Federalism : a dialogue

著者

書誌事項

Federalism : a dialogue

David L. Shapiro

Northwestern University Press, c1995

  • : pbk, alk. paper

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注記

Bibliography: p. 143-150

内容説明・目次

巻冊次

ISBN 9780810112629

内容説明

David Shapiro explores the virtues and defects of federalism as it has developed in this country from a variety of perspectives that include historical, constitutional, economic, social, and political considerations. Using the dialectical form adopted by advocates trying a case before a court, Shapiro not only examines the strongest arguments on the two principal sides of the issue but also probes the potential value of the dialectical process itself.

目次

Acknowledgments 1. Introduction 2. The Case for Strong National Authority 3. The Case for Federalism as a Constraint on National Authority 4. Striking the Balance: Federalism and Dialogue\ Postscript on the Decision in United States v. Lopez Selected Bibliography Citation Tables United States Constitution Cases
巻冊次

: pbk, alk. paper ISBN 9780810112803

内容説明

An exploration of the virtues and defects of federalism as it has developed from a variety of perspectives that include historical, constitutional, economic, social and political considerations. Using the dialectical form adopted by advocates trying a case before a court, the author examines the strongest arguments on the two prinicpal sides of the issue but also probes the potential value of the dialectical process itself.

目次

  • Part 1 The case for strong national authority: concepts of federalism impose no sifnificant constitutional limits on the exercise of national authority or on the displacement of state law and regulation by national law
  • the existence of significant state autonomy is economically counterproductive. Part 2 The case for federalism as a constraint on national authority: the history and text of the constitution, as well as developments during and since its ratification, guarantee both the existence of the states and their right to play a significant role in the federal system
  • the preservation of a significant policymaking role for the states is not only constitutionally required but also economically, socially and politically desirable. Part 3 Striking the balance - federalism and dialogue: the constitutional and structural bases of our federal system
  • the exercise of discretion.

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