion of American Federalism
Author: Robert F. Nagel
Publisher: Oxford University Press
Total Pages: 228
Release: 2002-11
Genre: Political Science
ISBN: 9780195347975

At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism. A robust version of federalism requires appreciation for political conflict and respect for disagreement about constitutional meaning, both values that are deeply antithetical to the Court's function. That so many believe this most centralized of our Nation's institutions is protecting, even overprotecting, state power is itself a sign of the depletion of those understandings necessary to sustain the federal system. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism. Under modern conditions of centralization, these attractive traits are leading to unattractive social consequences, including tolerance, fearfulness, utopianism, and deceptiveness. They are degrading our political discourse. All this encourages further centralization and further cultural deterioration. This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.

American Federalism: A Concise Introduction

American Federalism: A Concise Introduction
Author: Larry N. Gerston
Publisher: Routledge
Total Pages: 208
Release: 2015-03-26
Genre: Business & Economics
ISBN: 131747726X

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 Divided States of America

The Divided States of America
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"--

Federalism And Decentralization

Federalism And Decentralization
Author: Thomas Fleiner-Gerster
Publisher: Routledge
Total Pages: 426
Release: 2019-03-06
Genre: Political Science
ISBN: 0429709994

This book is an outcome of the round table conference held in 1984 in Switzerland. It deals with decision of decentralization, structure of decentralized units, external power of decentralized unit, financial autonomy and decentralization and the protection of the basic rights.

Governing the American State

Governing the American State
Author: Kimberly Johnson
Publisher: Princeton University Press
Total Pages: 243
Release: 2016-06-28
Genre: Political Science
ISBN: 140088022X

The modern, centralized American state was supposedly born in the Great Depression of the 1930s. Kimberley S. Johnson argues that this conventional wisdom is wrong. Cooperative federalism was not born in a Big Bang, but instead emerged out of power struggles within the nation's major political institutions during the late nineteenth and early twentieth centuries. Examining the fifty-two years from the end of Reconstruction to the beginning of the Great Depression, Johnson shows that the "first New Federalism" was created during this era from dozens of policy initiatives enacted by a modernizing Congress. The expansion of national power took the shape of policy instruments that reflected the constraints imposed by the national courts and the Constitution, but that also satisfied emergent policy coalitions of interest groups, local actors, bureaucrats, and members of Congress. Thus, argues Johnson, the New Deal was not a decisive break with the past, but rather a superstructure built on a foundation that emerged during the Gilded Age and the Progressive Era. Her evidence draws on an analysis of 131 national programs enacted between 1877 and 1930, a statistical analysis of these programs, and detailed case studies of three of them: the Federal Highway Act of 1916, the Food and Drug Act of 1906, and the Sheppard-Towner Act of 1921. As this book shows, federalism has played a vital but often underappreciated role in shaping the modern American state.

The US Supreme Court and the Centralization of Federal Authority

The US Supreme Court and the Centralization of Federal Authority
Author: Michael A. Dichio
Publisher: State University of New York Press
Total Pages: 296
Release: 2018-11-01
Genre: Political Science
ISBN: 1438472544

This book explores the US Supreme Court's impact on the constitutional development of the federal government from the founding era forward. The author's research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government.

Federalism, Fiscal Authority, and Centralization in Latin America

Federalism, Fiscal Authority, and Centralization in Latin America
Author: Alberto Diaz-Cayeros
Publisher: Cambridge University Press
Total Pages: 248
Release: 2006-08-21
Genre: Political Science
ISBN: 1139458779

This book explores the politics of fiscal authority, focusing on the centralization of taxation in Latin America during the twentieth century. The book studies this issue in great detail for the case of Mexico. The political (and fiscal) fragmentation associated with civil war at the beginning of the century was eventually transformed into a highly centralized regime. The analysis shows that fiscal centralization can best be studied as the consequence of a bargain struck between self-interested regional and national politicians. Fiscal centralization was more extreme in Mexico than in most other places in the world, but the challenges and problems tackled by Mexican politicians were not unique. The book thus analyzes fiscal centralization and the origins of intergovernmental financial transfers in the other Latin American federal regimes, Argentina, Brazil, and Venezuela. The analysis sheds light on the factors that explain the consolidation of tax authority in developing countries.

Federalism

Federalism
Author: Mark J. Rozell
Publisher: Oxford University Press, USA
Total Pages: 160
Release: 2019-11-15
Genre: Political Science
ISBN: 0190900059

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.