Federalism : a dialogue / David L. Shapiro.
1995
KF4600 .S53 1995 (Map It)
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Details
Author
Title
Federalism : a dialogue / David L. Shapiro.
Published
Evanston, Ill. : Northwestern University Press, [1995]
Copyright
©1995
Call Number
KF4600 .S53 1995
ISBN
0810112809 (pbk. : alk. paper)
0810112620 (alk. paper)
0810112620 (alk. paper)
Description
ix, 154 pages ; 23 cm
System Control No.
(OCoLC)32347381
Bibliography, etc. Note
Includes bibliographical references (pages 143-150).
Record Appears in
Table of Contents
Acknowledgments
1
Introduction
1
2
The Case for Strong National Authority
14
AConcepts of Federalism Impose No Significant Constitutional Limits on the Exercise of National Authority or on the Displacement of State Law and Regulation by National Law
14
BThe Existence of Significant State Autonomy Is Economically Counterproductive
34
CStrong National Authority Is Needed in Order to Protect the Rights and Interests of Individuals and Groups
50
3
The Case for Federalism as a Constraint on National Authority
58
AThe 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
58
BThe Preservation of a Significant Policy-Making Role for the States Is Not Only Constitutionally Required But Also Economically, Socially, and Politically Desirable
4
Striking the Balance: Federalism and Dialogue
107
A
Introduction
107
BThe Constitutional and Structural Bases of Our Federal System
108
CThe Exercise of Discretion
118
DSome Concluding Thoughts: Federalism as a Dialogue
137
Postscript on the Decision in United States v. Lopez
141
Selected Bibliography
143