Federalism and the Tug of War Within 1st Edition by Erin Ryan ISBN 978-0199737987 0199737983

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Product details: 

ISBN 10:  0199737983

ISBN 13: 978-0199737987

Author:  Erin Ryan
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.

Table of contents: 

Part I: Federalism and the Tug of War Within
I. Which Federalism?: The Choice and the Stakes
II. Federalism and the Tug of War Within
III. American Federalisms: From New Foundations to New Federalism
Part II: The Interjurisdictional Gray Area
IV. The Rehnquist Revival of Jurisdictional Separation
V. The Interjurisdictional Gray Area
Part III: Balanced Federalism
VI. The Role of Courts: Tenth Amendment Balancing
VII. Legislative Balancing Through Intergovernmental Bargaining
Part IV: Negotiating Federalism
VIII. The Role of the Political Branches: Negotiating Federalism
IX. The Structural Safeguards of Federalism Bargaining
X. The Procedural Tools of Interpretive Balancing

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