TITLE

Fragmented Federalism: The State of American Federalism 2012–13

AUTHOR(S)
Bowling, Cynthia J.; Pickerill, J. Mitchell
PUB. DATE
July 2013
SOURCE
Publius: The Journal of Federalism;Jul2013, Vol. 43 Issue 3, p315
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Intense party polarization at the state and federal levels has hindered the adoption and implementation of numerous policies. One of the most important ways we see “fragmented federalism” is in the patchwork of policies across the country, created by factions and implemented in fragments across and within conflicted institutions throughout 2012–13. Implementation of various policies—notably education and health care—has been plagued by partisanship, pushback, and uncertainty. Operating under conditions of fiscal stress and a federal budget plagued by roadblocks has further complicated planning and program implementation at all government levels. Finally, Supreme Court decisions continue to contribute to the fragmented nature of federalism by alternately protecting state sovereignty from federal intrusion and at other times endorsing broad federal preemption of state laws.
ACCESSION #
88429908

 

Related Articles

  • DOUBLE IMMUNITY. Tang, Aaron // Stanford Law Review;Feb2013, Vol. 65 Issue 2, p279 

    The Rehnquist Court's so-called "Federalism Revolution" has received no shortage of scholarly attention. Under the conventional narrative, the Court pushed back against the encroaching tide of federal power in three spheres: it limited the scope of Congress's Commerce Clause authority, struck...

  • Our [National] Federalism. GLUCK, ABBE R. // Yale Law Journal;Apr2014, Vol. 123 Issue 6, p1996 

    "National Federalism" best describes the modern allocation of state and federal power, but it is a federalism without doctrine. Federalism today comes primarily from Congress- through its decisions to give states prominent roles in federal schemes and so to ensure the states' continuing...

  • High court ruling opens Medicaid escape hatch for states. Wall, J. K. // Indiana Lawyer;7/6/2012, Vol. 23 Issue 9, p9 

    The article reports on an escape hatch for states opened by the U.S. Supreme Court on June 28, 2012 which opposes the expansion of their Medicaid programs. Mike Grubbs, Barnes & Thornburg LLP's health care lawyer, says that the ruling will give states more leverage to create arrangements with...

  • Day 2 -- DOMA. Johnson, Chris // Bay Windows;3/28/2013, Vol. 31 Issue 16, p1 

    The article reports on the intense interrogation that occurred at the U.S. Supreme Court during oral arguments as justices grilled attorneys on standing and federalism issues related to the Defense of Marriage Act (DOMA).

  • ARTICLE I, ARTICLE III, AND THE LIMITS OF ENUMERATION. Seinfeld, Gil // Michigan Law Review;Jun2010, Vol. 108 Issue 8, p1389 

    Article I, Section 8 and Article III, Section 2 of the U.S. Constitution deploy parallel strategies for constraining the power of the federal government. They enumerate powers that the national legislature and judiciary, respectively, are permitted to exercise and thereby implicitly prohibit...

  • FOREWORD. Kende, Mark S. // Drake Law Review;Summer2013, Vol. 61 Issue 4, p949 

    An introduction is presented in which the author discusses various reports within the issue on topics including the U.S. Constitution, American federalism, and the U.S. Supreme Court's confirmation process.

  • IT'S A BIG YEAR FOR STORMWATER RUNOFF. SORONEN, LISA // Capitol Ideas;Nov/Dec2012, Vol. 55 Issue 6, p12 

    The article offers information about the State and Local Legal Center amicus curiae briefs in two stormwater cases which are being heard in the U.S. Supreme Court. It examines stormwater cases of the Northwest Environmental Defense Center and the Los Angeles County Flood Control District. It...

  • Individual Liberty and the Constitution. Bork, Robert // American Spectator;Jun2008, Vol. 41 Issue 5, p30 

    The article discusses individual liberty and U.S. constitutional history, noting that the original, unamended U.S. Constitution said little about individual liberties, leaving the issue largely to the states. The Federalist position on the issue is discussed, as are the changes over time in the...

  • Immigration's Next Chapter. WALSH, MARK // ABA Journal;Apr2012, Vol. 98 Issue 4, p22 

    The article presents information on the problems related to illegal immigration and the role of U.S. Supreme Court in deciding the constitutionality of the legislative response of the states. A focus is on the police-centric provisions and the law of Senate Bill 1070 of Arizona which requires...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics