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Publius: The Journal of Federalism Advance Access originally published online on February 11, 2008
Publius: The Journal of Federalism 2008 38(2):167-191; doi:10.1093/publius/pjn004
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© The Author 2008. Published by Oxford University Press on behalf of CSF Associates: Publius, Inc. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org.

Federalism and Interpretation

Edward L. Rubin* and Malcolm M. Feeley{dagger}
*Vanderbilt School of Law;
{dagger}Boalt Hall School of Law, UC Berkeley

We offer a theoretical approach to federalism by defining a theoretical approach as a general account of the subject. It is general in that it applies in any political situation, at any time in history when political entities that are recognizable as nations existed. It is an account in being a systematic examination of the subject that is connected to the overall structure of analysis in one or more academic disciplines, in this case law and political science. Following this approach, we reach the conclusion that federalism must be understood as a matter of political identity. People's individual commitments in the political realm, their sense of who they are and where they belong, will determine the descriptive reality and the prescriptive necessity of federal arrangements.

Correspondence: E-mail: erubin{at}law.vanderbilt.edu


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