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Full-Text Articles in Law

Federal Powers And The Principle Of Subsidiarity., Daniel Halberstam Jan 2009

Federal Powers And The Principle Of Subsidiarity., Daniel Halberstam

Book Chapters

Federal systems across the world are generally designed according to the principle of subsidiarity, which in one form or another holds that the central government should play only a supporting role in governance, acting if and only if the constituent units of government are incapable of acting on their own. The word itself is related to the idea of assistance, as in “subsidy,” and is derived from the Latin “subsidium,” which referred to auxiliary troops in the Roman military. See Oxford Latin Dictionary s.v. (1983).


Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson Jan 2009

Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson

Book Chapters

American government is an experiment in redundancy, with powers and duties shared among federal, state, and local decision makers. The arrange­ment is designed to divide power, maximize self-rule, and foster innovation, but it also can breed confusion. In the areas of public safety and environ­mental protection, state and federal leaders (to name the two most active players in these disputes) are often seen jockeying for the inside track, hoping to secure the resources or authority needed to promote their views of the public good or gain politically. To outside observers, the best outcomes are not obvious. For example, should the …