Abstract
Governmental design is an ancient question. For the Greeks, the question was whether citizens were best ruled by the one, the few or the many. For Hobbes, power needed to be centralized in the hands of a single sovereign so as to protect citizens from a “war of all against all.” For the writers of The Federalist Papers — Alexander Hamilton, James Madison, and John Jay — power was best divided between central and lower tiers of government in order to check each from threatening the liberties of individuals. For US Supreme Court Justice Louis Brandeis, lower tiers of government should have the autonomy to become “laboratories of democracy.”
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Notes
Of 14 Supreme Court decisions between 2001 and 2004 involving federal questions (apart from Bush v. Gore), in all but one the liberal-conservative split was along traditional lines. For the exception, see American Insurance Association v. Garamendi, 2003. On the reasoning of court conservatives, see Melnick, 2003 and Pettys, 2003: 329–91. An interesting case before the US Supreme Court during its 2004–05 term pits social conservatives against market conservatives. The former support state restrictions on the sale of alcoholic beverages over the internet; the latter find this an interference with interstate commerce. See Brown, 2003.
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Peterson, P.E. (2006). The Changing Politics of Federalism in the United States. In: Greer, S.L. (eds) Territory, Democracy and Justice. Palgrave Macmillan, London. https://doi.org/10.1057/9780230510388_5
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DOI: https://doi.org/10.1057/9780230510388_5
Publisher Name: Palgrave Macmillan, London
Print ISBN: 978-1-349-54457-8
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