Federalism: Political Identity and Tragic Compromise

Subject Index

subject index 221 Abelman v. Booth, 106 Account. See Theory Administrative state. See United States Anti-Federalists, 129–30, 132, 182n77 Articles of Confederation, 87, 101–2, 104, 146–47 Attitudinal criteria. See Criteria for federalism Authoritarian regimes creation of regimes and, 40–43 distinguished from totalitarianism, 33 federalism in, 33–35 law in, 33–34 local democracy and, 30 Autonomy, political in colonial America, 98 consociation and, 18–19 de‹nition of federalism and, 12–13, 16–17, 86–87, 89, 150 ef‹ciency and, 24, 77–79, 81–84 participation and, 23 regional, 12–13, 16–17, 48–49, 55–56 of states in United States, 104, 125, 137–43, 147–48 Boundary creation, 44–47 Britain. See United Kingdom Brown v. Board of Education, 115 Canada, 46, 50, 55, 67, 168n21 Central government. See Governance; Regional governments Chisholm v. Georgia, 106, 144, 147 Choice by citizens, among subunits, 24–25, 78–79, 81–83 identity and, 25 Civil Rights Act, 115, 132, 133 Cohens v. Virginia, 106 Commandeering doctrine, 139–43 Commerce Clause. See Constitution; Enumerated powers; Supreme Court Competition (among political units) ef‹ciency and, 24, 78–79, 81–83 Gregory v. Ashcroft, 24 race to the bottom, 84–85 Compromise political, 18–20, 51–52 tragic, 38–39, 48–60, 67–68, 118, 151, 153 in U.S. Constitution, 102–5, 128 Consociation autonomy and, 18–19 de‹ned, 18 federalism distinguished from, 18–20, 150 and governance, 18, 73 local democracy and, 30 in United States, 108 Constitution (U.S.). See also Supreme Court compromise in, 102–5, 128 Eleventh Amendment, 106, 143–49 enumerated powers of, 130–37 federalism in, 24–29, 96, 128–49 formation of, 102–5, 129–30 Fourteenth Amendment, 127, 132, 146 interpretation of, 127–30, 137–38, 193n10 original intent of, 103–5, 127–30, 132, 147 sovereign immunity in, 143–49, 200n91, 202n103 states, rights in, 104–5, 125, 137–42, 145–48 Tenth Amendment, 104, 137–43 Constitution, generally, 29, 83, 91, 125 Cooperative federalism, 29, 56–57 Criteria for federalism attitudinal de‹ned, 60–61 identity and, 61 passive resistance, 63 terrorism, 61–62, 63, 110 structural, 64–67 in United States, 109–10, 115–18 and violence, 61–63, 109–10 Culture, 65–67, 118–20 de‹ned, 61, 64 historical experience and, 66–67 language and, 65–66 race and, 65–66 religion and, 65–66 in United States, 118–23 DaimlerChrysler Corp. v. Cuno, 178n31 Decentralization business ‹rms and, 21 choice by citizens and, 24–25 commitment to, 83–84 cooperation and, 55–56 de‹ned, 20–21 economic ef‹ciency and, 24 experimentation and, 26–28 federalism distinguished from, 20–29, 73, 80–86, 124–25, 150 governance of regimes and, 22–29, 47–48, 51, 55–56, 73, 76, 79–80 participation and, 22–23 in United States, 101, 108 utility of citizens and, 24–25 Declaration of Independence, 100, 184n10 Democracy creation of regimes and, 40–41 de‹ned, 30, 33, 40 elections and, 23, 30, 32, 40, 142–43 federalism distinguished from, 30–37, 141–43, 150 local, 22–23, 30–32, 121, 142–43 participation and, 22–23, 31, 48 protest in, 62–63 social contract theory and, 41–43 Devolution (of authority), 44, 87 Dictatorial regimes. See Authoritarian regimes; Totalitarian regimes Diffusion of authority. See Power, diffusion of by federalism Diversity. See Minority groups; Norms Doctrinal incoherence de‹ned, 125–26 Eleventh Amendment cases and, 144–49 enumerated powers cases and, 133–36 federalism doctrine generally and, 126–27 Tenth Amendment cases and, 137–42 Dred Scott v. Sanford, 118 Dual federalism, 29, 74 Economic ef‹ciency competition among subunits and, 24, 81–86 decentralization and, 24, 80, 81–86 Ef‹ciency. See Economic ef‹ciency Elections local democracy and, 30–32, 142 local participation and, 23 Eleventh Amendment. See Constitution Empirical studies of federalism Filipov, Ordeshook, and Shvestsova, 91–93 Gerring, Thacker, and Moreno, 47–48, 94–95 Krespi, 59 Laughlin, 93 Nelkin and Pollack, 59 Nordlinger, 82 North and Weingast, 79, 91 Weingast, 79, 91 Wibbels, 84, 93–94 England. See United Kingdom Enumerated powers (U.S. Constitution), 130–37 Ethnicity, 10–11, 14. See also Race European Union, 11, 46–47, 102, 152–53 Experimentation (political), 26–29 Federalist Papers, 26 Fiscal federalism choice by citizens and, 24–25 competition among subunits and, 24 criticized, 79–86, 151 as decentralization, 80–86 de‹ned, 77 ef‹ciency and, 24, 77, 80 Gregory v...