The Divided States of America


Book Description

"As James Madison led America's effort to write its Constitution, he made two great inventions-the separation of powers and federalism. The first is more famous, but the second was most essential because, without federalism, there could have been no United States of America. Federalism has always been about setting the balance of power between the federal government and the states-and that's revolved around deciding just how much inequality the country was prepared to accept in exchange for making piece among often-warring states. Through the course of its history, the country has moved through a series of phases, some of which put more power into the hands of the federal government, and some rested more power in the states. Sometimes this rebalancing led to armed conflict. The Civil War, of course, almost split the nation permanently apart. And sometimes it led to political battles. By the end of the 1960s, however, the country seemed to have settled into a quiet agreement that inequality was a prime national concern, that the federal government had the responsibility for addressing it through its own policies, and that the states would serve as administrative agents of that policy. But as that agreement seemed set, federalism drifted from national debate, just as the states began using their administrative role to push in very different directions. The result has been a rising tide of inequality, with the great invention that helped create the nation increasingly driving it apart"--







Federalism in America


Book Description

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.




Redefining Federalism


Book Description

If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.










Next-Generation Homeland Security


Book Description

Security governance in the second decade of the 21st century is ill-serving the American people. Left uncorrected, civic life and national continuity will remain increasingly at risk. At stake well beyond our shores is the stability and future direction of an international political and economic system dependent on robust and continued U.S. engagement. Outdated hierarchical, industrial structures and processes configured in 1947 for the Cold War no longer provide for the security and resilience of the homeland. Security governance in this post-industrial, digital age of complex interdependencies must transform to anticipate and if necessary manage a range of cascading catastrophic effects, whether wrought by asymmetric adversaries or technological or natural disasters. Security structures and processes that perpetuate a 20th century, top-down, federal-centric governance model offer Americans no more than a single point-of-failure. The strategic environment has changed; the system has not. Changes in policy alone will not bring resolution. U.S. security governance today requires a means to begin the structural and process transformation into what this book calls Network Federalism. Charting the origins and development of borders-out security governance into and through the American Century, the book establishes how an expanding techno-industrial base enabled American hegemony. Turning to the homeland, it introduces a borders-in narrative—the convergence of the functional disciplines of emergency management, civil defense, resource mobilization and counterterrorism into what is now called homeland security. For both policymakers and students a seminal work in the yet-to-be-established homeland security canon, this book records the political dynamics behind the creation of the Department of Homeland Security, the impact of Hurricane Katrina and the ongoing development of what is now called the Homeland Security Enterprise. The work makes the case that national security governance has heretofore been one-dimensional, involving horizontal interagency structures and processes at the Federal level. Yet homeland security in this federal republic has a second dimension that is vertical, intergovernmental, involving sovereign states and local governments whose personnel are not in the President’s chain of command. In the strategic environment of the post-industrial 21st century, states thus have a co-equal role in strategy and policy development, resourcing and operational execution to perform security and resilience missions. This book argues that only a Network Federal governance will provide unity of effort to mature the Homeland Security Enterprise. The places to start implementing network federal mechanisms are in the ten FEMA regions. To that end, it recommends establishment of Regional Preparedness Staffs, composed of Federal, state and local personnel serving as co-equals on Intergovernmental Personnel Act (IPA) rotational assignments. These IPAs would form the basis of an intergovernmental and interdisciplinary homeland security professional cadre to build a collaborative national preparedness culture. As facilitators of regional unity of effort with regard to prioritization of risk, planning, resourcing and operational execution, these Regional Preparedness Staffs would provide the Nation with decentralized network nodes enabling security and resilience in this 21st century post-industrial strategic environment.




Foreign Affairs Federalism


Book Description

Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.




The American System


Book Description

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.