Cover

pdf iconDownload PDF
 

Frontmatter

pdf iconDownload PDF
 

Contents

pdf iconDownload PDF

pp. vii-viii

read more

Preface

pdf iconDownload PDF

pp. ix-x

In a previous book, we explored the role of the federal courts in reforming conditions in American prisons. One of our findings was that principles of federalism did not deter the courts from revamping state prison systems.The federal courts simply ignored the weight of history—the Thirteenth Amendment, the century-old “hands-off” doctrine, the lack of precedent—...

read more

Introduction: Why We Need a Theory of Federalism

pdf iconDownload PDF

pp. 1-6

In the mid-nineteenth century, two-thirds of the world’s landmass was governed by imperial edict. In the early twenty-first century, according to many political theorists, this same proportion of the world is governed by federal arrangement. Indeed, some theorists claim that the proportion could be much higher. Writing in 1994, the late Daniel Elazar ...

read more

Chapter 1. What is Federalism?

pdf iconDownload PDF

pp. 7-37

In order to discuss federalism (at a theoretical level at least), it is necessary to define it. This immediately raises a number of the complexities that beset this subject and that mechanistic discussions of it tend to ignore or obscure. In fact, the problem is sufficiently complex that no mere definition will suffice. However clear one tries to be about such an ...

read more

Chapter 2. Why Federalism? The Tragic Aspect of Politics

pdf iconDownload PDF

pp. 38-68

It is one thing to define or demarcate a political concept; it is another thing to describe its purpose. Labels can be attached to all sorts of political arrangement. One could have a term for a regime with a ruling military junta, a bicameral legislature, and a constitutional court, for example, but the ...

read more

Chapter 3. Federalism in Political Science

pdf iconDownload PDF

pp. 69-95

The previous two chapters presented, in generalized terms, a theoretical approach to federalism. We began by defining the concept of federalism as a grant of partial autonomy to geographical subunits of a nation and by distinguishing it from closely associated, but basically different, institutional arrangements, such as consociation, decentralization, and democracy. We then proceeded ...

read more

Chapter 4. Federalism in America

pdf iconDownload PDF

pp. 96-123

The United States has always considered itself a federal nation, and other nations generally regard it as such. But this characterization, often derived from governmental structures that are actually consociative, decentralized, or merely democratic, has been plagued by the ambiguity that attends the entire subject of federalism. The nature and ...

read more

Chapter 5. The Judicial Doctrine of Federalism

pdf iconDownload PDF

pp. 124-149

As stated at the outset, this book is about the theory of federalism, not about the legal doctrine of federalism that American constitutional courts have developed. Its goal is to approach federalism as a principle of political organization, without becoming immersed in the infinite complexities of the judicial decisions that have attracted so much ...

read more

Conclusion

pdf iconDownload PDF

pp. 150-154

Now that we have reached the end of our discussion, it seems appropriate to review the ground we have covered. Our aim in this book is to provide a theoretical approach to federalism, a general account of this specific mode of organizing the government of a political entity. Such an account necessarily begins with a definition, as there is very little ...

Notes

pdf iconDownload PDF

pp. 155-202

Selected Bibliography

pdf iconDownload PDF

pp. 203-218

Name Index

pdf iconDownload PDF

pp. 219-220

Subject Index

pdf iconDownload PDF

pp. 221-225