Publius: The Journal of Federalism - recent issues

Government Quality and Vertical Power-Sharing in Fractionalized States

Charron, N. — Tue, 15 Sep 2009 07:08:24 PDT

Recent empirical studies have demonstrated that ethno-linguistic diversity has a negative relationship with quality of government (QoG). In response to this challenge, states have two broad options with respect to vertical power-sharing. One, they can attempt to integrate various factions by adopting a unitary, centralized constitution. Two, they can accommodate minority groups with ethno-federalism, giving them a degree of regional autonomy. Using numerous QoG indicators in a cross-sectional regression from 1995 to 2004, the data show that ethno-federalism outperforms its integrationist rival for each QoG measure employed in the analysis. While numerous other empirical studies have examined the impact of ethno-federal institutions on either civil conflict or separatism, this is the first to assess the effects of this institution on government quality relative to integrationist states.

Competitive Federalism and the Governance of Controversial Science

Mintrom, M. — Tue, 15 Sep 2009 07:08:24 PDT

Tensions between the United States government and state governments increased during the Bush Administration, 2001–2008. Blame was typically placed on the Administration's conservative policy preferences. This article analyzes how the issue of stem cell research was managed during those years in Washington, DC and how the states responded. The case highlights contradictions in the Bush Administration's brand of conservatism, how this promoted interstate competition, and why state governments had to wrestle with major policy dilemmas. Concerns surrounding moral principles, scientific progress, and economic competitiveness produced a patchwork of state funding and regulatory regimes. That outcome has not been ideal from several perspectives. Advances in biotechnology and other controversial areas of science will force future national and state governments to confront similar policymaking challenges.

When is Fiscal Decentralization Good for Governance?

Hankla, C. R. — Tue, 15 Sep 2009 07:08:24 PDT

Many developing countries are seeking to improve governance with fiscal decentralization. It is therefore worth revisiting what we know about political and economic institutions to understand how and under what circumstances decentralization can be beneficial. In an effort to do that, I review past research on the governance implications of devolving power to subnational authorities. Based on this review, I find that the gains from decentralization depend sensitively on how subnational authorities and intergovernmental relations are structured. I therefore conclude the paper by drawing nine lessons from theory and experience to help improve the design of decentralized institutions.

What Makes Strong Federalism Seem Weak? Fiscal Resources and Presidential-Provincial Relations in Argentina

Benton, A. L. — Tue, 15 Sep 2009 07:08:24 PDT

This article revives an unresolved political debate now masquerading as an empirical puzzle: how can we characterize the nature of Argentine federalism when recent presidential administrations support conflicting conclusions about it? Carlos Saúl Menem (1989–1999) easily pushed through policy changes with the support of governors and provincial delegates in congress, implying that federalism is weak. Fernando De la Rúa (1999–2001) faced considerable provincial and congressional opposition, implying that federalism is strong. To resolve this puzzle, I recast federalism in terms of its economic context. I argue that economic growth renders presidential–provincial relations positive-sum, leading to intergovernmental cooperation and the appearance of weak federalism. Economic decline turns presidential–provincial relations zero-sum, raising intergovernmental conflict, and the appearance of strong federal institutions.

Continuity and Change: A Ranking of Key Issues Affecting U.S. Intergovernmental Relations (1995-2005)

Weissert, C. S., Stenberg, C. W., Cole, R. L. — Tue, 15 Sep 2009 07:08:24 PDT

Few would dispute that federalism and intergovernmental relations in the United States are dynamic and ever-changing. The actions of the U.S. Congress and executive branch, U.S. Supreme Court cases, state innovations, and political, economic, and international events have direct effects on the relationships between and among governments—often advantaging one governmental level with more power, more discretion, or more responsibilities. It is important for scholars to recognize these actions and trends as they develop and test federalism and intergovernmental relations theories in the United States and as they compare these with federalism events and trends in other federal countries.

Functional Federalism in Political Campaign Debates

Henson, J. R., Benoit, W. L. — Tue, 15 Sep 2009 07:08:24 PDT

Which factors influence the topics addressed by candidates in political debates? This study investigates the question of how the level of elective office influences the content of political debates by employing computer content analysis to investigate the issue emphasis of political campaign debates. Paul Peterson's (1995, The price of federalism. Washington, DC: CQ Press) theory of functional federalism recognizes that political offices at different levels of government have discrete purviews, so that senators are more likely to emphasize national issues than governors. This study confirms the prediction of functional federalism in non-presidential debates and then extends it by demonstrating that presidential campaign messages emphasize federal issues even more than Senate (or gubernatorial) discourse.

In Memoriam: Samuel H. Beer Deil S. Wright

Weissert, C. — Tue, 15 Sep 2009 07:08:24 PDT

Intergovernmental Management for the 21st Century, edited by Timothy J. Conlan and Paul L. Posner.

Wright, D. — Tue, 15 Sep 2009 07:08:24 PDT

Constitutionalizing Secession in Federalized States: A Procedural Approach, by Miodrag Jovanovic. * Defunct Federalisms: Critical Perspectives on Federal Failure, edited by Emilian Kavalski and Magdalena Zolkos.

Tremblay, A. — Tue, 15 Sep 2009 07:08:24 PDT

Referees for 2007-2008

Tue, 15 Sep 2009 07:08:24 PDT

The State of American Federalism 2008-2009: The Presidential Election, the Economic Downturn, and the Consequences for Federalism

Dinan, J., Gamkhar, S. — Fri, 19 Jun 2009 07:04:40 PDT

The most consequential developments for American federalism in 2008–2009 were the presidential election and economic recession. After several years when states were the primary innovators on many issues that topped the policy agenda, the economic downturn drew renewed attention to federal policy-making, given the greater resources and capacities of the federal government. Although federalism was not a dominant issue in the presidential campaign, Barack Obama's election and sizable Democratic congressional gains had important implications for federal-state relations by putting federal power in the service of a different set of policy goals, encouraging state experimentation on a different set of policy issues, and producing a greater willingness to respond to state pleas for financial assistance.

State Immigration Policies: Innovation, Cooperation or Conflict?

Newton, L., Adams, B. E. — Fri, 19 Jun 2009 07:04:40 PDT

This article considers the recent expansion of state immigration policy, focusing on how states have chosen to enter a field where federal dominance has been the norm. Using state immigration legislation in 2006 and 2007, we find that states exercise their authority in two ways. First, federal immigration laws often delegate tasks to state and local agencies or are structured to grant options for state participation. Second, states frequently create immigration policy by legislating in areas that are not directly about, but are related to immigration, thereby allowing them to develop de facto immigration policies without overstepping their restricted authority in this sphere. Even though states’ activity may be spurred by frustration with the failure of Congress to reform immigration laws, cooperation—not conflict—is the norm.

Whither Subnational Climate Change Initiatives in the Wake of Federal Climate Legislation?

Engel, K. H. — Fri, 19 Jun 2009 07:04:40 PDT

The imminent prospect of federal climate change legislation raises two questions: will state and local governments continue to press forward with climate change initiatives in the wake of congressional action and, if so, what is the likelihood these initiatives will survive the threat of federal preemption? The article concludes that state and local action on climate change is motivated only in part by the federal government's failure to adopt a national climate regulatory program and hence is likely to continue and perhaps even intensify. While a cap and trade program is likely to preempt state regulation of emissions allowances, it is unlikely to preempt many of the climate initiatives being pursued. However, the effect upon existing regional cap and trade regimes remains the biggest question mark.

State and Local Finance: Increasing Focus on Fiscal Sustainability

Ward, R. B., Dadayan, L. — Fri, 19 Jun 2009 07:04:40 PDT

Researchers in state and local finance have placed increasing focus in recent years on "fiscal sustainability," the ability of governments to meet existing spending commitments with existing resources. The Governmental Accounting Standards Board (GASB), which establishes accounting and financial reporting standards for states and local governments, is considering setting standards in this area. This article analyzes recent history of states’ expenditures and revenues as context for potential trends. It examines descriptions of fiscal sustainability that have been offered in previous literature and suggests a need for clear definition. The article discusses potential implications of action by GASB in this area, as well as developments in the economy and potential action at the federal level that may influence state and local budgets in the years ahead.

State Opposition to REAL ID

Regan, P. M., Deering, C. J. — Fri, 19 Jun 2009 07:04:40 PDT

The REAL ID Act requires states to adopt standardized procedures and formats for state driver's licenses and IDs. Twenty-one states have passed a law or resolution in formal challenge to REAL ID; only seven states have not initiated a formal challenge. Using qualitative and quantitative analyses, we find that relatively less populous and less wealthy states, which are likely to be more impacted by unfunded mandates and more conservative states, which are more likely to be concerned about retaining state control, were more likely to oppose REAL ID. States with stronger privacy orientations also were more likely to pass statutes or resolutions in opposition. Our qualitative analysis also implies that social advocacy coalitions and state associations played important roles in facilitating and leading state resistance.

Reauthorization of the Federal Higher Education Act and Accountability for Student Learning: The Dog that Didn't Bark

Lowry, R. C. — Fri, 19 Jun 2009 07:04:40 PDT

An important feature of President George W. Bush's education policy was the promotion of accountability by requiring the collection and dissemination of data on student learning outcomes. In the case of primary-secondary education, this resulted in the No Child Left Behind act. When the Department of Education sought to initiate a rulemaking on measuring student achievement in postsecondary institutions, this was rebuffed by Congress in 2007 and then further precluded in the 2008 reauthorization of the Higher Education Act. This difference in outcomes reflects differences in policy issues, institutional relationships between federal, state and private actors, and interest group communities. As a result, explanations for the expansion of federal authority under No Child Left Behind do not necessarily transfer to postsecondary education.

Criminal Disenfranchisement and the Challenge of American Federalism

Ewald, A. C. — Fri, 19 Jun 2009 07:04:40 PDT

This article reviews recent developments in American felony disenfranchisement law. Examining several variables’ impact on states’ likelihood of enacting reform, I find that only initial policy severity proves a strong predictor of restriction-relaxing change, as most of the dozen states enacting such reforms in the last decade began the period with extremely restrictive policies. Entrepreneurship by African American and Democratic lawmakers has been important, but many Republicans conclude that debating disenfranchisement can be advantageous to them, as well. The Help America Vote Act has centralized administration of this policy, while local officials retain important roles. The article concludes by examining two unresolved problems: whether ineligibility follows a person moving from one state to another, and whether Congress has the constitutional authority to enfranchise former offenders.

Stretched Net: The Retrenchment of State and Local Social Welfare Spending Before the Recession

Gais, T. L. — Fri, 19 Jun 2009 07:04:40 PDT

This article examines social welfare spending on the eve of the recession to understand the likely effects of the economic downturn on the funding of state and local social welfare systems. It finds that state and local spending outside of medical assistance lost much of its real fiscal value since the last recession of 2001–02, especially when inflation-adjusted expenditures are compared to measures of need. Other trends include a growing concentration of state social welfare budgets around medical assistance, declines in federal assistance to states, and growing differences in social service spending across states of different fiscal capacities. The recession may exacerbate most of these developments and, along with the federal stimulus package, reduce the role of state governments in funding the national social welfare system.

Explaining Federalism: State, Society and Congruence in Austria, Belgium, Canada, Germany and Switzerland, by Jan Erk.

Allen, C. S. — Fri, 19 Jun 2009 07:04:40 PDT

Enhancing Government: Federalism for the 21st Century, by Erwin Chemerinsky.

Nathan, R. P. — Fri, 19 Jun 2009 07:04:41 PDT

The Politics of Constitutional Change between Reform and Evolution

Behnke, N., Benz, A. — Wed, 18 Mar 2009 10:08:26 PDT

In this article, we investigate the dynamics of constitutional policy. Starting from the observation that federal systems are confronted with a two-sided dilemma of stability and flexibility, the question is how necessary constitutional change can be accomplished in spite of special rules of amendment and numerous veto players. We propose an analytical distinction of reform and evolution as two modes of constitutional change that can complement and in part substitute for each other. Comparative research shows that those two modes can effectively account for different patterns of constitutional change and that a two-track mode of constitutional change making use of a flexible interplay of both reform and evolution can best secure federal stability over the long run.

Constitutional Design and Change in Federal Systems: Issues and Questions

Simeon, R. — Wed, 18 Mar 2009 10:08:26 PDT

This article reviews the literature on constitutional design and change, especially in territorially divided societies that have adopted or are considering the adoption of federal or federalist regimes. The study of these processes, it argues, must integrate normative and empirical analysis and must be highly sensitive to historical, cultural, economic and geo-political contexts. There are few sustainable generalizations in the field, and few prescriptions for constitution-making processes or specific constitutional arrangements that are easily transferable. Questions addressed in the article include: What are the starting points or drivers for movements to constitutional change; what are the issues that arise in efforts to reform federal constitutions; who participates; in what arenas; with what decision rules; and with what results?

Constitutional Change Without Constitutional Reform: Spanish Federalism and the Revision of Catalonia's Statute of Autonomy

Colino, C. — Wed, 18 Mar 2009 10:08:26 PDT

This article analyzes the constitutional change in federations that is driven by the bottom-up reform of subnational units’ constitutional arrangements as an alternative to the reforms of the federal constitution. Looking at the case of Catalonia's recent reform of its statute of autonomy, it discusses and evaluates some of the benefits and pitfalls of the utilization of substantial subnational constitutional discretion and the likely consequences of this mode of reform for the Spanish model of federalism and others. This is done through the study of the initiation of the Catalan reform process, its content and scope, and through the investigation of the political and institutional factors that account for its occurrence and final outcomes.

Devolution in the United Kingdom: Problems of a Piecemeal Approach to Constitutional Change

Jeffery, C. — Wed, 18 Mar 2009 10:08:26 PDT

The UK's devolution reforms have been piecemeal, directed at specific territorial issues in one or other part of the UK, and poorly coordinated with one another. While this piecemeal approach reflects a centuries-old approach to territorial statecraft in the UK, the addition since 1999 of democratic process and, more recently, partisan conflict between UK and devolved government, has established strong centrifugal tendencies. The article explores how territorial policy variation, inter-regional spillovers, the fusion of UK central government institutions with those for governing England, contradictions in public opinion, and under-institutionalized intergovernmental relations underline that centrifugal dynamic. Most significantly there has been no sustained attempt to review and renew the purposes of union since devolution.

Constitutional Change in Switzerland

Braun, D. — Wed, 18 Mar 2009 10:08:27 PDT

The article presents a case of successful constitutional change in Switzerland, the "re-assignment of responsibilities between the federal government and the cantons and the new fiscal equalization scheme," which was adopted in 2004 by referendum. By starting from the general assumption that ways and means are needed to strengthen general interests at the expense of distributive interests in constitutional discussions, the article endeavors to identify favorable conditions for successful constitutional change. By using insights from "constitutional political economy" and "actor-centered institutionalism," four such conditions are revealed: the procedural separation of problem solving and bargaining interaction modes; the importance of ideational factors like "frames," "causal theories," and focal points; active agenda-crafting; and the structuring of constitutional debates by earlier decisions. In addition, this article highlights that other conditions, more directly linked to interest and interest struggle, can help to mitigate the intensity of distributive conflicts and are therefore indirectly conducive to a problem-solving interaction orientation of actors.

Reforming Federalism in Germany: Incremental Changes instead of the Big Deal

Burkhart, S. — Wed, 18 Mar 2009 10:08:27 PDT

The unique characteristics of Germany's federalism have been long identified as one of the main obstacles to legitimate and efficient governance. In 2006, the grand coalition adopted a federal reform which aims to disentangle the intertwined levels of government by reducing the influence of the Länder governments in federal policy-making and strengthening the Länder by granting more legislative competences to the federal states. In this article, I summarize the reasons for the constitutional change, provide a short overview of the reform process, and evaluate its results. I argue that the achieved compromise will only lead to incremental changes in Germany's federalism and will not be sufficient to solve the perceived problems of Germany's federal structure.

Healthy Voices, Unhealthy Silence: Advocacy and Health Policy for the Poor, by Colleen M. Grogan and Michael K. Gusmano.

Burke, C. — Wed, 18 Mar 2009 10:08:27 PDT