Enhancing Government: Federalism for the 21st Century

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Stanford University Press, May 22, 2008 - Political Science - 312 pages
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Federalism the division of power between national and state governments has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further.

In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection.

The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government as the Court and Congress are now doing in the name of federalism is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.

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About the author (2008)

Erwin Chemerinsky is the Alston & Bird Professor of Law and Political Science at Duke University. In July 2008, he will become the founding Dean of the Donald Bren School of Law at the University of California, Irvine. He is the author of four books, including, Federal Jurisdiction (2003) and Constitutional Law: Principles and Policies (2002). He frequently argues appellate cases, many in the United States Supreme Court.

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