Redefining Federalism : Listening to the States in Shaping "Our Federalism"
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.
- Paperback | 176 pages
- 149.9 x 226.1 x 15.2mm | 362.88g
- 01 Nov 2005
- West Academic
- Environmental Law Institute
- Minnesota, United States
About Douglas T Kendall
Doug Kendall, Community Rights Counsel's founder and Executive Director, serves as the editor of Redefining Federalism.Contributing authors include James E. Ryan, professor of law at the University of Virginia; Timothy Dowling, chief counsel at CRC; Jason Rylander, CRC's litigation and policy counsel; Jennifer Bradley, Federalism Project Director at CRC; and Jay Austin, Senior Attorney at The Environmental Law Institute.