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Federalism and the Tug of War Within

Federalism And The Tug Of War Within


Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself.The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.



  • Condition: --
    HPB condition ratings
    • New: Item is brand new, unused and unmarked, in flawless condition.
    • Fine/Like New (F): No defects, little usage. May show remainder marks. Older books may show minor flaws.
    • Very Good (VG): Shows some signs of wear and is no longer fresh. Attractive. Used textbooks do not come with supplemental materials.
    • Good (G): Average used book with all pages present. Possible loose bindings, highlighting, cocked spine or torn dust jackets. Used textbooks do not come with supplemental materials.
    • Fair (FR): Obviously well-worn, but no text pages missing. May be without endpapers or title page. Markings do not interfere with readability. Used textbooks do not come with supplemental materials.
    • Poor (P): All text is legible but may be soiled and have binding defects. Reading copies and binding copies fall into this category. Used textbooks do not come with supplemental materials.
    Conditions Guide
  • Format: Hardcover
  • Sold by: --
  • Language: English
  • Publisher: Oxford Univ Pr on Demand
  • ISBN-13: 9780199737987
  • ISBN: 0199737983
  • Publication Year: 2012
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HPB condition ratings
  • New: Item is brand new, unused and unmarked, in flawless condition.
  • Fine/Like New (F): No defects, little usage. May show remainder marks. Older books may show minor flaws.
  • Very Good (VG): Shows some signs of wear and is no longer fresh. Attractive. Used textbooks do not come with supplemental materials.
  • Good (G): Average used book with all pages present. Possible loose bindings, highlighting, cocked spine or torn dust jackets. Used textbooks do not come with supplemental materials.
  • Fair (FR): Obviously well-worn, but no text pages missing. May be without endpapers or title page. Markings do not interfere with readability. Used textbooks do not come with supplemental materials.
  • Poor (P): All text is legible but may be soiled and have binding defects. Reading copies and binding copies fall into this category. Used textbooks do not come with supplemental materials.
Conditions Guide
HPB condition ratings
  • New: Mint condition or still sealed (SS). Absolutely perfect in every way. New.
  • Fine/Like New (EX): No defects, little sign of use, well cared for. Plays perfectly. Close to new. Not necessarily sealed or unused, but close. Could be an unopened promotional or cut item. Sometimes called: mint-minus.
  • Very Good (VG): Will show some signs that it was played and otherwise handled by a previous owner who took good care of it.
  • Good (G): Attractive and well cared for, but no longer fresh. Minor signs of wear, scuffing or scratching, but will play almost perfectly. For vinyl: barely detectable crackles or pops.
  • Fair (FR): This item is in okay condition. For vinyl: good is not so good and the record may have low level crackles or pops when playing. CD: one or more tracks may skip.
  • Poor (P): Obviously well-worn and handled. Most vinyl collectors will not buy good or below, but some tracks on CD or vinyl will play.
Conditions Guide
HPB condition ratings
  • New: This movie is unopened and brand new.
  • Fine/Like New (EX): Near new. No defects, little sign of use. Plays perfectly. Not necessarily sealed or unused, but close. No skipping; no fuzzy or snowy frames in VHS.
  • Very Good (VG): Attractive and well cared for but no longer fresh. Minor signs of wear, but will play almost perfectly. For VHS: barely detectable distortion or very few fuzzy or snowy frames.
  • Good (G): This item is in okay condition and basically works well. There may be some minor distortion on VHS tape; slight scratching or wear on DVD.
  • Fair (FR): Basically plays, but may be obviously well-worn with some scratching or tape distortion.
  • Poor (P): Disc or tape is intact, but may be scratched or stretched. There may be skips or distortion or product defects.
Conditions Guide
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