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6. Subsidiarity, the judicial role, and the warren court’s contribution to the revival of state government
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Chapters in this book
- Frontmatter i
- Contents vii
- Preface ix
- Contributors xi
-
Part I. Federalism, positive benefits, and negative liberties
- 1. Defending dual federalism: A self-defeating act 3
- 2. Defending dual federalism: A bad idea, but not self-defeating 22
- 3. The puzzling persistence of dual federalism 34
- 4. Foot voting, federalism, and political freedom 83
-
Part II. Constitutions, federalism, and subsidiarity
- 5. Federalism and subsidiarity: perspectives from u.s. constitutional law 123
- 6. Subsidiarity, the judicial role, and the warren court’s contribution to the revival of state government 190
- 7. Competing conceptions of subsidiarity 214
- 8. Subsidiarity and robustness: building the adaptive efficiency of federal systems 231
-
Part III. The entrenchment of local and provincial autonomy, integrity, and participation
- 9. Cities and federalism 259
- 10. Cities, subsidiarity, and federalism 291
- 11. The constitutional entrenchment of federalism 332
-
Part IV. Remapping federalism(s)
- 12. Federalism(s)’ forms and norms: contesting rights, de-essentializing jurisdictional divides, and temporizing accommodations 363
- Index 437
Chapters in this book
- Frontmatter i
- Contents vii
- Preface ix
- Contributors xi
-
Part I. Federalism, positive benefits, and negative liberties
- 1. Defending dual federalism: A self-defeating act 3
- 2. Defending dual federalism: A bad idea, but not self-defeating 22
- 3. The puzzling persistence of dual federalism 34
- 4. Foot voting, federalism, and political freedom 83
-
Part II. Constitutions, federalism, and subsidiarity
- 5. Federalism and subsidiarity: perspectives from u.s. constitutional law 123
- 6. Subsidiarity, the judicial role, and the warren court’s contribution to the revival of state government 190
- 7. Competing conceptions of subsidiarity 214
- 8. Subsidiarity and robustness: building the adaptive efficiency of federal systems 231
-
Part III. The entrenchment of local and provincial autonomy, integrity, and participation
- 9. Cities and federalism 259
- 10. Cities, subsidiarity, and federalism 291
- 11. The constitutional entrenchment of federalism 332
-
Part IV. Remapping federalism(s)
- 12. Federalism(s)’ forms and norms: contesting rights, de-essentializing jurisdictional divides, and temporizing accommodations 363
- Index 437