Madison's View of Federalism in The Federalist

Interpreters of James Madison's treatment of federalism in TheFederalist are divided into two general camps: those who considerhim to have defended federalism with cogency and convictionand those who consider his defense, on account of his concealedantipathy to federalism, to be half-hearted. Although Madisonhad reservations about the Constitution's new structure, threecharges of disingenuousness that have been leveled against himare mistaken. The evidence mainly suggests that he viewed theConstitution as establishing a divided system of government,that he was not particularly confident that future state-federalconflicts would be resolved peacefully, and that, despite hisreservations about the new system, he wanted to see it in operationbefore thinking about how it might be reformed.     

Constitutional Theories and Constitutional Rights: Federalist Considerations

This article examines the contemporary controversy over constitutionalinterpretation and the differing understandings of constitutionalrights that underlie it. We first consider the character andbasis for interpretivism, that is, a jurisprudence that delineatesrights by reference to the intent of the founders and to theconstitutional text. Next, we review the non-interpretivistalternative, focusing on Ronald Dworkin's influential accountof constitutional rights. We conclude that despite its strengths,Dworkin's position does justice neither to the constitutionaltext nor to the connection between structure and rights in theUnited States Constitution. Finally, considering constitutionaltheory from the broader perspective of state constitutionalism,we conclude that its insights are limited to the U.S. Constitutionand offer some suggestions for a more adequate constitutionaltheory.     

The judge as manager: the case of Judge Frank Johnson.

Judge Johnson's remarkable role in the reform of Alabama's mental health and prison facilities suggests that judges may have greater control over the agendas of policymaking than is normally assumed. In omnibus cases, the judge may be more interested in pushing state officials in the "right" direction than in securing full compliance with any specific set of absolute standards. The tenor and pace of implementation, moreover, may depend largely on the relationship of participants, the judge's personality, and related factors not susceptible to precise measurements.     

The KwaZulu/Natal Indaba: A Federalist Proposal for South Africa

In Durban, South Africa, delegates from South Africa's politicalcenter proposed a federal solution to apartheid. Called theKwaZulu/Natal "Indaba," the plan proposes to merge two hithertosegregated jurisdictions and to bring majority rule to at leastone province of South Africa. The system envisioned by the planincludes a bicameral legislature, a consociational cabinet,proportional representation, minority veto over certain legislation,a segmented representative chamber, and enforcement of a comprehensiveBill of Rights. The "KwaNatal" plan also calls for a substantialdevolution of power, including the right of the provincial legislatureto repeal acts of Parliament that invade areas of provincialcompetence. This determination to extend local, multiracialautonomy put Natal officials on a collision course with thecentral government at Pretoria, which is trying to eliminatethe elected provincial governments.     

The Virtuous Polity, The Accountable Polity: Liberty and Responsibility in The Federalist

The Federalist claims to present a republican response to thetypical political problems faced by republics. That solutionrequired a departure from all models of republics known at thattime, and in particular a break with Anti-Federalist modelsthat posited heavy reliance on responsibility, understood aseither political accountability or as moral and political virtue.The Federalist challenges the Anti-Federalist notion that a"no-gap polity" is the means to safe and effective republicanism.It also challenges those who believe that virtue of people orrulers is the precondition of a republican polity. Publius doesrequire quasi-virlues of certain sorts—and thus does notrely entirely on calculating selfinterest—but these aresignificantly different from the virtues posited by earlierrepublican theorists or certain contemporary interpreters ofThe Federalist.     

The Meaning of Federalism in The Federalist: A Critical Examiniation of the Diamond Theses

Language poses a serious problem in political discourse whenterms like federalism come to mean anything, everything, andnothing. An issue of some importance is how "confederation"was conceptualized in The Federalist, how that conceptualizationwas subject to critical analysis, especially in Federalist 15and 16, and how the resolution of that critique contributedto the conceptualization of a federal system of governance.This essay was written in response to a re-reading of MartinDiamon's essay on "The Federalist's View of Federalism." Theposition taken is that the theory of constitutional choice usedto articulate the arguments in The Federalist provides the appropriatelogic for construing the meaning of federalism despite the ambiguitiesof language contained in The Federalist.     

Federalist Institutions, Voting Behavior, and Party Systems in Spain

With the establishment of the 17 autonomous communities in Spainin the early 1980s, representation has been compounded. Thisarticles assesses the empirical implications of compounded representationin Spain by analyzing regional, national, and European electoraldata over time. Comparisons are also drawn across Spanish regions.In addition, the article discusses the effects of compoundedrepresentation on party systems and government formation inthe regions. Voting patterns vary depending on the level ofelection and also across regions. Party systems, subjectiveregional identity, and types of government in the regions arelinked as well. The evidence suggests that the federalizationof Spain has compounded representation by adding new layersof elections and representative institutions.     

The Quiet Revolutionaries: Seeking Justice in Guatemala, Paul Jesilow and Frank M. Afflitto

The Quiet Revolutionaries: Seeking Justice in Guatemala recountsthe tragic history of the state-sanctioned violence that hitGuatemala in the second half of the 20th century. It focuseson the struggle of survivors to find information about missingrelatives and ultimately to seek justice for the cruelty andneglect they or their relatives experienced. When reading about the     

Frank Fischer: Citizens, Experts, and the Environment. The Politics of Local Knowledge

Ohne Zusammenfassung

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Frank Fischer: Citizens, Experts, and the Environment. The Politics of Local Knowledge Durham/London: Duke University Press 2000, 363 S., US$18,95 (paperback)