Federalism And The Making Of America

Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. Some of the most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. In the second edition of this nuanced and comprehensive text, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. New to the Second Edition Emphasizes that federalism is a battleground that shapes every life inAmerica. Extensively revised and updated, including new coverage of recent controversies like Ferguson, immigration, climate change, Obamacare, gay rights, the minimum wage, political polarization, voter identification, fracking, and marijuana legalization. Brings together the newest developments in history, political science, law,and related disciplines to show how federalism influences government and politics today. Includes chapter-opening vignettes that deal with contemporary cases and policy challenges.

Defines the most important concepts and describes the models, institutions, court cases, policies, epochs, and personalities that shaped, or have been shaped by, American federalism.

Why federalism is pulling America apart—and how the system can be reformed Federalism was James Madison's great invention. An innovative system of power sharing that balanced national and state interests, federalism was the pragmatic compromise that brought the colonies together to form the United States. Yet, even beyond the question of slavery, inequality was built into the system because federalism by its very nature meant that many aspects of an American's life depended on where they lived. Over time, these inequalities have created vast divisions between the states and made federalism fundamentally unstable. In The Divided States of America, Donald Kettl chronicles the history of a political system that once united the nation—and now threatens to break it apart. Exploring the full sweep of federalism from the founding to today, Kettl focuses on pivotal moments when power has shifted between state and national governments—from the violent rebalancing of the Civil War, when the nation almost split in two, to the era of civil rights a century later, when there was apparent agreement that inequality was a threat to liberty and the federal government should set policies for states to enact. Despite this consensus, inequality between states has only deepened since that moment. From health care and infrastructure to education and the environment, the quality of public services is ever more uneven. Having revealed the shortcomings of Madison's marvel, Kettl points to possible solutions in the writings of another founder: Alexander Hamilton. Making an urgent case for reforming federalism, The Divided States of America shows why we must—and how we can—address the crisis of American inequality.

Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.

"Federalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time. It does so with three main objectives in mind. The first objective is to convince readers that federalism is the primary animating force in Canadian politics, and that it is therefore worth engaging with its complex nature and dynamic. The second objective is to bring into closer focus the contested concepts about the meaning and operation of federalism that all along have been at the root of the divide between English Canada and Quebec in particular. The third objective is to give recognition to the trajectory of Canada's Indigenous peoples in the context of Canadian federalism, from years of abusive neglect to belated efforts of inclusion. The book focuses on the constitution with its ambiguous allocation of divided powers, the pivotal role of the courts in balancing these powers, and the political leaders whose interactions oscillate between intergovernmental conflict and cooperation. This focus on executive leadership and judicial supervision is framed by considerations of Canada's regionalized political economy and cultural diversity, giving students an interesting and nuanced view of federalism in Canada."--

“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.

What were the Founding Fathers really thinking when they gathered in the Pennsylvania State House to draft the United States Constitution? When answering this question, most have relied on The Federalist Papers, which was first published in book form after the close of the Convention, in 1788. To this day, the book's status is sacrosanct for most Americans. Yet as David Brian Robertson shows, the Papers represented one side of the debate and does not fully capturethe political sensibilities that produced the U.S. Constitution. Robertson, drawing from the full range of contemporary sources and not just the Papers, provides a truly authoritative account of the founders' collective political reasoning during the Convention. Organized thematically, each chapter covers a crucial Constitutional issue: the respective roles of the executive, the judiciary, and the legislature; the balance between the federal government and the states; slavery; and war and peace. In virtually every instance, the process was decidedly political, fractious, and piecemeal. As much as they wanted to design the government that would best serve their people, the Founders struggled to balance their broad ideals with self-interested policiesand procedures. Robertson's boldly revisionist account of the political horse-trading that dominated the Convention not only greatly enriches our understanding of the nation's founding; it also elucidates why the government they created has proven so difficult to use.

Samuel Beer reveals the provenance, purpose, and origins of the ideas of nationalism and federalism in American political philosophy. From the great English republicans of the 17th century to the conflicts of ideas that exist to this day, he reveals unsuspected dimensions that have shaped--and are still shaping--America.