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Federalism and the Tug of War Within
Professor Erin Ryan
392 pages
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235x156mm
978-0-19-973798-7
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Hardback
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12 January 2012
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- Explains vacillations in the Supreme Court's modern federalism jurisprudence in terms of the underlying "tug of war" between competing federalist values
- Decodes the Supreme Court's federalism jurisprudence as the choice between alternative models of federalism with different tradeoffs but the same constitutional directives
- Applies theoretical analysis to concrete examples of inter-jurisdictional regulatory crises, such as Hurricane Katrina and efforts to curtail storm water pollution under the Clean Water Act
- Proposes a "Balanced Federalism" model that reconciles the alternative models of federalism and enables more effective governance in inter-jurisdictional contexts
Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that undergird American federalism, with real consequences for governance that requires local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health reform, and other problems implicating local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective interjurisdictional 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 the checks and balances between opposing centers of power that protect individuals, governmental accountability that enhances democratic participation, local autonomy that enables interjurisdictional innovation, and the synergy that federalism enables between local and national regulatory capacity for coping with problems neither level could resolve alone. In adjudicating questions of federalism, faithfulness to these values should be the touchstone. But they are suspended in a web of tension, such that privileging one may encroach upon another in different contexts. This inherent "tug of war" is responsible for the epic instability in the Court's federalism
jurisprudence, but it is poorly understood.
Providing new conceptual vocabulary for wrestling with old dilemmas, Ryan traces federalism's tug of war through history and into the present, proposing a series of innovations to bring judicial, legislative, and executive efforts to manage it into more fully theorized focus. The book outlines a model of Balanced Federalism that mediates federalism tensions on three separate planes: (1) fostering balance among the competing federalism values, (2) leveraging the functional capacities of the three branches of government in interpreting federalism, and (3) maximizing the wisdom of both state and federal actors in so doing. Along the way, the analysis provides clearer justification for the ways in which the tug of war is
already mediated through various forms of balancing, compromise, and negotiation. The new framework better harmonizes the values that-though in tension-have made the American system of government so effective and enduring.Readership: Legal: academics, students, libraries, practicing regulatory lawyers, judges, agency attorneys, and legislators and their staff; Political Science: think tanks, academics, and students; Environmental Studies: environmental academics, advocates, and students.
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Professor Erin Ryan, Associate Professor of Law, The College of William & Mary, Marshall-Wythe School of Law Erin Ryan
Professor Erin Ryan teaches and publishes about federalism, environmental and land use law, and negotiation. She has presented on federalism theory at academic and administrative venues in the United States, Europe, and Asia, including the Ninth Circuit Judicial Conference, the U.S. Department of Agriculture, and the United Nations Institute for Training and Research. She has advised National Sea Grant interjurisdictional governance projects involving the Chesapeake Bay watershed, and consulted with multiple universities and the United States Air Force on developing sustainability programs. She has appeared on National Public Radio, in the Chicago Tribune, the London Financial Times, and other U.S. news outlets, and in the PBS Newshour and Christian Science Monitor's Patchwork Nation
project.
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Introduction
Part I: Federalism and the Tug of War Within
I. Which Federalism?: The Choice and the Stakes
II. Federalism and the Tug of War Within
III. American Federalisms: From New Foundations to New Federalism
Part II: The Interjurisdictional Gray Area
IV. The Rehnquist Revival of Jurisdictional Separation
V. The Interjurisdictional Gray Area
Part III: Balanced Federalism
VI. The Role of Courts: Tenth Amendment Balancing
VII. Legislative Balancing Through Intergovernmental Bargaining
Part IV: Negotiating Federalism
VIII. The Role of the Political Branches: Negotiating Federalism
IX. The Structural Safeguards of Federalism Bargaining
X. The Procedural Tools of Interpretive Balancing
Conclusion: Toward Balance in Federalism
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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