The Supreme Court and the Federal System: Federalism from Warren to Burger

The question of the relation of the states to the federal governmentis the cardinal question of our constitutional system. It cannotbe settled by the opinion of any one generation, because itis a question of growth, and each successive stage of our politicaland economic development gives it a new aspect, makes it a newquestion.¹     

The Literature on Nigerian Federalism: A Critical Appraisal

There is a large body of literature on federalism in Nigeriacovering such major issues as the origins of Nigerian federalism,requisites of federalism, federalism versus other forms of association,the number of state units in the federal system, fiscal issues,political parties, distributional issues, and intergovernmentalrelations. However, a number of issues have received relativelylittle scholarly attention, including the economic aspects ofNigerian federalism, population movements and the federal arrangement,language policies, federal ethics, and various critical governmentaland nongovernmental institutions. There is a need to establishinstitutions for the study of federalism in Nigeria and to reduceethnic and ideological biases in research on Nigerian federalism.     

The Economics of Nigerian Federalism: Selected Issues in Economic Management

Nigeria's economic difficulties are due primarily to public-sectormismanagement exacerbated by the dynamics of federalism andstate creation and by the growth in centralized federal power.Monetary policy has been inadequate, fiscal policy has rewardedstate governments but not brought their spending policies inline with their own resources and with national economic objectives,and resources have been consistently misallocated, largely becauseof the principle of "federal character." Recent efforts to deregulateand privatize the economy show promise, but the success of economicdevelopment will depend greatly on the future civilian or militarygovernance of Nigeria.     

The State of American Federalism, 2005: Federalism Resurfaces in the Political Debate

After several years during which federalism was rarely a prominentor explicit issue in political debates, it was in several waysthrust into the public consciousness in 2005. It was not thatthe president or Congress ceased sacrificing state and localinterests to substantive policy goals, as shown by the costlyREAL ID Act, stringent new federal requirements in the TemporaryAid to Needy Families reauthorization, and congressional interventionin the Terri Schiavo case. However, Hurricane Katrina, and particularlythe delayed and ineffective intergovernmental response, generatedsubstantial debate about the appropriate federal role in disasterrelief. In addition, state and local governmental oppositionto the No Child Left Behind Act intensified and generated significantattention during the year, particularly as a result of a Utahstatute asserting the precedence of state over federal law anda Connecticut lawsuit against the act. Meanwhile, state governmentscontinued to address a number of policy problems that federalofficials were unable or unwilling to confront, especially regardingenvironmental, health-care, and labor issues. Finally, althoughthe Supreme Court in 2005 continued its recent (2003–2004)trend of pulling back somewhat from its late-1990s Congress-curbingdecisions, federalism issues figured quite prominently in thesenate confirmation hearings for Chief Justice John Robertsand Justice Samuel Alito.     

Federalism and Education Planning in the Federal Republic of Germany

In 1969 demands for greater rationality in education planninggave rise to new institutionalized forms of cooperation betweenthe federation and the Länder. Conflicts between the federaland Land governments, partisan conflicts, and financial conflictsoverlapped this cooperation. Despite the fact that the formalcapacity for dealing with conflicts had many shortcomings, ajoint general plan for education was issued in 1973 as a resultof favorable economic and political conditions. However, in1978 the federal government failed in its attempt to utilizethe dissatisfaction with the existing system of cooperationto extend its responsibilities for education. The deteriorationin economic and political conditions led to an end of effortsto formulate a general plan for education in 1982 and reducedthe scale of joint activities. Forms of educational cooperationbetween the federation and the Länder still exist, butthey no longer fulfill their original purpose. The centralizationof decisionmaking, which was originally expected, never cameinto being.     

German Federalism in Historical Perspective: Federalism as a Substitute for a National State

A German national state was founded comparatively late in themodern era. In 1871 the German princes formed the German Empire.Unde Prussian hegemony, the Empire remained dependent on itsmember states. The constitution of the Weimer Republic of 1919turned the relations between the federation and the states upsidedown. The Länder, as the constituent states close to beinga decentralized unitary state. The Nazi regime centralizd it.After World War II, the West Germans and the Western Alliesagreed on forming a federal type of government. There was, however,controversy about the kind of federalism to be established.The West German Basic Law retained the tradition of a secondfederal parliamentary chamber in which the Land governmentsare represented. Sovereignty is shared and exercised jointlyby the federation and the Länder in most domestic policyfields.     

The Federalism Debate in the Transformation of Federal Habeas Corpus Law

Over the last several decades, the law governing access to federalhabeas corpus review has undergone a fundamental transformation,moving from a Warren Court approach that focused on individualrights to a Rehnquist Court approach that emphasizes deferenceto state courts. The enduring constitutional debate about thefederal system and the appropriate role of the federal courtsin that system has been at the heart of this transformation.This essay examines the leadership role of the U.S. SupremeCourt and the influence of other institutional actors, suchas the Congress, the executive, and the states, in the shapingof United States "constitutional dialogue" on this issue.     

The Evolution of the Nigerian Federal Administration System

This article reviews the major consequences for the evolutionof Nigeria's public administration of the process by which the"loose" model of federalism adopted in 1954 was transformedinto one in which the national government became dominant from1966 onwards. To illustrate how this development affected theemerging public administration system, two broad themes areexamined: (1) the structure, organization, and functioning ofthe federal and subnational units and (2) issues in intergovernmentalrelations, notably the allocation of jurisdictional powers,fiscal federalism, public personnel administration, and localgovernments. The conclusion points out some of the key issuesthat are likely to dominate the Nigerian federal system duringthe next decade.     

Testing Federal Student-Aid Fungibility in Two Competing Versions of Federalism

This study employs twenty-three years of federal, state, andinstitutional student-aid data to investigate the effects offederal grants to students on the behavior of higher educationinstitutions. Unlike previous studies, this research differentiatesbetween federal-aid programs according to whether a federalprogram follows "redivision federalism" or "cooperative federalism"concepts. Pell grants, exemplifying the former, appear highlyfungible and inversely related to institutional grants to students,while campus-based federal programs, exemplifying "cooperativefederalism, " appear less fungible and positively associatedwith institutional grants. The results also suggest that grantsto students are more important to higher education opportunitythan indicated by some previous research.     

Civil Rights,Federalism, and the Administrative Process: Favorable Outcomes by Federal,State, and Local Agencies in Housing Discrimination Complaints

Some theorists argue that cooperative intergovernmental relations are critical to policy implementation in the United States. This assertion is explored in the context of fair housing enforcement by comparing favorable administrative outcomes in fair housing complaints at the federal, state, and local levels from 1989 to 2004. What conclusions can be drawn from this systematic comparison of intergovernmental enforcement in one policy area over an extended period of time? First, cooperative federalism works well in fair housing enforcement. Second, of special significance, state civil rights agencies resolve complaints in favor of complainants nearly as often as the Department of Housing and Urban Development, and localities sometimes do so even more frequently.     

The State of American Federalism, 2004: Is Federalism Still a Core Value?

Federalism as a political issue was conspicuously absent fromthe 2004 presidential contest. Unlike many previous campaigns,neither party's candidate made much mention of problems besettingstates and localities. The war against global terrorism andthe changing situation in Iraq shaped the election. Progresswas made on homeland security, but intergovernmental wranglingover federal grants continued unabated. Federal-state feudswere common in several policy areas, including education, environmentalprotection, and health care. State finances received a revenueboost as economic growth picked up, but rising costs for Medicaid,education, employee pensions, and prisons clouded states' financialforecasts. The U.S. Supreme Court decided several cases witha federalism dimension, and these decisions plus those of thepast several years suggest the Court has moved not so much togrant more power to the states but to prune back the power ofCongress. Much of what has happened during the first Bush administrationmust be seen against the larger background of changes in theAmerican political party system. Changes in party organizationand policy control, especially during the first Bush administration,reaffirm David Walker's assessment that over the past quartercentury American federalism has become more nationalized.     

Reinventing Federalism: The Clinton/Gore Program for a New Partnership Among the Federal, State, Local, and Tribal Governments

This article presents the Clinton/Gore administration's philosophyon federalism and details specific improvements for servicesto citizens through strengthened intergovernmental partnershipsamong the federal, state, tribal, and local governments. Thearticle defines accomplishments toward achieving the NationalPerformance Review recommendations for new intergovernmentalpartnerships in delivering services to the public, and it providesa direction for federalism in the 104th Congress and beyond.     

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.     

Australian Public Policy, Federalism, and Intergovernmental Relations: The Federal Factor

Public policy is the overt activity of governing and what governmentshave as their primary purpose. This is so whether the politicalsystem is unitary or federal. There are many more elements thatcomplicate policymaking in a federal system. In particular,constitutional, financial, and political issues intrude becauseof the necessary interdependence of otherwise independent andautonomous national and subnational components. This articleaddresses this complexity of joint action through use of theideas about federalism, the structure of governing institutions,and the processes of policymaking. The extent to which an outcomedepends on the mixture of independence and interdependence isconceptualized as degrees of the federal factor. Linking thisconcept to particular policy arenas may provide a better understandingof federal systems than explanation from centralization or decentralizationor dependence or independence.     

Protecting Individual Rights Through a Federal System: James Buchanan's View of Federalism

James Buchanan is a Nobel Prize winning economist and the founderof the public choice movement in economics. Public Choice playeda critical role in underpinning conservative attacks on thewelfare state in the 1980s and 1990s in the United States. Asa committed supporter of free markets and strong skeptic oflarge governments, Buchanan has long supported the use of federalismto protect individual liberty, promote democratic efficiency,and help foster community values. This article reviews Buchanan'sresearch on the advantages of a federal system.     

The Articles of Confederation as the Background to the Federal Republic

The Articles of Confederation, usually neglected by those studyingthe American founding, formed an important part of the backgroundto the 1787 Constitution. The Articles functioned as the firstnational constitution of the United States and, as such, reflectedAmerican political theory as it emerged during the Revolution.Equally important, a textual analysis reveals the extent towhich the 1787 Constitution was a logical extension of the Articlesof Confederation. Most of the Articles were incorporated inthe U.S. Constitution, and several key changes found in thelater document were present in embryo in the Articles of Confederation.     

The Status of State Governments in Nigeria's Federalism

Nigerian states have almost completely lost their autonomy.The Babangida years and, in particular, 1991–1992, havewitnessed unprecedented reductions in states' powers. The entrenchmentof local government autonomy and the loss of some state powersto local authorities, the reduction of states' financial powersand their share of the Federation Account, as well as the decreeof a highly centralized two-party system, all have, within theframework of structural economic adjustment and the transitionto civil rule (expected to be completed in January 1993), worsenedthe position of the state governments. However, with the establishmentof civilian governance in the states and the return of constitutionalgovernment after January 1993, the state governments may reasserttheir autonomy.     

State Policies Affecting Cities and Counties in 1991: Shifting Federalism

States experienced considerable fiscal distress in 1991 as the recession led to widespread revenue shortfalls. In this environment, discretionary spending did not fare well. This article discusses five major policy areas: (1) state financial aid; (2) major changes in the "sorting out" of responsibilities between the state and local governments; (3) revenue diversification; (4) changes in limitations imposed on local taxes; and (5) new mandates handed down to cities and counties.