Enhancing Government: Federalism for the 21st Century

by Erwin Chemerinsky

Federalism―the division of power between national and state governments―has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government―as the Court and Congress are now doing in the name of federalism―is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.

Genres: Law

312 pages, Paperback

First published May 22, 2008

Reviews

[Carlen Zhang-D'Souza · Rating 5 out of 5]

Erwin Chemerinsky, the Dean of UC Berkeley Law and US constitutional law expert, believes that federalism can be used for better ends. He argues that the US Supreme Court’s (SCOTUS) federalism decisions have ignored the basic values of federalism, and by doing so, invalidated highly desirable government actions. He illuminates the genius of having multiple levels of government—where different actors can respond to different problems, thus advancing more liberty.

Chemerinsky seeks to remake the structure of our government to better protect states, and believes that this is all within the realm of the possible. Broaden Congress’s Commerce Clause power, limit the 10th Amendment, grant litigants the power of choice between federal and state courts, and narrowly define preemption so that state laws won’t be stricken as often as they are. I think this book is for people who seek to understand: (1) what federalism actually is; (2) why federalism has been utilized poorly the last few decades; and (3) through Chemerinsky’s “federalism as empowerment” theory, how to throw the doors open to a new way of viewing federal and state powers.

Read more at www.pithysummary.com!

[Bonny]

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