Federalism and Social Policy: The Case of Domestic Violence

This paper challenges long standing critiques of federalism that suggest it stymies the development of progressive social policies. Through a case study of national domestic violence policies in Australia, this paper argues that not only can the curses of federalism – especially conservatism, duplication and overlap – be surmounted, but even more positively, under the right condition, federalism can enhance opportunities for the development of progressive social policy. While the Howard government has adopted a conservative approach to domestic violence, federal structures have made it possible to maintain an alternative discourse at the state level. Moreover, national policy coordination machinery has opened the path for policy learning and innovation between governments in this social policy area.     

Administration and Governance in a Compound Republic: Martha Derthick’s Contributions to the Study of American Federalism

Martha Derthick is among the most influential scholars of American federalism, administrative behavior, and domestic policy making. Her work over a half century has pioneered the study of policy implementation, administrative and political relationships in federal grant programs, intergovernmental policy making, as well as the evolution of the federal system. This essay reviews her major intellectual contributions to the fields of federalism, public administration, and intergovernmental relations.     

Schools with a Difference: Policy Discourses and Education Reform in Britain and Germany

Throughout the 1990s, corruption cases, policy failure and scandals tarnished Belgium's international reputation. In this article, we analyse the effect of federalism and political culture on corruption and policy failures and their impact on the likelihood of such occurrences becoming scandals. Survey material suggests that there are few differences between French- and Dutch-speakers in the perception and tolerance of corruption. We then list a number of variables that can explain corruption in Belgium and argue that the independent effect of federalism is very limited. Next we demonstrate that federalism has played a much more significant role in lowering the risk of policy failure, while at the same time creating a few new vulnerabilities. Finally, we argue that the regional political elites do not often engage in policy learning and frequently put forward federalism as the main solution to the avoidance of policy failure and scandal. In this sense, regional political elites do not seize the opportunity for policy experimentation and transfer that is generally seen as one of the main virtues of a federal system of government.     

Recasting German federalism? The politics of fiscal decentralization in post-unification Germany

Why did the ideas of fiscal decentralization gain such political currency in Germany in the late 1990s but meet such a relatively dismal political fate by the Summer of 2001? In answering this question, I propose a framework centered around the interaction of ideas and state institutions to study the politics of fiscal decentralization in advanced democratic nation-states. First, I show that the new set of politically-charged ideas of fiscal decentralization which gained political weight in Germany in the late 1990s were driven by economic problems associated with German unification, the increasing popularity of “fiscal federalism” in German policy circles, and a centerperiphery conflict within German political parties. Second, my analysis explains the political failure of these ideas despite their apparent popularity among political and policy elites. Here, I focus on the role of the upper house of the German parliament in order to explain why these ideas have had such little policy success. After demonstrating that the long-standing tradition of “cooperative” federalism has largely survived German unification, the paper concludes by discussing the potential impact of the European Union’s 1997 Growth and Stability Pact on German federalism.     

Laboratories of Democracy? Brandeis, Federalism, and Scientific Management

Although Louis Brandeis is rightly regarded as a champion offederalism, this article suggests that his famous depictionof the American states as "laboratories" of democracy in facthas little to do with federalism and in fad rests on an understandingof public policy inimical to federal diversity. More specifically,it argues that Brandeis's choice of metaphor largely reflectshis hope for scientifically based public policy, which in turnreflected the influence of Scientific Management upon his thought.The article concludes that abandoning Brandeis's metaphor wouldbe useful in rethinking the relations among states in the diffusionof innovations.     

Origin, Operation, and Significance: The Federalism of William H. Riker

William Riker transformed the study of federalism by advancingboth a methodological approach and numerous substantive propositions.Methodologically, he introduced students of federalism to thescientific approach of positive political science, illustratingthe development of "testable and tested generalizations." Substantively,he explained the origins of federal systems as a bargain amongpolitical leaders with expansionist and militaristic concerns.He argued that the United States was a politically centralizedfederal system from its founding. He linked the degree of centralizationin federal systems to the degree of centralization among theirpolitical parties. Despite all his work, though, Riker ultimatelydismissed federalism as a minor institution having little impacton policy outcomes.     

Federalism, the Bush Administration, and the Transformation of American Conservatism

Most recent Republican presidents have proposed signature federalisminitiatives intended to devolve power or sort out federal andstate functions. The Bush administration has not propoundedan explicit federalism policy of this sort, but its approachto federalism can be gleaned from analyzing presidential advocacyof legislation and constitutional amendments, fiscal policies,administrative actions, and judicial policies. What emergesfrom this analysis is an administration that has been surprisinglydismissive of federalism concerns and frequently an agent ofcentralization. In one sense, Bush is merely the latest in astring of presidents who have sacrificed federalism considerationsto specific policy goals when the two have come in conflict.However, the administration's behavior is somewhat surprising,given the president's background as a governor and the factthat he has been the first Republican president to enjoy Republicancontrol of Congress since 1954. Our explanation for the Bushapproach begins with the president's lack of any philosophicalcommitment to federalism and explores the changing status offederalism concerns within conservative ideology. Any explanationfor the Bush approach should account for this shifting politicaldynamic, which has seen Republicans in recent years become increasinglysupportive of exerting federal authority on behalf of theireconomic and social objectives, encouraging Democrats at timesto become more supportive of state authority.     

The politics of Belgium: Institutions and policy under bipolar and centrifugal federalism

This volume seeks to provide an integrated understanding of the Belgian political system through the prism of comparative politics. The transformation of the political system from a unitary into a federal system is used as a connecting theme linking the contributions. The volume is divided in two parts. The first part touches upon the sociological and institutional determinants of policy-making in Belgium, such as the dynamics of the Belgian federal system, the consociational features of the Belgian polity, the presence of a Belgian political culture (or of two distinct political cultures), the fragmentation of its party system and the role of political parties. The second part addresses policy performance and policy reform within the context of Belgian federalism, with a focus on divergence in policy performance and administrative practices, social security as a contentious federal policy area, policy failure and corruption and the impact of EU policies on the domestic federal order.     

Föderalismus und wohlfahrtsstaatliche Entwicklung. Österreich und die Schweiz im Vergleich

Starting from the stylised fact that federal institutions are held to be inimical to welfare state expansion, this paper examines the ways in which federalism has shaped the dynamics of welfare state development in Switzerland and Austria. A comparison of these different federal polities reveals that the welfare breaking effect attached to federalism crucially depends on the extent of vertical power separation. In both countries economic competition among constituent units did not fuel a race to the bottom in social standards. In Switzerland, the most important reason connected to federalism for why federal social policy was delayed and downsized was policy-preemption by the cantons and their considerable influence on the federal policymaking process. In contrast, the Austrian Länder neither had major social policy competencies nor an effective veto power which allowed them to block the centralisation of public policy. Instead, federalism is subordinate to the partisan arena at the central state level which itself is dominated by political parties quite favourable to welfare state expansion.     

The U.S. Senate and Federalism Policy in the 96th and 97th Congresses

Although the Congress of the United States has a major influenceon American federalism, there has been little systematic attentiongiven to what factors influence congressional voting on federalismissues. This article is an initial effort to address this question.Drawing on previous literature which has attempted to explainvoting decisions of congressmen, senators' "federalism" votingin the 96th and 97th Congresses is considered. The analysisindicates that ideology and party, especially the former, arethe major influences on senators' votes. Moreover, the variablesfound to be most important to senators' federalism votes appearsomewhat distinct from those that influence other domestic policies.Some suggestions for further research are also offered.     

Richard Weaver's Untraditional Case for Federalism

Although Richard M. Weaver's political writings do not offera systematic examination of federalism, they include a defenseof federalist arrangements. Because Weaver's federalism is centralto his conservatism, and because his argument for federalismdiffers from more common conservative defenses of federalismoffered in the twentieth century, his writings allow studentsof federalism to examine possible connections between federalismand conservative political thought.     

Pragmatic Federalism: Australian Federalism from Hawke to Howard

The article explores the nature of Australian federalism by examining four major themes in the period from Hawke to Howard. The investigation of these themes – Australian conceptions of federalism; the role of party in shaping federalism; the way problems and politics have influenced policy‐making and thereby federalism; and the nature of federal judicial review – suggests that Australian federalism can most accurately be characterised as pragmatic. It appears as a federalism shaped by pressing problems, specific policy agendas and the prevailing political dynamic, rather than by overarching conceptions of federalism derived from political theory or articulated in party ideology. This pragmatic federalism explains important aspects of Australian federalism, especially the trend towards centralisation of authority.     

Dead or Alive? The Federalism Revolution and Its Meaning for Public Administration

Federalism jurisprudence shapes the powers that public administrators have to achieve policy priorities. Federalism, however, is neither static nor simplistic as a concept, and a proper understanding of the environment in which public administrators work rests on a careful analysis of U.S. Supreme Court decisions. The authors review claims that a 2005 decision, Gonzales v. Raich, terminated a federalism revolution that had been ushered in a decade earlier. Does Raich in fact mark the end of the Supreme Court's federalism doctrine? Analysis of this question clarifies whether the past and current Court has articulated any direction touching on administrators' powers at both the national and state levels. The authors argue that before the federalism revolution is declared dead or alive, public administration can better understand the realities of the Supreme Court's doctrinal boundaries by examining a more detailed analysis of jurisprudence for what is says about the foundations of federalism such as the commerce clause, Fourteenth Amendment, Tenth Amendment, Eleventh Amendment, spending clause, and statutory interpretation issues.     

Bremst der Föderalismus den Leviathan? Bundesstaat und Sozialstaat im internationalen Vergleich, 1880–2005

This paper examines the impact of federal state structures on welfare state development in the six classic OECD federations since the 1880s. Starting from the widely acknowledged assumption in comparative public policy research that depicts federalism as an impediment to the expansion of the Leviathan, we demonstrate that federalism has facilitated as well as impeded social policy development. Development is contingent on several time-dependent factors, including the degree of democratization, the type of federalism, the stage of welfare state development and early distribution of social policy responsibility. Federalism also has had an impact on patterns of benefit provision, and we identify a variety of bypass strategies by which the six federations were able to overcome their built-in constitutional rigidities. These institutional changes had a lasting structural impact on the emerging patterns of social security. Overall, federalism has contributed to a status quo bias in social policy, not only because it delayed the early consolidation of national social programs but also, more recently, because it has protected the welfare state against retrenchment.     

ECONOMIC DEVELOPMENT, EMPLOYMENT AND TRAINING POLICY AND FEDERALISM

There are widespread misperceptions about the way in which American federalism has worked in the past and is working now. One is the belief that since the 1930s, the federal government has engaged in many new activities. Another misperception is that liberals support centralization and conservatives, decentralization. Actually, most Americans tend to be pragmatic. The vitality of this American pragmatism is seen in state economic development policies. States have provided leadership in initiating new economic development programs in such areas as foreign trade and enterprise zones. Four major patterns in American federalism characterize the emergence and development of most of these programs: responsiveness, elitism, pluralism, and experimentation. Implications for employment and training policy are examined.     

Daniel J. Elazar: Comparative Federalism and Post-Statism

Daniel J. Elazar made an enormous contribution to the comparativestudy of federalism both by his encouragement of internationalcollaboration among scholars and by the prolific number of hewrote or edited and articles he produced which analyzed theconceptual foundations for federalism internationally. An importantcontribution was the distinction he drew between as a broadgeneric term and the variety of its specific forms such as federations,confederations, federacies. A dominant theme in his recent workwas the notion that in the contemporary world, we seeing a paradigmshift from a world of nation-states to a world of reduced statesovereignty and constitutionalized linkages of a federal orconfederal character.     

George W. Bush, the Party System, and American Federalism

George W. Bush's presidency presents two major puzzles. TheRepublican Party has traditionally stood for "limited government,"but Bush's principal legacy for federalism is centralizationof power in the federal government and the executive branch.Most modern presidents have neglected their partisan duties,but Bush has been a uniquely vigorous party leader. Here, weshow that Bush's puzzling lack of attention to federalism issuesis in large part the result of his efforts to strengthen theRepublican Party to cope with the political and electoral challengescharacteristic of the contemporary political context. We explainwhy the Bush administration's strategy for redressing the Republicanparty's shortcomings has presupposed the deprecation of federalism,and consider the implications of our argument for the developmentof federal arrangements.     

How to not speak the ‘F‐word’: Federalism between mirage and imperative in the euro crisis

The recent financial and debt crisis has resuscitated the debate about European federalism – a theme that seemed not to have survived the painful constitutional adventure that ended with the ratification of the Lisbon Treaty in 2009. With the adoption of significant policy and institutional measures for tightening macroeconomic and budgetary coordination (including a constitutionally enshrined debt brake), the reforms of the monetary union have undisputedly brought the European Union further on the path towards an ever closer union. In an era where EU integration has been increasingly politicised, and Euroscepticism has been on the rise and exploited by anti‐system parties, national leaders have to face a political hiatus and respond to increased needs for symbolic and discursive legitimation of further federalisation. This is all the more crucial for French and German leaders who have brokered the main decisions during the crisis of the eurozone. Against this background, the purpose of this article is not to assess whether, or to what extent, the recent reforms of economic and monetary union have made the EU more federal. Rather, the purpose is to tackle the following puzzle: How have EU leaders legitimised the deepening of federal integration in a context where support for more European federalism is at its lowest? To elucidate this, a lexicographic discourse analysis is conducted based on all speeches held by the German Chancellor Merkel and the two French Presidents Sarkozy and Hollande, previous to, or after European summits from early 2010 until the spring of 2013. The findings indicate that federalism is both taboo and pervasive in French and German leaders' discourse. The paradox is barely apparent, though. While the ‘F‐word’ is rarely spoken aloud, two distinctive visions co‐exist in the French and German discourse. The coming of age of a political union through constitutional federalism is pictured as ineluctable, yet as a distant mirage out of reach of today's decision makers. At the same time, the deepening of functional federalism in order to cope with economic interdependence is a ubiquitous imperative that justifies further integration. The persisting gap between the constitutional and the functional vision of European federalism has crucial implications. Insofar as the Union is held responsible for not delivering successful economic policy, political leaders will fail to legitimise both functional and constitutional federalism.     

A tale of three cities: Washington‐Paris‐Bonn and triangular asymmetry

This article has two main aims: to identify the sources of Presidential power under the long‐serving Urho Kekkonen and to delineate his important, if at times strictly unconstitutional, role in the domestic policy process. Stress is given to the prestige accruing from his successful handling of Fenno‐Soviet relations and how, when traditional cleavages have threatened the central task of economic management, Kekkonen has used his enhanced authority to mediate. At such times of consensualism in crisis, the Finnish system has been both President‐dominant and President‐reliant.     

Mechanisms of environmental policy change in a federal system: The case of open federalism and the 2006–15 Harper government

Between 2006 and 2011, the Canadian Conservative government advocated the concept of ‘open federalism’ which sought to minimize the role of the federal government in areas falling under provincial jurisdiction. Environmental policy-making was particularly impacted with the passage of the highly contentious 2012 omnibus Jobs, Growth and Long-term Prosperity Act, commonly known as Bill C-38. This paper argues that environmental policy needs to ‘bring back federalism’ into their analysis. In order to do so, a mechanisms approach is employed and focuses on the role of both macro and meso level historical institutionalism mechanisms in explaining policy layering and policy dismantling during this period.