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Federalism and the Concept of Sovereignty |
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Abstract:
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The recent federalism cases decided by the U.S. Supreme Court indicate that an increasingly central preoccupation of the Court’s current conservative majority is a reconsideration of the theory of federalism taken for granted since the New Deal. Despite the fact that the concept of sovereignty fell out of favor in political science under the impact of the behavioral movement and in legal theory under the impact of H.L.A. Hart's critique in The Concept of Law, both in the late 1950s, it was one of the central issues of politics at the time of the American founding and thus necessary to the theoretical coherence of the concept of federalism. The hypothesis I wish to explore is that the concept of sovereignty confuses our consideration of the theory of federalism and yet, paradoxically, provides the only possible path to a coherent account of that theory. |
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state (255), feder (171), constitut (158), govern (144), sovereignti (120), nation (106), peopl (100), power (82), federalist (61), new (60), system (55), american (54), author (54), one (52), articl (50), union (46), confeder (46), sovereign (45), polit (44), v (42), unit (41), |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Goldford, Dennis. "Federalism and the Concept of Sovereignty" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p60502_index.html> |
APA Citation:
| Goldford, D. , 2004-09-02 "Federalism and the Concept of Sovereignty" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p60502_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The recent federalism cases decided by the U.S. Supreme Court indicate that an increasingly central preoccupation of the Court’s current conservative majority is a reconsideration of the theory of federalism taken for granted since the New Deal. Despite the fact that the concept of sovereignty fell out of favor in political science under the impact of the behavioral movement and in legal theory under the impact of H.L.A. Hart's critique in The Concept of Law, both in the late 1950s, it was one of the central issues of politics at the time of the American founding and thus necessary to the theoretical coherence of the concept of federalism. The hypothesis I wish to explore is that the concept of sovereignty confuses our consideration of the theory of federalism and yet, paradoxically, provides the only possible path to a coherent account of that theory. |
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| Document Type: |
.pdf |
| Page count: |
36 |
| Word count: |
15420 |
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| FEDERALISM AND THE CONCEPT OF SOVEREIGNTY 2004 AMERICAN POLITICAL SCIENCE ASSOCIATION MEETING DENNIS J. GOLDFORD D R A K E UNIVERSITY E-mail: dennis.goldford@drake.edu An apparently permanent feature of American society is the tension represented by the classic phrase to which most people rarely address careful attention E pluribus Unum--"Out of many one." One of the most prominent contemporary cultural versions of that tension is the controversy over multiculturalism and the reality of the melting pot. Here we see the |
| technical skill and passed on the fullest and most mature deliberation are considered as more or less obscure and equivocal until their meaning be liquidated and ascertained by a series of particular discussions and adjudications."91 It may be not the Founding or original understanding but only historical development that determines the nature of the American union. Otherwise given the evi- dence of ongoing conflict over that nature of the union we might have to consider seriously the possibility that |
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