Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. Some of the most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. In the second edition of this nuanced and comprehensive text, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. New to the Second Edition Emphasizes that federalism is a battleground that shapes every life inAmerica. Extensively revised and updated, including new coverage of recent controversies like Ferguson, immigration, climate change, Obamacare, gay rights, the minimum wage, political polarization, voter identification, fracking, and marijuana legalization. Brings together the newest developments in history, political science, law,and related disciplines to show how federalism influences government and politics today. Includes chapter-opening vignettes that deal with contemporary cases and policy challenges.

"As James Madison led America's effort to write its Constitution, he made two great inventions-the separation of powers and federalism. The first is more famous, but the second was most essential because, without federalism, there could have been no United States of America. Federalism has always been about setting the balance of power between the federal government and the states-and that's revolved around deciding just how much inequality the country was prepared to accept in exchange for making piece among often-warring states. Through the course of its history, the country has moved through a series of phases, some of which put more power into the hands of the federal government, and some rested more power in the states. Sometimes this rebalancing led to armed conflict. The Civil War, of course, almost split the nation permanently apart. And sometimes it led to political battles. By the end of the 1960s, however, the country seemed to have settled into a quiet agreement that inequality was a prime national concern, that the federal government had the responsibility for addressing it through its own policies, and that the states would serve as administrative agents of that policy. But as that agreement seemed set, federalism drifted from national debate, just as the states began using their administrative role to push in very different directions. The result has been a rising tide of inequality, with the great invention that helped create the nation increasingly driving it apart"--

“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.

Defines the most important concepts and describes the models, institutions, court cases, policies, epochs, and personalities that shaped, or have been shaped by, American federalism.

Understanding federalism - the form of political organization that unites separate polities within an overarching political system so that all maintain their political integrity - is central to the study of democratic government in the United States. Yet, many political scientists treat federalism as a set of abstract principles or a maze of budgetary transfers with little connection to real political life. This concise and engaging book boils the discussion down to its essence: federalism is about power, specifically the tug for power among and within the various levels of government. Author Larry N. Gerston examines the historical and philosophical underpinnings of federalism; the various "change events" that have been involved in defining America's unique set of federal principles over time; and the vertical, horizontal, and international dimensions of federalism in the United States today. The result is a book examining the ways in which institutional political power is both diffused and concentrated in the United States.

Samuel Beer reveals the provenance, purpose, and origins of the ideas of nationalism and federalism in American political philosophy. From the great English republicans of the 17th century to the conflicts of ideas that exist to this day, he reveals unsuspected dimensions that have shaped--and are still shaping--America.

The author sketches a theory of relations among the nation's federal, state, and local governments. He begins with the assertion that all governments, even democratic governments, are dangerous and suggests a solution to the potential abuse of power by government as competitive federalism: the encouragement of rivalry among state and local governments to offer citizen-taxpayers the best array of public services at the lowest costs. If citizens feel that their taxes are too high or that the level of government benefits is too low, they can vote with their feet and move to other state or local governments where the balance between taxes and services is more to their liking. The more that government officials must confront this ultimate test of their decisions, the author concludes, the more they will pursue policies that match the public will.