Description
Book SynopsisThis book argues for a new vision of how to allocate power between the federal and state governments to provide effective government and enhance liberty.
Trade Review"The framers gave us federalism at the end of the eighteenth century.
Enhancing Government is federalism's blueprint for the twenty-first century. Chemerinsky delivers a deathblow to the modern view that federalism serves to limit government action—and shows instead how federalism allows government to solve problems and to enhance individual liberties. Powerfully argued, erudite, and practical, this magnificent book is essential reading for every citizen." -- Jason Mazzone * Brooklyn Law School *
"Erwin Chemerinsky is one of the nation's leading scholars of constitutional law.
Enhancing Government makes an important contribution to an area that has aroused great interest among academics, judges, politicians, and the general public. Chemerinsky's innovative approach sheds new light on one of the oldest and most significant areas of constitutional inquiry." -- Robert A. Schapiro * Emory University *
"...Chemerinsky is a brilliant constitutional law scholar whose perspective on federalism, preemption, and separation of powers should be studied carefully. ...
Enhancing Government is worth reading for those interested not only in the state of legal relations between state and federal governments, but also in how those relations might evolve in the next few years." --
The Federal Lawyer"In
Enhancing Government, Erwin Chemerinsky provides a kind of holograph of what federalism—as the federal-state relation is confusingly called—would resemble if the U.S. were to enter a period of liberal ascendancy. His timing could not be better, since the chance of such an ascendancy is not exactly remote: A Barack Obama presidency seems possible, together with a Democratic majority in both houses of Congress The great virtue of Mr. Chemerinsky's book is that it serves as a blueprint for the Obama administration and a fair warning to its opponents." --
The Wall Street Journal"Chemerinsky has taken on the formidable task of arguing for a new constitutional vision of federalism, which should be viewed not as a limit on federal power but as an empowerment at both the state and national level...This is an interesting read for constitutional lawyers." —
CHOICETable of Contents*** [Contents page follows on page vii] *** *** CONTENTS [page vii] *** Contents Acknowledgments 000 Introduction 000 Chapter 1 The Paradox of Post-1937 Federalism: How Did We Get Here and Where Are We Going? 000 Chapter 2 The Formalism of the Federalism Decisions and Its Failure 000 Chapter 3 The Values of Federalism 000 Chapter 4 Conceiving Federalism as Empowerment, Not Limits 000 Chapter 5 Federalism as Empowerment: Redefining the Role of the Federal Courts 000 Chapter 6 Empowering States: A Different Approach to Preemption 000 Conclusion 000 Notes 000 Index 000