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Obamacare and Federalism's Tug of War Within

2012
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Release : 2012
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Book Synopsis Obamacare and Federalism's Tug of War Within by : Erin Ryan

Download or read book Obamacare and Federalism's Tug of War Within written by Erin Ryan. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: This month, the Supreme Court will decide what some believe will be among the most important cases in the history of the institution. In the 'Obamacare' cases, the Court considers whether the Affordable Care Act ('ACA') exceeds the boundaries of federal authority under the various provisions of the Constitution that establish the relationship between local and national governance. Its response will determine the fate of Congress's efforts to grapple with the nation's health care crisis, and perhaps other legislative responses to wicked regulatory problems like climate governance or education policy. Whichever way the gavel falls, the decisions will likely impact the upcoming presidential and congressional elections, and some argue that they may significantly alter public faith in the Court itself. But from the constitutional perspective, they are important because they will speak directly to the interpretive problems of federalism that have ensnared the architects, practitioners, and scholars of American governance since the nation's first days. This very short essay explains the battle over Obamacare in terms of the classic American federalism debates, and proposes a better way of analyzing this and all federalism issues, drawing from a new book. (Different versions of this essay were cross-posted to RegBlog, the American Constitution Society Blog, and the Environmental Law Profs Blog on June 21, 2012.).

Federalism and the Tug of War Within

2011-11-25 Law
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Release : 2011-11-25
Genre : Law
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Book Rating : 339/5 ( reviews)

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Book Synopsis Federalism and the Tug of War Within by : Professor Erin Ryan

Download or read book Federalism and the Tug of War Within written by Professor Erin Ryan. This book was released on 2011-11-25. Available in PDF, EPUB and Kindle. Book excerpt: Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.

Federalism and the Tug of War Within

2011 Law
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Release : 2011
Genre : Law
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Book Rating : 983/5 ( reviews)

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Book Synopsis Federalism and the Tug of War Within by : Erin Ryan

Download or read book Federalism and the Tug of War Within written by Erin Ryan. This book was released on 2011. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.

Tug of War

1986-01-01 Political Science
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Release : 1986-01-01
Genre : Political Science
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Book Rating : 777/5 ( reviews)

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Book Synopsis Tug of War by : David Milne

Download or read book Tug of War written by David Milne. This book was released on 1986-01-01. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1986, Tug of War offers an analytical look at power struggles between provincial and federal governments during the 1980s. With one provincial government urging secession, another attacking Ottawa's energy policies by deliberately limiting the flow of oil to the rest of the country, and the national government intent on ratifying a new Constitution with or without provincial assent, Canadian governments faced the 1980s in fighting form. A witty, relentless but fair-minded analyst, Milne strips away partisan rhetoric, and offers a close examination of the ebb and flow of Canadian politics in the first half of the 1980s.

The Oxford Handbook of U.S. Health Law

2017 Law
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Release : 2017
Genre : Law
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Book Rating : 527/5 ( reviews)

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Book Synopsis The Oxford Handbook of U.S. Health Law by : I. Glenn Cohen

Download or read book The Oxford Handbook of U.S. Health Law written by I. Glenn Cohen. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience of other countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.

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