By Erin Ryan, February 8, 2012
This post has been viewed 1,788 times.
The author analyzes how public actors navigate difficult federalism terrain by negotiating directly with counterparts across state-federal lines, and demonstrates that the boundary between state and federal power is negotiated on both a small and large scale, and on an ongoing basis. The article also recognizes the procedural tools that bilateral federalism bargaining offers to supplement unilateral federalism interpretation in contexts of jurisdictional overlap. the author recommends kinds of federalism bargaining that should be encouraged, and the article offers recommendations for legislators, executive actors, stakeholders, practitioners, and adjudicators about how best to accomplish these goals.
