Federalism and Subsidiarity

James E. Fleming is Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He is the author or co-author of several books, including Securing Constitutional Democracy: The Case of Autonomy and, with Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues.Jacob T. Levy is Tomlinson Professor of Political Theory, Department of Political Science, McGill University. He is the author of The Multiculturalism of Fear and Rationalism, Pluralism, and Freedom.

The essays in this volume represent interesting and thoughtful contributions toward a full theorization of the relationship between subsidiarity and federalism within the domestic political paradigm. (Publius)

• Preface James E. Fleming and Jacob T. LevyContributors PART I. FEDERALISM, POSITIVE BENEFITS, AND NEGATIVE LIBERTIES 1. Defending Dual Federalism: A Self-Defeating Act Sotirios A. Barber 2. Defending Dual Federalism: A Bad Idea, but Not Self-Defeating Michael Blake 3. The Puzzling Persistence of Dual Federalism Ernest A. Young 4. Foot Voting, Federalism, and Political Freedom Ilya SominPART II. CONSTITUTIONS, FEDERALISM, AND SUBSIDIARITY 5. Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law Steven G. Calabresi and Lucy D. Bickford 6. Subsidiarity, the Judicial Role, and the Warren Court's Contribution to the Revival of State Government Vicki C. Jackson 7. Competing Conceptions of Subsidiarity Andreas Follesdal 8. Subsidiarity and Robustness: Building the Adaptive Ef?ciency of Federal Systems Jenna BednarPART III. THE ENTRENCHMENT OF LOCAL AND PROVINCIAL AUTONOMY, INTEGRITY,AND PARTICIPATION 9. Cities and Federalism Daniel Weinstock 10. Cities, Subsidiarity, and Federalism Loren King 11. The Constitutional Entrenchment of Federalism Jacob T. LevyPART IV. REMAPPING FEDERALISM(S) 12. Federalism(s)' Forms and Norms: Contesting Rights, De-essentializing Jurisdictional Divides, and Temporizing Accommodations Judith ResnikIndex