Federalism and the Tug of War Within

Hardcover | February 15, 2012

byErin Ryan

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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 epicinstability 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 stateand 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.

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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...

Erin Ryan is Professor of Law at the Marshall-Wythe School of Law at the College of William and Mary where she teaches federalism, environmental and land use law, property, and negotiation. Professor Ryan is a graduate of Harvard Law School, where she was an editor of the Harvard Law Review and a Hewlett Fellow at the Harvard Negotiati...

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Format:HardcoverDimensions:432 pages, 6.5 × 9.29 × 1.61 inPublished:February 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199737983

ISBN - 13:9780199737987

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Table of Contents

IntroductionPart I: Federalism and the Tug of War Within1. Which Federalism?: The Choice and the Stakes2. Federalism and the Tug of War Within3. American Federalisms: From New Foundations to New FederalismPart II: The Interjurisdictional Gray Area4. The Rehnquist Revival of Jurisdictional Separation5. The Interjurisdictional Gray AreaPart III: Balanced Federalism6. The Role of Courts: Tenth Amendment Balancing7. Legislative Balancing Through Intergovernmental BargainingPart IV: Negotiating Federalism8. The Role of the Political Branches: Negotiating Federalism9. The Structural Safeguards of Federalism Bargaining10. The Procedural Tools of Interpretive BalancingConclusion: Toward Balance in Federalism