David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Federalism as balance between the federal government and the states is a deeply entrenched principle of American constitutional law. Without the idea of balance or some replacement concept, judges and constitutional scholars seem incapable of conceptualizing federalism and resolving federalist conflicts. The thesis of the Article is that federalism as balance must be reexamined to assess whether it is jurisprudentially sound. For this purpose, the Article introduces a framework for understanding balancing discourse generally. Upon examination, federalism as balance does not satisfy the requirements articulated by this framework. The result is that this conception has no discernible content and therefore can play no identifiable analytic role in either conceptualizing or resolving federalist conflicts. The failure of federalism as balance to be an analytically sound element in understanding federalism is an additional reason for reexamining the political safeguards argument for enforcing federalism. Without sufficient analytic content, federalism as balance is merely a rhetorical device which legislators can use just as well or as poorly as judges.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Summer Johnson (2008). Federalism, Federalism Everywhere. American Journal of Bioethics 8 (11):1 – 2.
Jacob T. Levy (2007). Federalism and the Old and New Liberalisms. Social Philosophy and Policy 24 (1):306-326.
Ronald A. Brand, Federalism and the Allocation of Sovereignty Beyond the State in the European Union.
Stuart Minor Benjamin & Ernest Young, Tennis with the Net Down: Administrative Federalism Without Congress.
Andrew Lynch & George Williams, Beyond a Federal Structure: Is a Constitutional Commitment to a Federal Relationship Possible?
Nicholas Aroney (2007). Subsidiarity, Federalism and the Best Constitution: Thomas Aquinas on City, Province and Empire. [REVIEW] Law and Philosophy 26 (2):161-228.
H. G. Callaway (2011). Review of Alison L. LaCroix Ideological Origins of American Federalism. [REVIEW] Law and Politics Book Review 21 (10):619-627.
Added to index2009-01-28
Total downloads11 ( #141,908 of 1,099,817 )
Recent downloads (6 months)4 ( #90,092 of 1,099,817 )
How can I increase my downloads?