ePub The Implosion of American Federalism download

by Robert F. Nagel

Author:

Robert F. Nagel

ISBN13:

978-0195158410

ISBN:

0195158415

Language:

English

Publisher:

Oxford University Press; Revised ed. edition (November 28, 2002)

Category:

Other

Subcategory:

Humanities

ePub file:

1661 kb

Fb2 file:

1349 kb

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Rating:

4.8

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660

Robert F. Nagel Humanities English

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In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by. .Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment

In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism.

Home Browse Books Book details, The Implosion of American Federalism. In this wide-ranging book, Robert Nagel proposes a surprising answer: that anxiety about national unity is caused by centralization itself. The Implosion of American Federalism. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism.

Includes bibliographical references (p. 181-204) and index. The futile idea of limited powers - Domesticated federalism - Radical federalism: the "antifederalist" possibility - Radical nationalism - Judicial supremacy and stable meaning - Judicial supremacy and nationhood - Communities on defense - The nationalization of intimacy - Nationalized political discourse - Lies and nationhood.

It discusses Nagel's critique of the prevailing view that there has been a revolution in the Supreme Court's jurisprudence regarding the federal system. While Nagel is likely correct that the Court's jurisprudence does not represent a revolution, his contention that increasing centralization will inevitably lead to repression is likely wrong. It is as likely to lead to inefficiency in thenational government given the growth of the vast federal bureaucracy

Book Overview In this wide-ranging book, Robert Nagel proposes a surprising answer: that anxiety about national unity i.

At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk-among politicians, academics, and jurists-of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising answer: that anxiety about national unity is caused by centralization itself.

This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion . Books related to The Implosion of American Federalism.

This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.

Given this consensus, Robert Nagel's recent book The Implosion of American Federalism comes as something of a shock. also ROBERT F. NAGEL, THE IMPLOSION OF AMERICAN FEDERALISM (200 I) (describing the federalism debate).

In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by.p. cm. Includes index.

In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself.

Author: Robert F. Nagel. Title: The Implosion of American Federalism. No user reports were added yet. Be the first! Send report: This is a good book. Help us to make General-Ebooks better!

At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism. A robust version of federalism requires appreciation for political conflict and respect for disagreement about constitutional meaning, both values that are deeply antithetical to the Court's function. That so many believe this most centralized of our Nation's institutions is protecting, even overprotecting, state power is itself a sign of the depletion of those understandings necessary to sustain the federal system. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism. Under modern conditions of centralization, these attractive traits are leading to unattractive social consequences, including tolerance, fearfulness, utopianism, and deceptiveness. They are degrading our political discourse. All this encourages further centralization and further cultural deterioration. This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.

Kulasius

In this book, Mr. Nagel explores an underappreciated theme; the increasing centralization of government authority ion the U.S. He attributes this to a few things; America's demand for the 'quick-fix' of the law, myths that our government was created by 'the people of America' instead of 'The people of the United States of America,' even the supreme courts fear of 'rocking the boat,' skirting around issues like abortion for fear of disturbing 'national unity.'
Mr. Nagel backs his thesis up beautifully in this crystal-clear written book, using everything from the supreme court stepping into state business, calling a state-wide attempt to ammend Colorado's constitution 'unreasonable' to the virtual consensus amongst constitutional law intellectuals to argue vehemently for 'nationalism.'
As I said this book is crystal clear and as easy to read as a book like this can be. My only complaint is that the last few chapters are muddled and rushed. His point (so far as I understand it) is to draw attention to the phenomenon of celebrity as assuaging our need for centralization by increasing our isolation from our actual neighbors, thus making us more dependent on a far-off government. This theory is not bad in itself; The problem is that it just doesn't fit with the legal arguments made in the first six chapters of the book. The last two chapters beat the hell out of the Clinton/Lewinsky scandal as an example of this and what he calls the 'Yale theory,' which is basically legalese used only to disguise lies. While this is certainly what Clinton did (and Clinton is the hallmark of political celebrity) again, this doesn't fit with the rest of the book. All in all though, the great writing, contreversial, thought-extrapolating theory and well argued case make this a pretty good book!

Akelevar

I believe Nagel hits many important points in this book that we as Americans need to contemplate. His arguments are strong, and thought-provoking, which is important in this day and age when I think many of us our worried about the state of this nation. I would recommend this book to anyone interested in political philosophy and the law, independent of their political leanings. I look forward to more book by Nagel.

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