Chapter

Which Federalism?: The Choice and the Stakes

Erin Ryan

in Federalism and the Tug of War Within

Published in print December 2011 | ISBN: 9780199737987
Published online January 2012 | e-ISBN: 9780199918652 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199737987.003.0001
Which Federalism?: The Choice and the Stakes

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The introduction outlines the questions the book addresses, charts the course of the discussion, and introduces its theoretical approach. It lays out the book’s central argument that federalism is best understood not just in terms of the conflict between states’ rights and federal power, or the debate over judicial constraints and political process, or even the dueling claims over original intent—but instead through the inevitable conflicts that play out among federalism’s core principles. It reviews the interpretive federalism quandaries that have preoccupied jurists over the years, including what level of government should trump in different policymaking arenas, which branch of government should make those calls, and the purpose of dual sovereignty in the first place. It introduces the Tenth Amendment and environmental and land use law as ideal laboratories for the analysis, and explains how the book’s argument proceeds through its Four Parts. Finally, it situates the Balanced Federalism proposal within the overall federalism safeguards debate and the emerging dynamic federalism literature.

Keywords: states’ rights; federal power; judicial constraints; political process; original intent; federalism values; dual sovereignty; tenth Amendment; environmental law; land use law; balanced Federalism; federalism safeguards; dynamic federalism

Chapter.  14225 words. 

Subjects: Constitutional and Administrative Law

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