Contemporary u.s. federalism: coercive change with cooperative continuity
Contemporary U.S. federalism is a complex mixture of coercive, cooperative, and dual elements. Constitutionally and politically, the federal system has become coercive because there has been a vast expansion of federal-government power over the states since the 1960s. This coercion involves, among o...
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| Format: | Article |
| Language: | English |
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Generalitat de Catalunya: Institut d'Estudis Autonòmics
2008
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=2601994 |
| Source: | Revista d'estudis autonòmics i federals, ISSN 1886-2632, Nº. 6, 2008, pags. 10-36 |
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| Summary: |
Contemporary U.S. federalism is a complex mixture of coercive, cooperative, and dual elements. Constitutionally and politically, the federal system has become coercive because there has been a vast expansion of federal-government power over the states since the 1960s. This coercion involves, among other things, increased regulations attached to federal grants-in-aid, mandates imposed on the states, and federal preemptions of state powers. Neither the U.S. Senate nor the Supreme Court or the president serves as a protector of state powers today. Administratively, however, intergovernmental relations between the federal, state, and local governments remain highly cooperative. State and local officials implement and comply with federalgovernment policies and occasionally obtain concessions and adjustments in implementation from federal officials. At the same time, the states still retain considerable residual powers, which, along with their substantial fiscal capacities, allow them to engage in independent and innovative policymaking in a large number of policy fields. State policy activism in such fields as consumer protection, criminal justice, environmental protection, health care, and worker rights has, in part, been a reaction against coercive federalism and, in turn, has often highlighted weaknesses in comparable federal-government policies. |
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