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
vision: 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.
