Which federalism? : The choice and the stakes -- Federalism and the tug of war within -- American federalisms : from new foundations to new federalism -- The Rehnquist revival of jurisdictional separation -- The interjurisdictional gray area -- The role of the courts : tenth amendment balancing -- Legislative balancing through intergovernmental bargaining -- The role of the political branches : negotiating federalism -- The structural safeguards of federalism bargaining -- The procedural tools of interpretive balancing -- Conclusion. Toward balance in federalism.
Summary
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 that implicate both 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 book traces federalism's internal struggle through history and into the present, proposing a series of innovations to bring judicial, legislative, and executive efforts to manage the values tug of war within federalism into more fully theorized focus.
