Kathryn Kisska-Schulze, John T. Holden, Corey Ciocchetti
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引用次数: 0
Abstract
States are engaging in brute force (anti) federalism, where both sides of the political spectrum push agendas that extend beyond the Founder's early ideal of balanced federalism, using popular support and special interest groups' interests as their springboard. These trial-and-error tactics increase vertical and interstate horizontal frictions, create political and economic challenges for businesses, and increase American polarization. However, they also allow states the opportunity to force an increasingly stalemated federal government into action. This article introduces the concept of brute force (anti) federalism by first examining the evolution of modern federalism. It then offers a sampling of state brute force efforts, analyzes the effect of popular momentum and special interest groups on state political activity, advances broad-based perspectives surrounding brute force (anti) federalism, and poses additional questions to be considered.
期刊介绍:
The ABLJ is a faculty-edited, double blind peer reviewed journal, continuously published since 1963. Our mission is to publish only top quality law review articles that make a scholarly contribution to all areas of law that impact business theory and practice. We search for those articles that articulate a novel research question and make a meaningful contribution directly relevant to scholars and practitioners of business law. The blind peer review process means legal scholars well-versed in the relevant specialty area have determined selected articles are original, thorough, important, and timely. Faculty editors assure the authors’ contribution to scholarship is evident. We aim to elevate legal scholarship and inform responsible business decisions.