This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights.
Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.
Table of Contents
1. The U.S. Supreme Court, New Federalism, and Public Policy - John C. Blakeman and Christopher P. Banks
2. The Right to Keep and Bear Arms in the Roberts Court - Nelson Lund
3. National Security and Anti-Terrorism Policies: The Federalism Implications of Trump’s Travel Ban - Christopher P. Banks
4. Capital Punishment and Federalism: International Obligations and Domestic Standards - Mary Welek Atwell
5. The Supreme Court and the Affordable Care Act: The Consequences of the NFIB v. Sebelius decision for Health Care Policy - John Dinan
6. Federalism, Marriage Equality, and LGBT Rights - Nancy J. Knauer
7. The Legalization of Marijuana and the Interplay of Federal and State Laws - Sam Kamin
8. The Firm Constitutional Foundation and Shaky Political Future of Environmental Cooperative Federalism - Robert L. Glicksman
9. Immigration Federalism - Pratheepan Gulasekaram
10. The Equal Sovereignty Principle as Federalism Sub-Doctrine: A Reassessment of Shelby County v. Holder - Franita Tolson
11. Concluding Thoughts - Christopher P. Banks
Christopher P. Banks, Kent State University, USA, combines his research and teaching interests by studying the political behavior of the judiciary, constitutional law, the judicial process and civil rights and liberties. He has published books and articles relating to judicial policy-making, federalism, the legal profession, the judicial process, human rights, American politics, terrorism, Bush v. Gore (2000), the politics of court reform and the judicial politics of the DC circuit.
'This fascinating volume assembles fresh constitutional analyses of the federalism foundations of nine major policy issues, highlighting partisan and ideological uses of federalism principles by jurists, federal and state officials, and interest groups to achieve political and policy objectives in an increasingly polarized era spanning the Nixon to Trump administrations.'
John Kincaid, the Robert B. and Helen S. Meyner Professor of Government and Public Service and Director of the Meyner Center for the Study of State and Local Government, Lafayette College, Easton, PA, USA.