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Community Rights
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Newsroom
Community Rights Counsel: (this piece was originally posted on the American Constitution
Society Blog, There has been a lot of talk about federalism lately, particularly in the wake of the recent Supreme Court argument in the Raich medical marijuana case. People are increasingly aware that the division of power between the federal and state governments is not an abstract question for legal theorists, but a matter of critical, practical importance. As liberals increasingly work through states to achieve their goals, and as states’ rights conservatives struggle to keep the Bush Administration from blocking state innovations, federalism should remain a compelling topic. Redefining Federalism: Listening to the States in Shaping "Our Federalism," a new book by Community Rights Counsel, published by the Environmental Law Institute, shows that states have much to contribute to this discussion. The states’ arguments in federalism cases are surprisingly nuanced. States want a strong federal government to solve some problems, such as environmental degradation or violence against women, that transcend state boundaries, yet they also want the freedom to experiment with policy solutions to specific challenges within their borders. If federalism is about protecting the states, why not listen to them? Redefining Federalism provides a road map for a Supreme Court jurisprudence
that enhances federalism without undermining the ability of federal, state,
or local governments to serve their citizens. By listening more carefully
to the states, the Supreme Court could transform its federalism jurisprudence
from a source of criticism and polarization to a doctrine that should
win broad support from across the political spectrum.
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