horizontal federalism as frames for particular aspects of the
examines the challenges that vertical and horizontal federalism
Thus, it features prominently in the law of international relations, and it is a staple of the law of horizontal federalism, but it has no place in accounts of the relationship between the federal government and the states, since that relationship is characterized by hierarchy.
In the horizontal federalism cases, the relevant rules apply reciprocally and are designed to foster intergovernmental harmony.
Until recently, the academy has been little different, with scholars confining their analyses to horizontal federalism's doctrinal silos.
In our view, what's missing from the literature is an account of the political safeguards of horizontal federalism. And it's missing for reasons that go to the field's core commitments.
Additionally, does vertical federalism (i.e., individual rights and cultural pluralism) have anything to say about the substantive content of horizontal federalism
? We can in most cases determine historically or intuitively why the Canadian founders allocated certain heads of power to the provinces and others to the central government, but do those allocations still make sense today in light of technology or a renewed emphasis on individual rights rather than local self-government?
(31) Indeed, it is this horizontal federalism
that may be
Indeed, second-best solutions of this sort are just what we would expect from one of the political institutions safeguarding horizontal federalism
. Spillovers, in sum, teed up a political process that resulted in a mutually beneficial solution for all parties concerned.
(7) These citations may provide some insight into the extent to which state courts communicate with each other over the meaning of state constitutional provisions and engage in horizontal federalism
75, 117-126 (2001); Allan Erbsen, Horizontal Federalism
, 93 MINN.
In summarizing the importance of horizontal federalism
to the development of state constitutional law, Justice Stewart Pollock of New Jersey speculated that it "may be the hallmark of the rest of the century."(5) Despite its recognized importance, there is a lack of studies that take a comprehensive look at the attention given to one state high court by its sister-state courts in an effort to quantitatively and qualitatively measure the effect of that court across the country.(6) Most studies of state constitutional law focus either on one state's experience(7) or on one topic as treated by many states.(8) In contrast, this study approaches the topic from the inside-out.