Federalism and the Tug of War Within

ISBN-13: 9780199737987 / Angielski / Twarda / 2012 / 432 str.

Erin Ryan

Opis

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.

Recenzje

Ryan's work succeeds in broadening the federalism debate and demonstrates how governing in contentious interjurisdictional gray areas is not only complex but may also require flexible and creative institutional arrangements that are achieved through cooperation among national and policy makers ... Ryan's book should find a position in your library next to the classics by Elazar and Grozdins.

O autorze

Erin Ryan Professor Erin Ryan teaches and publishes about federalism, environmental and land use law, and negotiation. She has presented on federalism theory at academic and administrative venues in the United States, Europe, and Asia, including the Ninth Circuit Judicial Conference, the U.S. Department of Agriculture, and the United Nations Institute for Training and Research. She has advised National Sea Grant interjurisdictional governance projects involving the Chesapeake Bay watershed, and consulted with multiple universities and the United States Air Force on developing sustainability programs. She has appeared on National Public Radio, in the Chicago Tribune, the London Financial Times, and other U.S. news outlets, and in the PBS Newshour and Christian Science Monitor's Patchwork Nation project.