- Hardcover: 392 pages
- Publisher: OUP USA (12 Jan 2012)
- Language English
- ISBN-10: 0199737983
- ISBN-13: 978-0199737987
- Product Dimensions: 23.6 x 16.5 x 3.8 cm
- See Complete Table of Contents
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Review
"Erin Ryan offers an astute analysis of constitutional federalism both substantively and procedurally, and illustrates her points with exceptionally helpful examples from the national response to the Katrina disaster and a wide range of other federal and state efforts to deal with environmental problems. Her work is likely to become one of the handful of books that are part of the regular discourse about federalism."
--Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School
"This is a wonderful book. Professor Ryan places contemporary federalism debates in their broader historical and theoretical context, analyzes the sweep of Supreme Court precedent and legal scholarship, and reveals both the challenges and the opportunities that federalism presents for lawmaking. And, in an analysis that is simultaneously aspirational and pragmatic, Ryan proposes a new, balanced pathway for crafting laws that address some of the most pressing issues facing the nation. A tour de force of excellent legal analysis and scholarship."
--Richard Lazarus, Howard J. and Katherine W. Aibel Professor of Law, Harvard Law School
"This impressive volume challenges both the New Federalism of the Rehnquist and Roberts Courts and the anything-goes jurisprudence of its opponents, offering in their place a persuasive treatment of the values underlying constitutional federalism and a nuanced account of how to reconcile the tensions among them. This book should be of interest to all scholars of federalism."
--G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University
"Amidst all that has been written about federalism, Professor Erin Ryan has written a brilliant book that offers a new way of thinking about this important topic. At a time when some of the most important social issues are once again being fought over in terms of states' rights, Professor Ryan carefully examines the underlying values of fed
Product Description
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 implicating 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 Constitution's dual sovereignty directive fosters an ideal set of good governance values-including the checks and balances between opposing centers of power that protect individuals, governmental accountability that enhances democratic participation, local autonomy that enables interjurisdictional innovation, and the synergy that federalism enables between local and national regulatory capacity for coping with problems neither level could resolve alone. In adjudicating questions of federalism, faithfulness to these values should be the touchstone. But they are suspended in a web of tension, such that privileging one may encroach upon another in different contexts. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. Providing new conceptual vocabulary for wrestling with old dilemmas, Ryan traces federalism's tug of war through history and into the present, proposing a series of innovations to bring judicial, legislative, and executive efforts to manage it into more fully theorized focus. The book outlines a model of Balanced Federalism that mediates federalism tensions on three separate planes: (1) fostering balance among the competing federalism values, (2) leveraging the functional capacities of the three branches of government in interpreting federalism, and (3) maximizing the wisdom of both state and federal actors in so doing. Along the way, the analysis provides clearer justification for the ways in which the tug of war is already mediated through various forms of balancing, compromise, and negotiation. The new framework better harmonizes the values that-though in tension-have made the American system of government so effective and enduring.
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