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Federalism: Political Identity and Tragic Compromise
Malcolm M. Feeley and Edward RubinFederalism is one of the most influential concepts in modern political discourse as well as the focus of immense controversy resulting from the lack of a single coherent definition. Malcolm M. Feeley and Edward Rubin expose the ambiguities of modern federalism, offering a powerful but generous treatise on the modern salience of the term.
—Sanford Levinson, University of Texas at Austin
"At last, an insightful examination of federalism stripped of its romance. An absolutely splendid book, rigorous but still accessible."
—Larry Yackle, Boston University
"Professors Feeley and Rubin clearly define what is and is not federal system. This book should be required for serious students of comparative government and American government."
—G. Ross Stephens, University of Missouri, Kansas City
"Feeley and Rubin have written a brilliant book that looks at federalism from many different perspectives—historical, political, and constitutional. Significantly expanding on their earlier pathbreaking work, they have explained the need for a theory of federalism and provided one. This is a must read book for all who are interested in the Constitution."
—Erwin Chemerinsky, Duke University School of Law
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Cover
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Title
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Copyright
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Dedication
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CONTENTS
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Preface
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INTRODUCTION: WHY WE NEED A THEORY OF FEDERALISM
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CHAPTER 1. WHAT IS FEDERALISM?
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Two Basic Concepts: Political Identity and Federalism
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Political Identity
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Federalism
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Federalism Distinguished
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From Consociation
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From Decentralization
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From Local Democracy
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From Democracy in General
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CHAPTER 2. WHY FEDERALISM? THE TRAGIC ASPECT OF POLITICS
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The Role of Federalism in the Creation of Regimes
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The Autocratic Origins of Government
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The Role of Federalism
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The Function of Federalism in Ongoing Regimes
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The View from the Center
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The View from the Regions
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The Criteria for Federalism
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Attitudinal Criteria
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Structural Criteria
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CHAPTER 3. FEDERALISM IN POLITICAL SCIENCE
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Process Federalism
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Fiscal Federalism
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The Landscape of Fiscal Federalism
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Is Fiscal Federalism a Theory of Federalism?
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Public Choice Theory and Positive Political Theory
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Riker's Theory of Federalism
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Other Positive Political Theories and Related Approaches
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CHAPTER 4. FEDERALISM IN AMERICA
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The Colonial Period (1604–1776)
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The Federal Period (1776–1865)
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The National Period (1865 to the Present)
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The Evolution of a National Identity
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Assessing America's Need for Federalism
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CHAPTER 5. THE JUDICIAL DOCTRINE OF FEDERALISM
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The Relevance of Legal Doctrine
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The Enumerated Powers of Congress
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The Tenth Amendment and the Political Integrity of States
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The Eleventh Amendment and Sovereign Immunity
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CONCLUSION
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Notes
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Selected Bibliography
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Name Index
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Subject Index
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- 978-0-472-03481-9 (paper)
- 978-0-472-02483-4 (ebook)