Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of... government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics.

This book, first published in 2005, develops a comparative model of intergovernmental bargaining to account for variation in the capacity of federations... in the developing world to undertake economic policy reform, suggesting that many market reform policies are a function of a constant process of bargaining between national and regional leaders struggling for political survival. As the degree of national-regional disagreement mounts, collective action on reforms that require implementation at multiple levels of government becomes more difficult. The degree to which the two factors conflict depends on four factors: the individual electoral interests, a shared intergovernmental fiscal system, the manner in which regional interests are represented in national policy making and the levers of partisan influence national leaders have over subnational politicians. In testing the argument with a combination of cross-sectional time-series and case study analysis, this book contributes to the broad literatures on development and the comparative political economy of federalism and decentralization.

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.

This exciting new book by A.J. Bellia is a unique collection of legal and scholarly materials intended for use in a range of courses, including... Constitutional Law, Federalism, Federalism History, Federalism Theory, and Comparative Federalism. The first book of its kind, Federalism spans traditional subject areas, which allows a deeper and richer treatment of the subject of federalism. This compelling addition to the Aspen Elective Series features: progressive scrutiny of federalism that starts by looking at the framework of American federalism, moves on to an examination of national and state powers to regulate, and finishes with an exploration of judicial federalism primary historical and theoretical sources relating to legal development and enduring questions, which will enrich students' understanding of constitutional doctrine and foster interdisciplinary learning consideration of federalism themes, across subject areas, that transcends lines drawn by courses such as Constitutional Law, Federal Courts, or Civil Procedure, substantially broadening the ways in which federalism can be taught This concise paperback offers an exciting new approach to teaching and learning about federalism and will be an advantage to any course that deals with the relationship between the federal and state governments.

Abraham Lincoln worried that the "walls" of the constitution would ultimately be leveled by the "silent artillery of time." His fears materialized with... the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.

This is an electronic edition of the complete book complemented by author biography. This book features the table of contents linked to every chapter.... The book was designed for optimal navigation on the Kindle, PDA, Smartphone, and other electronic readers. It is formatted to display on all electronic devices including the Kindle, Smartphones and other Mobile Devices with a small display. ************ The Federalist Papers are a series of 85 articles advocating the ratification of the United States Constitution. Seventy-seven of the essays were published serially in The Independent Journal and The New York Packet between October 1787 and August 1788. A compilation of these and eight others, called The Federalist, was published in 1788 by J. and A. McLean. — Excerpted from Wikipedia, the free encyclopedia.

For a quarter of a century between 1763 and 1788, Americans intensely debated the nature of government and the need to protect individual liberties. The... debate climaxed in the arguments over the ratification of the Constitution.Through a selection of essential documents from 1787 and 1788, this new edition gives readers the flavor and immediacy of the great debate in all its fire, brilliance, and political intensity. Organized by topic, this is a convenient reference and teaching tool. This updated edition contains an entirely new section on the debate over class structure, property rights, and the economy under the proposed Constitution—an ideal introduction to a debate meaningful today.

This premier treatise offers a powerful exploration of the underlying polices and the doctrine of federal jurisdiction. Erwin Chemerinsky, one of the ... nation's leading authorities in this area of the law, clearly identifies current law and unresolved issues surrounding it and then examines the competing policy considerations, articulating varying viewpoints clearly and in evenhandedly. Federal Jurisdiction, Fifth Edition, thoroughly updated to reflect important recent developments, is designed to accompany any of the major textbooks and is frequently used as the primary course text by instructors who then supply their own case material. This highly acclaimed text provides solid underpinnings for federal jurisdiction courses, offering: comprehensive coverage, with clear descriptions of the law and issues and in-depth analyses of the doctrines and policies that determine the jurisdiction of the federal courts a clear overview of current law along with unresolved issues followed by a straightforward explanation of the underlying, competing policy considerations involved a balanced treatment of the material, presenting multiple viewpoints and describing for students all sides of the issues Updated to reflect important recent developments, the Fifth Edition addresses the impact of war on terrorism on federal jurisdiction issues, including restriction of federal court jurisdiction and the availability of habeas corpus for those in Guantanamo new developments in justiciability, especially as to whether challenges to partisan gerrymandering are a nonjusticiable political question major new cases with regard to sovereign immunity, including Congress' power to authorize suits against state governments (Nevada Department of Human Resources v. Hibbs, Tennessee v. Lane, United States v. Georgia) and the Supreme Court's holding that sovereign immunity does not apply in bankruptcy court the significant new limits on the ability to use section 1983 to enforce federal statutes major developments with regard to habeas corpus and the provisions of the Antiterrorism and Effective Death Penalty Act

A student treatise, by one of the nation's leading authorities in Federal Jurisdiction, intended for use alongside any federal jurisdiction casebook.... Features: Comprehensive coverage, with clear descriptions and analyses of the doctrines and policies that determine the jurisdiction of the federal courts Chemerinsky's straightforward approach, in which he clearly states the current law; identifies unresolved issues; and examines underlying, competing policy considerations An even-handed treatment of the material, with multiple viewpoints presented Has been used as the required text in lieu of a traditional casebook, with professors bringing in their own cases New to the Sixth Edition: Updates to include discussions of important developments that occurred after the current edition was published in 2007, among them: Military Commissions Act and Boumediene v. Bush Medellin v. Texas Massachusetts v. EPA, Hein v. Freedom from Religion Foundation, Sprint Communications v. APPC Services, and DaimlerChrysler v. Cuno MedImmune v. Genentech Habeas corpus developments Ashcroft v. Iqbal Stoneridge Investment Partner v. Scientific-Atlanta (implied rights of action)

Federal Law and Southern Order, first published in 1987, examines the factors behind the federal government's long delay in responding to racial... violence during the 1950s and 1960s. The book also reveals that it was apprehension of a militant minority of white racists that ultimately spurred acquiescent state and local officials in the South to protect blacks and others involved in civil rights activities. By tracing patterns of violent racial crimes and probing the federal government's persistent failure to punish those who committed the crimes, Michal R. Belknap tells how and why judges, presidents, members of Congress, and even Justice Department and Federal Bureau of Investigation officials accepted the South's insistence that federalism precluded any national interference in southern law enforcement. Lulled into complacency by the soothing rationalization of federalism, Washington for too long remained a bystander while the Ku Klux Klan and others used violence to sabotage the civil rights movement, Belknap demonstrates.In the foreword to this paperback edition, Belknap examines how other scholars, in works published after Federal Law and Southern Order, have treated issues related to federal efforts to curb racial violence. He also explores how incidents of racial violence since the 1960s have been addressed by the state legal systems of the South and discusses the significance for the contemporary South of congressional legislation enacted during the 1960s to suppress racially motivated murders, beatings, and intimidation.

Reliable guide to the federal law of employment discrimination. Authoritative summary covers common law; labor relations; public employees and the... Constitution; statutes; the Equal Employment Opportunity Commission (EEOC); express use of proscribed classifications and justifications; disparate impact; conditions of employment; harassment; race and color; national origin; religion; disabilities; Age Discrimination Act; retaliation; remedies; survey of 2008 Amendments to the Americans With Disabilities Act, and notes on 2009 latest Congressional actions.

Federal Legal Research explains how to conduct research in the U.S. Constitution and in federal cases, statutes, and administrative regulations. The... book begins with an overview of the sources of law and the research process. That chapter is followed with an in-depth discussion of American legal research strategies and techniques for both print and online sources. The book covers secondary sources and practice guides, updating with Shepard's and KeyCite, and legislative research. A separate chapter focuses on legal ethics and court rules.Federal Legal Research is effective for teaching legal research in first-year classes that integrate research, writing, and analysis as well as in upper-level courses with a more bibliographic approach. Moreover, the book will provide accessible information about federal legal research for practitioners, paralegals, librarians, college students, and even laypeople.Federal Legal Research complements the state-specific books that comprise the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law.

Section 106. A critical section of an obscure law, the National Preservation Act. It has saved thousands of historic sites, archeological sites,... buildings, and neighborhoods across the country from destruction by Federal projects. And it has let even more be destroyed, or damaged, or somehow changed. It is the major legal basis for a multi-million dollar 'cultural resource management' industry that provides employment to thousands of archeologists, historians, and architectural historians. It is interpreted in a wide variety of ways by judges, lawyers, Federal agency officials, State and Tribal Historic Preservation Officers, contractors, and academics. But what does it say, and how does the regulatory process it created actually work? In this book, Tom King de-mythologizes Section 106, explaining its origins, its rationale, and the procedures that must be followed in carrying out its terms. Available just months after the latest revision of section 106, this book builds on King's best-selling work, Cultural Resource Laws and Practice: an Introductory Guide (AltaMira Press 1998). It is indispensable for federal, state, tribal, legal, academic, and citizen practitioners in the United States. King's engaging and witty prose turns a tangle of complicated regulation into a readable and engaging guide. ** CLICK 'Sample Readings' below to view the most current addendum to this book. Sponsored by the Heritage Resources Management Program, University of Nevada, Reno

This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate legal... points under consideration with special attention focused on historical and social context. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. This new edition overhauls the first five chapters of cross-cutting issues to facilitate easier selection of topics to cover before exploring resource-specific subjects. The Sixth Edition consolidates and streamlines chapters to make them easier for students to concentrate on the main points of contention. It also thoroughly updates all chapters through February 2007. This is the only natural resources casebook with substantial attention given to cultural resource preservation, hydropower licensing, and remedies for federal breaches of contracts. It retains its comprehensive coverage of public land history, constitutional issues, NEPA, endangered species protection, approaches to interpreting old legal authorities, planning, access, land management, and the resources subjects themselves: water, minerals, timber, range, wildlife, recreation, and preservation.