Erin Ryan

Federalism and the Tug of War Within (eBook, PDF)

• Format: PDF

Produktbeschreibung

Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional 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 checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 25. November 2011
• Englisch
• ISBN-13: 9780199876334
• Artikelnr.: 40175347

Autorenporträt

Erin Ryan is Associate Professor of Law at Lewis & Clark Law School where she teaches federalism, environmental and land use law, property, and negotiation. She taught at the University of California-Hastings College of the Law before joining the full-time law faculty at The College of William and Mary in 2004. She was awarded a Fulbright grant to study multijurisdictional governance in China for the 2011-12 academic year, and she joins the faculty at the Northwestern School of Law at Lewis & Clark College thereafter. Ryan is a graduate of Harvard Law School, where she was an editor of the Harvard Law Review and a Hewlett Fellow at the Harvard Negotiation Research Project. She clerked for Chief Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit. Professor Ryan has presented on federalism theory at academic and administrative venues in the United States, Europe, and Asia, such as the Ninth Circuit Judicial Conference, the U.S. Department of Agriculture, and the United Nations Institute for Training and Research. She advised National Sea Grant interjurisdictional governance projects involving the Chesapeake Bay watershed and consulted with the United States Air Force and various universities on developing sustainability programs. She has appeared on National Public Radio, in the Chicago Tribune, the London Financial Times, and other news outlets, and in the PBS Newshour and Christian Science Monitor's Patchwork Nation project.

Inhaltsangabe

Introduction
Part I: Federalism and the Tug of War Within
I. Which Federalism?: The Choice and the Stakes
II. Federalism and the Tug of War Within
III. American Federalisms: From New Foundations to New Federalism
Part II: The Interjurisdictional Gray Area
IV. The Rehnquist Revival of Jurisdictional Separation
V. The Interjurisdictional Gray Area
Part III: Balanced Federalism
VI. The Role of Courts: Tenth Amendment Balancing
VII. Legislative Balancing Through Intergovernmental Bargaining
Part IV: Negotiating Federalism
VIII. The Role of the Political Branches: Negotiating Federalism
IX. The Structural Safeguards of Federalism Bargaining
X. The Procedural Tools of Interpretive Balancing
Conclusion: Toward Balance in Federalism