What Federalism Was For
Dividing power between levels of government was a solution to a specific problem. It is worth asking whether that problem is still the one we have.
Common law systems remember by deciding. That makes the archive of decisions something more than a record.
Dividing power between levels of government was a solution to a specific problem. It is worth asking whether that problem is still the one we have.
A regime can be perfectly orderly and still fail every test the phrase was meant to impose.
The distinctions that organise a field are also the ones that decide, in advance, which questions can be asked in it.
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