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 hasbecome coercive because there has been a vast expansion of federal-governmentpower over the states since the 1960s. This coercion involves, amongother...

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Bibliographic Details
Main Author: John Kincaid
Format: Article
Language:Catalan
Published: Institut d'Estudis de l'Autogovern 2008-04-01
Series:Revista d'Estudis Autonòmics i Federals
Subjects:
Online Access:http://www10.gencat.cat/drep/binaris/reaf6_Kincaid_tcm112-75373.pdf
Description
Summary:Contemporary U.S. federalism is a complex mixture of coercive, cooperative,and dual elements. Constitutionally and politically, the federal system hasbecome coercive because there has been a vast expansion of federal-governmentpower over the states since the 1960s. This coercion involves, amongother things, increased regulations attached to federal grants-in-aid, mandatesimposed on the states, and federal preemptions of state powers. Neitherthe U.S. Senate nor the Supreme Court or the president serves as a protectorof state powers today. Administratively, however, intergovernmentalrelations between the federal, state, and local governments remain highlycooperative. State and local officials implement and comply with federalgovernmentpolicies and occasionally obtain concessions and adjustmentsin implementation from federal officials. At the same time, the states stillretain considerable residual powers, which, along with their substantial fiscalcapacities, allow them to engage in independent and innovative policymakingin a large number of policy fields. State policy activism in suchfields as consumer protection, criminal justice, environmental protection,health care, and worker rights has, in part, been a reaction against coercivefederalism and, in turn, has often highlighted weaknesses in comparablefederal-government policies.
ISSN:1886-2632