The most fundamental challenge in the developing relationship between different levels of government in the United States is the evolving definition and view of federalism.
The relationship between federal governmental authority and responsibility on one hand, and that of the states and the local governments they created on the other, was defined by the concept of dual federalism in the early history of the United States. Dual federalism saw each component's duties effectively placed into self-contained silos.
Since the Civil War, but more intently since the New Deal, this relationship has evolved into what has been called cooperative federalism. In cooperative federalism, the different levels of government do not have duties that exist independent of other levels but, instead, overlap. The challenges this presents are two-fold.
First, cooperative federalism tends to favor the federal government over those of the states and localities. That is, the responsibilities of the federal government are more likely to spill into areas traditionally reserved for the states and localities than visa versa. This has been derisively called "one-way cooperative federalism."
Second, cooperative federalism does not have clearly defined limits and is in a state of continuous evolution, creating the need for continuous case law creation to determine its boundaries.
http://arizonastatelawjournal.org/wp-content/uploads/2017/11/Kincaid_Pub.pdf
Sunday, February 19, 2012
What does each level of government face as challenges in the developing relationships between local, state, and federal government?
Subscribe to:
Post Comments (Atom)
What is the theme of the chapter Lead?
Primo Levi's complex probing of the Holocaust, including his survival of Auschwitz and pre- and post-war life, is organized around indiv...
-
The statement "Development policy needs to be about poor people, not just poor countries," carries a lot of baggage. Let's dis...
-
Bacteria are single-celled microorganisms that thrive in diverse environments (such as the ocean, the soil, and the human body). Various bac...
-
Note that these events are not in chronological order. The story is told by the narrator, looking back upon her life. The first notable even...
-
It seems most likely you are asking about Michael Halliday's theories of language. He argues children have seven main functions they use...
-
Under common law, any hotel, inn, or other hospitality establishment has a duty to exercise "reasonable care" for the safety an...
-
James is very unhappy on a number of occasions throughout the story, but he's especially unhappy with his life situation as the story be...
-
One of the plot lines in Pride and Prejudice is Mrs. Bennet’s plan to marry off her daughters, preferably to rich men. Throughout the novel...
No comments:
Post a Comment