Competing Approaches to the Study of American Federalism and Intergovernmental Relations

The development of theory in the study of American federalismand intergovernmental relations has long been marked by divergentapproaches. This article reviews the literature produced byfive "schools" within the field: (1) dual federalism, (2) cooperativefederalism, (3) pragmatic federalism, (4) noncentralized federalism,and (5) nation-centered federalism. As different as these approachesare, scholarly work in this field has made only sparing useof two other potentially useful approaches: distributive justiceand public choice theory. This article suggests how these alternateapproaches might contribute to reinvigorating a field that appearsto be otherwise at an intellectual impasse.     

The Cultural Foundations of the Modern Militia Movement

When Timothy McVeigh lit the fuse that fired the bomb that destroyed the Alfred P. Murrah Federal Building in Oklahoma City, OK on April 19, 1995, most Americans asked, "Why?" "Why," people wondered, "would anyone do such a thing?" This paper explores the way(s) in which key dimensions of American political culture support and inspire the kinds of hate and paranoia that culminated in Timothy McVeigh's horrible act. It is based on social movement theory's insight that challenges to the established order are informed by and shape the broader culture in which the challenge is pursued. Thus, in order to explore the relationship between culture and the militia movement, this paper focuses on militia ideology, circumstances of militia formation, and organizational structures. Each arena is shown to relate to and derive from the general character of public American political culture. Cumulatively, the cultural place of the militia is one of self-described individualists struggling against cultural opponents--the representatives of the New World Order. As Americans, militia members insist that only their specific brand of individualism is "real" Americanism. Thus their disputes with the federal government are not disagreements of policy, or interpretation, or degree. They are culturally-based conflicts over the meaning of America.     

Guess What Happened on the Way to Revolution? Precursors to the Supreme Court's Federalism Revolution

In recent years, the Rehnquist Court has been accused of usheringin a "federalism revolution." The Court's decisions have beencontentious and often viewed as assertions of the Court's anti-majoritarianpower. However, these assessments misunderstand the role ofthe Court in the American political system. Not only are theCourt's recent decisions relatively modest departures from existingconstitutional doctrine, but its rediscovery of federalism follows,rather than leads, developments in the elected branches. Effortsto rehabilitate federalism as a political value began in theelected branches as early as the 1960s. By 1980, federalismhad become an important cleavage issue between the parties;Republicans advocated a form of "fixed federalism" while Democratsadvocated a form of "flexible federalism." Despite the desireof the Reagan and Bush administrations to use the judiciaryto advance the GOP's view of federalism, confirmation hearingsfor members of the Rehnquist Court demonstrate that Democratsin Congress paid little attention to federalism. Attitudes aboutfederalism thus made their way onto the Court without noticeand without challenge, and the sharp disagreements that emergedon the Court during the late-1990s mirror the same party cleavagesthat developed much earlier in the elected branches.     

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.     

The Nigerian Federation at the Crossroads: The Way Forward

This article reviews the first fifty years of federal experiencein Nigeria. It distinguishes three phases: an apprenticeshipto "true" federalism phase (1954–1965), a federal dominancephase under military rule (1966–1979 and 1984–1999),and a "muddling-through" phase under civilian rule (1979–1983and 1999 to date). The first phase was characterized by politicaldevolution and intergovernmental competition, during which regionalgovernments recorded tangible results. During the second phase,successive military regimes imposed centralism and federal dominancethat kept Nigeria united but arrested progress toward consolidatingfederal democracy. Civilian administrations under the thirdphase have sought to run the federation in a muddling-throughfashion, including serious political and social tensions, modesteconomic performance, and deepening poverty. Currently, therefore,the Nigerian federation is at a crossroads and has two options:devolution or death.     

Forty Years of German Federalism: Past Trends and New Developments

This article traces the major developments in German federalismfrom 1949 to the present. From a system based on a concept of"dual federalism," which was different in important ways fromthe American system, German federalism became somewhat morelike the postwar American cooperative federalism. Criticismof this system in the 1970s led to various reform efforts, whichmade little headway until the 1980s and the formation of a CDU/CSU-FDPcoalition government under Chancellor Helmut Kohl. The "turnabout"promised by this government and carried out to some extent includedplans and policies to strengthen the Länder by some sortingout of functions. These efforts were successful at first, butthe federal government has oriented its policies more towardthe national arena. Financial constraints, the nationalizationof basic rights, technological concerns, and pressures by theEC have led to new tendencies toward intergovernmentalizingand centralizing the relations between the federation and Landgovernments.     

The European Community: A Balancing Act

The European Community has traditionally been analyzed usingtheories and concepts drawn from international relations ratherthan from federalism. This article emphasizes the balance betweenthe representation of territorial and nonterritorial interestsin the Community and argues that concepts drawn from federalismcan be useful in analytically understanding the Community aslong as the American model of federalism is not viewed as thenecessary federal referent. It describes the relative importanceof the territorial dimension within the major Community institutions—theCommission, the Council of Ministers, the European Council,the European Parliament, and the European Court of Justice.The Court of Justice, it is argued, is particularly importantin giving the Community a "federal" contour. However, its methodof operation differentiates it in important ways from the Americanjudiciary. The role of territorial politics within the Communityis such that the Community's policymaking process, while unique,is certainly recognizable to students of comparative federalism.     

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.     

American Federalism as American Exceptionalism

Americans paradoxically claim uniqueness for their politicalsystem, yet promote it as a model for others. This is especiallytrue of federalism, the clearest example of American exceptionalism.At its inception, American federalism was produced in an environmentclosely approximating what scholars have since distilled asoptimal conditions for fostering such a system. In other contexts,federalism has not flourished, because those preconditions areseldom approximated. Remarkably, American federalism has adjustedto meet drastically changed social, geographic, and politicalconditions, and the case for its continued adaptiveness andappropriateness remains strong. Although enclaved state differencesin economics and religion are no longer a reality, these andother differences are widespread especially on a regional basis.Even on a statewide basis, cultural mixes keep the country heterogeneous.The U.S. Constitution has been reinterpreted to permit rathermore nationalized control in accordance with this process ofeliminating differences. Indeed, this is to the point wherefederalism could become legally problematic, explaining theRehnquist court's recent decisions.     

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.     

Intergovernmental Relations in Canada: The Emergence of Collaborative Federalism

"Executive federalism" or "federal-provincial diplomacy" haslong been considered the defining characteristic of Canadianfederalism, which combines federalism and Westminster-stylecabinet government. However, these processes have come underincreasing stress in recent years from a number of forces thathave affected the nature and conduct of federalism and intergovernmentalrelations in Canada. Executive federalism has not been displaced,but has been increasingly informed by a set of practices thatwe call "collaborative federalism," characterized more by theprinciple of co-determination of broad national policies ratherthan by the more traditional pattern of federal-leadership.     

Women,Federalism and Women Friendly Policies

Australian women activists have never been enthusiastic about federalism because of its reputation as a system that restricts the scope of government and obstructs the path of progressive social change. Like their sisters in other countries, women's groups have sought collectivist solutions to economic and social problems. In the last couple of decades, however, orthodox ideas about the restrictive impact of federalism have been questioned. A revisionist view has emerged, which holds that the system sometimes facilitates the adoption of innovative policies and may lead to an expansion of the role of government. The revisionist perspective raises the question of whether women's groups have been wise to oppose federalism. This article examines relevant Canadian and Australian studies in order to test the validity of orthodox and revisionist perspectives and to draw conclusions about appropriate feminist approaches to federalism. The evidence is mixed. The main argument of this article is that, to the extent that we can distinguish its independent effect, federalism sometimes obstructs policy development and sometimes facilitates it. There are serious methodological problems involved in trying to isolate the impact of the federal variable from the many factors that influence policy, making generalisations precarious. Experience, therefore, offers little guidance to women's groups seeking to decide whether to support centralised or decentralised decision‐making structures. However, this study concludes that in the context of present Australian federal arrangements, women are more likely to achieve their aims when the Commonwealth government takes action, either alone or in cooperation with sub‐national jurisdictions.     

THE HEARTLANDS OF AMERICAN GOVERNMENT: RECENT DEVELOPMENTS IN THE US STATES

Abstract: Over recent years the American states have re-emerged as centres of policy innovation and reasserted themselves within the federal system. In contrast, at least until Bill Clinton's accession to the presidency, the federal government has lost the initiative. Indeed, Clinton's accession from what in the past would have been regarded as an obscure southern governorship symbolises the shift of the states to the centre stage of American politics. This article considers the reasons for this shift, stressing the generational change among the governors, the new economic and social challenges faced by the states and the increasing withdrawal of the federal government from the state sphere. In terms of the prospects for the future of American federalism, federal government is likely to withdraw further under Clinton, reversing the trend of earlier Democratic presidencies. Indeed, thanks to the efforts of governors like Clinton, state governments are now better equipped than ever before to shoulder new responsibilities. Their tax base has widened, though many states have faced difficult budgetary situations in the early 1990s. The organisation and structure of most state governments have been modernised, if slowly given the obstacles inherent in the separation of powers. The new breed of governor has a more managerial approach than earlier generations, and contemporary governors have sought to centralise their power within the executive branch. As state legislatures have also asserted their influence over the executive branch, gubernatorial influence has usually been enhanced at the expense of other power centres within the executive.     

Changing State Fiscal Capacity and Tax Effort in an Era of Devolving Government, 1981 2003

The American system of fiscal federalism requires that stateand local governments finance the bulk of their budgets fromown-source revenues, not transfers. This article analyzes statetotal taxable resources from 1981 to 2003 to evaluate how statefiscal capacity has changed in that time and how it has beenaffected by national recessions, to examine the extent to whichfiscal capacity differs among states and whether capacity hasconverged, and to consider whether states have responded toservice demands by changing tax effort and whether tax efforthas converged in the face of interstate competition and otherharmonizing forces. Because the capacity measure employed herecan be compared across years, something impossible with majoralternative indices, the analysis provides insights importantto the analysis of fiscal federalism and of the implicationsof revenue devolution not previously possible.     

A 21st Century Low‐Carbon Transition in U.S. Electric Power: Extent,Contributing Factors,and Implications

The U.S. electric power sector has experienced a substantial shift of the generation mix since the turn of the century, moving from heavy reliance on coal‐powered generation to one drawing more from natural gas and, more recently, renewables. This transition has been forged by a mix of macroeconomic factors (recession and recovery); technological breakthroughs (horizontal drilling coupled with hydraulic fracturing; improvements in natural gas plant efficiency); clean energy policies at federal, state, and local levels of government; and private sector demands for carbon‐free energy sources. These factors have combined to reduce carbon emissions from electric power generation substantially this century. In this article we examine the extent of this transition, its causes, as well as the distinct American institutional factors steering it, including energy and environmental federalism, electoral politics, and the political economy of clean energy policy enactment and resistance.     

Political Parties and Intergovernmental Relations in 1984: The Consequences of Party Renewal for Territorial Constituencies

Democratic and Republican efforts at party renewal have differedin approach, but both can be recognized as intergovernmentalphenomena having significant implications for American federalism.The Democratic Party's national charter and delegate selectionrules, for instance, have federalized the governing structureof the party. The national Republican Party organization hasdeveloped such a large base of financial resources andcampaignservices that state Republican parties and candidate committeeshave begun to accept national party authority along with itsmoney. Moreover, as national, state, and local parties and candidatesincreasingly coordinate their delegate selection, finance, andother campaigh activities, they may transform the decentralizedparty system that has been a protector of state and local influencewithin the federal government. National ideological constituencieswithin both party organizations may rival territorial and functionalconstituencies for the attention of federal elected officials.     

Russell Kirk and Territorial Democracy

Russell Kirk is one of the most important American conservativethinkers. This article traces the development of Kirk's understandingof federalism, which was neither nationalistic nor based inthe usual arguments about states' rights. Specifically, Kirkadapted what the American thinker Orestes Brownson called "territorialdemocracy" to articulate a version of federalism that is basedon premises that differ in part from those of the Founders andother conservatives. Further, Kirk believed that territorialdemocracy could reconcile the tension between treating the statesas mere "provinces" of the central government and seeing themas autonomous political units independent of Washington. Finally,territorial democracy allowed Kirk to set out a theory of rightsthat was based in the particular historical circumstances ofthe United States while rejecting a universal conception ofindividual rights.     

Federalism in the 101st Congress

This article identifies important congressional roll-call votes,calculates a federalism score similar to that reported previouslyin Publius, and through factor analysis, examines the underlyingdimensions offederalism voting. The resulting federalism indicatorsare analyzed to determine their relationship to partisan andideological variables. Finally, the federalism orientation ofthe 101st Senate is compared with that of the 101st House ofRepresentatives as well as that of the 97th Senate.     

Surface-Transportation Funding in a New Century: Assessing One Slice of the Federal Marble Cake

This article examines American federalism through the prismof the surface transportation program, one of the nation's largestgrant-in-aid programs. No matter how pragmatic or intense thedesire to express assessments in simple terms, federalism isa time-sensitive reflection of our collective experiential understanding.Facts, values, hypotheses, and concepts are derived from thiscollective understanding. The experience of the surface transportationprogram under ISTEA and TEA–21 illustrates the challengeof achieving a clear picture of federalism when radical changesoccur. ISTEA and TEA–21 have significantly altered traditionalintergovernmental relationships, particularly as the federalrole in transportation appears to have become more ambiguousthan at any time in the past 45 years. Thus, at the outset ofthe twenty-first century, the federal role in transportationis shifting, becoming far less focused. Other goals are emerging,leading the federal transportation role to become more of ameans to an end than the central focal point.