"In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to "remap" federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations"--

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.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.

What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Lyndon Johnson heralded a "new federalism," as did Ronald Reagan. It was left to the public to puzzle out what such a proclamation, coming from both ends of the political spectrum, could possibly mean. Of one thing we can be certain: theories of federalism, in whatever form they take, are still shaping our nation. The origin of these theories-what they meant to history and how they apply today becomes clear in this book by one of our most distinguished writers on political thought. The great English republicans of the seventeenth century appear in this story along with their American descendants, who took the European idea of a federal republic and recast it as new and unique. Samuel Beer's extraordinary knowledge of European political thought, displayed especially in discussions of Thomas Aquinas and James Harrington, allows him to show at every turn the historical precedents and the originality of American federalism in theory and practice. In deft comparisons with Hume, Burke, Blackstone, and Montesquieu, the familiar figures of Madison and Hamilton emerge with new substance and depth, while some who would seem fully known by now, such as Ben Franklin, reveal unsuspected dimensions, and others, such as James Wilson, are lifted from obscurity. Beer uses this history to highlight the contrast between the nation-centered federalism of the framers of the Constitution and the state-centered federalism of its opponents. His concern is not only with historical origins but, moreimportant, with a conflict of ideas which reaches far into our history and continues on to this day. The result is the clearest articulation ever given of the provenance and purpose of the ideas of nationalism and federalism in American political philosophy. A masterpiece of historical and political analysis, this book provides an innovative interpretive framework for understanding democracy and the American Constitution.

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.

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.