Skip to main content
×
Home
    • Aa
    • Aa
  • Get access
    Check if you have access via personal or institutional login
  • Cited by 1
  • Cited by
    This article has been cited by the following publications. This list is generated based on data provided by CrossRef.

    Yirush, Craig 2012. THE IDEA OF RIGHTS IN THE IMPERIAL CRISIS. Social Philosophy and Policy, Vol. 29, Issue. 02, p. 82.


    ×

FEDERALISM AND THE OLD AND NEW LIBERALISMS

  • Jacob T. Levy (a1)
  • DOI: http://dx.doi.org/10.1017/S0265052507070136
  • Published online: 01 January 2007
Abstract

The transition from a relatively federal to a relatively centralized constitutional structure in the United States has often been identified with the shift from classical to welfare liberalism as a matter of public philosophy. This article argues against that distinction. The liberal argument for federalism is a contingent one, built on approximations, counterbalancing, and political power. A more federalist constitution is not automatically a freer one on classical liberal understandings of freedom. Neither is a more centralized constitution automatically a better match with the ideals of welfare liberalism. The article sketches a constitutional history of federalism from the founding, through an era in which centralization was aligned with skepticism about liberal constitutionalism (for both meanings of liberal), to an era in which centralization was aligned with increases in liberal freedom (for both meanings of liberal).

Copyright
Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Social Philosophy and Policy
  • ISSN: 0265-0525
  • EISSN: 1471-6437
  • URL: /core/journals/social-philosophy-and-policy
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×