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The Upside-Down Constitution
Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way.
The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.
- GenresNonfictionLaw
518 pages, Hardcover
First published February 1, 2012
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Displaying 1 of 1 review
May 29, 2012
Outstanding Hamiltonian discussion of the state of federalism and the U.S. Constitution.
Greve documents the rise of "cartel federalism", noting how spending and regulation has compounded across levels of government. He pinpoints the abandonment of well-developed federal commercial common law doctrines in deference to state statutory law in the 1938 Erie SCOTUS decision as the root of the chaotic ills.
A smart and original conservative take on the constitution -- of much greater worth than superficial, unhelpful, and unrealistic appeals to clause-bound originalism and "states rights".
Greve documents the rise of "cartel federalism", noting how spending and regulation has compounded across levels of government. He pinpoints the abandonment of well-developed federal commercial common law doctrines in deference to state statutory law in the 1938 Erie SCOTUS decision as the root of the chaotic ills.
A smart and original conservative take on the constitution -- of much greater worth than superficial, unhelpful, and unrealistic appeals to clause-bound originalism and "states rights".
Displaying 1 of 1 review