Download or read book Concurrent Powers in Federal Systems written by Nico Steytler and published by BRILL. This book was released on 2017-01-09 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.

Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

Download or read book Concurrent Powers in a Federal Or Quasi federal System written by Dion André Basson and published by . This book was released on 1995 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Download or read book Distribution of Powers and Responsibilities in Federal Countries written by Forum of Federations and published by McGill-Queen's Press - MQUP. This book was released on 2006 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation A comparative analysis of eleven diverse federal countries through case studies illustrating federalism's diversity, challenges, and opportunities.

Download or read book The Lander and German Federalism written by Arthur Gunlicks and published by Manchester University Press. This book was released on 2003-11-22 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.

Download or read book New Views of the Constitution of the United States written by John Taylor and published by . This book was released on 1823 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Federalism and Covid 19 written by Nico Steytler and published by Routledge. This book was released on 2021-10-27 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts. The Covid-19 pandemic presented an unprecedented emergency for countries worldwide, including all those with a federal or hybrid-federal system of government, which account for more than 40 per cent of the world’s population. With case studies from 19 federal countries, this book explores the core elements of federalism that came to the fore in combatting the pandemic: the division of responsibilities (disaster management, health care, social welfare, and education), the need for centralisation, and intergovernmental relations and cooperation. As the pandemic struck federal countries at roughly the same time, it provided a unique opportunity for comparative research on the question of how the various federal systems responded. The authors adopt a multidisciplinary approach to question whether federalism has been a help or a hindrance in tackling the pandemic. The value of the book lies in understanding how the Covid-19 pandemic affected federal dynamics and how it may have changed them, as well as providing useful lessons for how to combat such pandemics in federal countries in the future. This book will be of great interest to students and scholars of politics and international relations, comparative federalism, health care, and disaster management. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Download or read book Federalism State Sovereignty and the Constitution written by Kenneth R. Thomas and published by DIANE Publishing. This book was released on 2011 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. The lines of authority between states and the federal gov¿t. are, to a significant extent, defined by the U.S. Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to re-evaluate this historical relationship. This report discusses state and federal legislative power, focusing on a number of these ¿federalism¿ cases. The report does not, however, address the larger policy issue of when it is appropriate ¿ as opposed to constitutionally permissible ¿ to exercise federal powers. Contents: Powers of the States; Powers of the Federal Gov¿t.; The Commerce Clause; The 14th Amendment; The 10th Amendment; 11th Amend. and State Sovereign Immunity; The Spending Clause; Conclusion.

Download or read book Preemption Choice written by William W. Buzbee and published by Cambridge University Press. This book was released on 2008-12-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.

Download or read book Dynamic Federalism written by Patricia Popelier and published by Routledge. This book was released on 2021-03-09 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic Federalism will be an essential resource for legal, social, economic, and political scholars interested in federalism, regionalism, and de/centralization.

Download or read book Federal Systems of the World written by Daniel Judah Elazar and published by . This book was released on 1994 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book I Citizen written by Tony Woodlief and published by Encounter Books. This book was released on 2021-12-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a story of hope, but also of peril. It began when our nation’s polarized political class started conscripting everyday citizens into its culture war. From their commanding heights in political parties, media, academia, and government, these partisans have attacked one another for years, but increasingly they’ve convinced everyday Americans to join the fray. Why should we feel such animosity toward our fellow citizens, our neighbors, even our own kin? Because we’ve fallen for the false narrative, eagerly promoted by pundits on the Left and the Right, that citizens who happen to vote Democrat or Republican are enthusiastic supporters of Team Blue or Team Red. Aside from a minority of party activists and partisans, however, most voters are simply trying to choose the lesser of two evils. The real threat to our union isn’t Red vs. Blue America, it’s the quiet collusion within our nation’s political class to take away that most American of freedoms: our right to self-governance. Even as partisans work overtime to divide Americans against one another, they’ve erected a system under which we ordinary citizens don’t have a voice in the decisions that affect our lives. From foreign wars to how local libraries are run, authority no longer resides with We the People, but amongst unaccountable officials. The political class has stolen our birthright and set us at one another’s throats. This is the story of how that happened and what we can do about it. America stands at a precipice, but there’s still time to reclaim authority over our lives and communities.

Download or read book The Constitution and the American Federal System written by Robert A. Sedler and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American federal system as we know it today was not planned. We did not adopt a Constitution at the time of Independence or at any time thereafter establishing the structure of a federal system and allocating power between the federal government and the states. Rather the structure of the American federal system has evolved over a period of time as a result of the Supreme Court's interpretation of the provisions of the Constitution dealing with federal and state power and the Court's development of constitutional policy with respect to the nature and operation of the American federal system. The American federal system consists of four components: (1) state sovereignty and constitutional limitations on state power; (2) the powers of the federal government; (3) the relationship between the federal government and the states; and (4) the relationship between the states. In this writing, I will set forth the constitutional doctrine applicable to each of these four components. It is my hope that in so doing, I will succeed in explaining the structure of the American federal system. I will also demonstrate that, for the most part, constitutional doctrine relating to state and federal power and to the relationship between the federal and state governments and between the states themselves is fairly well-settled, and such change, as may be occurring, is mostly around the edges. The essential nature of the American federal system, as it has evolved from many years of constitutional interpretation by the Supreme Court, remains unchanged. There are three basic propositions underlying the American federal system. First is the matter of state sovereignty. The American federal system, as it now exists, began with the states. In American constitutional theory, upon Independence, the newly-formed states succeeded to the power over domestic matters formerly exercised by the British Crown, and as each new state was admitted to the Union, it automatically became entitled to exercise this power. Thus, state sovereignty is a “given” in the American constitutional system, and the states do not depend on the federal Constitution for the source of their sovereignty. The states exercise full sovereignty over domestic matters except to the extent that a particular exercise of such sovereignty is prohibited or restricted by the Constitution. In terms of allocation of power, the Constitution restricts state sovereignty over domestic matters in essentially three ways. First, it provides that certain powers, very few in number, are exclusively federal powers, in the sense that they cannot be exercised by the states at all, such as the power to enter into a treaty or the power to coin money, or can only be exercised by the states with the consent of Congress, such as the power to impose a duty of tonnage or to the power to enter into a compact with another state or foreign government. Second, under the Supremacy Clause there is federal supremacy in the event of a conflict between federal and state power. Congress then has the power to preempt state regulation over particular issues or over particular areas of activity. Federal preemption is very important in practice, and preemption cases come before the Court with considerable frequency. It is with respect to preemption that the matter of “states rights” is most starkly presented, and we will see that in the area of preemption, both Congress and the Court have tried to strike a balance between the principle of federal supremacy and the principle of state sovereignty. Third, the Court has held that the affirmative grant of the commerce power to Congress has a negative or dormant implication, and we will see that the negative aspect of the Commerce Clause imposes some important, but precisely defined, limitations on the power of the states to regulate and tax interstate and foreign commerce. Subject only to these limitations, the American states have plenary power over all activity that takes place within their boundaries. The second proposition is that the dominant feature of the American federal system as regards domestic matters is concurrent power. While in constitutional theory the powers of the federal government are only those enumerated in the Constitution, we know that those powers, particularly the power of Congress over interstate and foreign commerce, have been construed very broadly by the Court, so that with few exceptions, today virtually any activity is subject to congressional regulation. The expansive interpretation of federal power interacts with state sovereignty, with the result that to a large extent, both the states and Congress have enormous regulatory power and both can usually regulate the same activity. Thus, it can be said that the dominant feature of the American federal system as regards domestic matters is concurrent power. And for the most part, the reach of federal and state power and the resolution of conflicts between federal and state power is essentially settled by existing constitutional doctrine. The third proposition is that the states form a national union. It cannot be disputed that a primary motivating force behind the calling of the constitutional convention in 1787 and the resulting new Constitution was to transform the loose confederation of sovereign states into one nation, an “indestructible union composed of indestructible states” and to “constitute the citizens of the United States as one people.” The provisions of Article IV, Section 1, dealing with Full Faith and Credit to judgments and public acts of sister states, and Article IV, Section 2, dealing with Privileges and Immunities of the citizens of sister states and interstate rendition, are specifically directed toward this end. We will discuss both provisions in our discussion of the relationship between the states themselves. In addition, precisely because the United States is a federal union, there is a generic right of citizens to travel from one state to another. Finally, the Constitution requires that Congress admit new states to the Union on an “equal footing” with the same attributes of sovereignty as were possessed by the original thirteen states, and that the United States guarantee to each state “a republican form of government,” and to protect the states against invasion or domestic violence. For the last decade or so, there has been considerable academic debate on the subject of federal and state power, revolving around the contention that the Supreme Court should curtail the range of federal power and to that extent avoid possible interference with the exercise of state power. On the Court itself, particularly under the leadership of former Chief Justice William H. Rehnquist, there have been expressions of concern about the expansion of federal power operating to diminish traditional areas of state authority. As we will see, there have been two cases, one in 1995, and one in 2000, where the Court has ruled against the exercise of federal power under the Commerce Clause. However, these were very narrow decisions that did not undercut the line of growth of decisions expanding the range of federal power. And in the Court's most recent decision dealing with the exercise of federal power, it appeared that the Court was coming down even more strongly on the side of federal power when it held that so long as the class of activities that Congress was regulating came within the reach of federal power, it was not necessary to show that Congress could independently regulate the local activity that came within that class of activities. In my opinion, the academic debate on the subject of federal and state power is truly academic, and I have no interest in participating in it. Again, my purpose in this writing is to explain the structure of the American federal system and to demonstrate that the essential nature of the American federal system, as it has evolved from many years of constitutional interpretation by the Supreme Court, has not changed and is not likely to do so.

Download or read book The Spending Power in Federal Systems written by Ronald Lampman Watts and published by Kingston, Ont. : Institute of Intergovernmental Relations, Queen's University. This book was released on 1999 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparing Federal Systems written by Ronald Lampman Watts and published by Queen's Policy Studies. This book was released on 2008 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: At present there are 24 federations in the world composing a variety of forms and variations, this text provides an analysis of the design and operation of a sample of federations, including the U.S., Australia, Germany, India and Spain.