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초록· 키워드
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The American Constitution was designed vertically to devide political powers into a national level of government and the states. The powers of the national government were specified in the document itself, while powers not assigned to the federal government were reserved to the states by the Tenth Amendment. But the contents of the clause was not clear, conflicts between the two levels has always been addressed with differences of degree. However, the 'supremacy clause' in the sixth article resolved the collisions between two levels for the federal government on the one hand, the inherent power under the 'necessary and proper clause' in the first Article contributed to enlarging powers of the federal government on the other.
The history of American federalism has been marked with frequent conflicts over powers to regulate particular matters in certain areas. Before 1787, the term 'federal' had been used to signify confederation, a system in which sovereignty remained with the states. But the Founders departed from its usage and created a 'novelty' and 'compound' which, according to Madison, the nature of federalism was national and federal. The fundamental and permanent character of the Union was seen in the decision of Texas v. White(7 Wallace 700: 1869) rendered just after the Civil War. In this case, the Supreme Court held that the Union will be perpetual and a state could not constitutionally secede. Thus, the dual federalism of the early period, under which political powers are shared by the federal government and the states, was to be vanished sooner or later.
The values which were intended to be served by the new system of federalism are these: The first value was to protect individual 'freedom' by checking between the federal government and the states vertically and by using powers for the people in terms of the principle of popular sovereignty. The second value was to keep 'diversity' itself, thecharacteristics of the U. S. A. which consists of different
cultures and areas, above all, the interest of the minorities. The third value was to promote 'efficiency' by overcoming conflicts among the states. Even unitary, consolidated governments find it necessary to devolve certain functions on subnational or local authority. To fulfill these values, the U. S. A. has been used the method of constitutional amendment, for example, Amendment 13, 14 and 15.
In the 20th century, American federalism has been developed with New Deal and World War I and II, from 1933 to 1945. This period witnessed the wholesale centralization of policy responsibilities by the implementation of aggressive economic policy and total mobilization for the wars. One policy area after another that previously had been in the hands of the states came into the domain of the federal government. After adopting 'grant-in-aid program' under the Social Security Act of 1935, the mode of 'cooperative federalism' began to dominate federal-state relationships. Successive Presidents have championed in the realignment of powers between two levels of the nation and the states. President Johnson called for a 'creative federalism' that would involve private sector institutions as well as all governments in jointly administered programs. And the next Presidents, the Republicans, called for 'new federalism' by searching for a small government and anticentralist ideology. How to square the ideals with social and economic realities of the 21th century remained a profoundly important issues. At any rate, the final shape of federalism would be left to political accommodation between the federal government and the states.
The history of American federalism has been marked with frequent conflicts over powers to regulate particular matters in certain areas. Before 1787, the term 'federal' had been used to signify confederation, a system in which sovereignty remained with the states. But the Founders departed from its usage and created a 'novelty' and 'compound' which, according to Madison, the nature of federalism was national and federal. The fundamental and permanent character of the Union was seen in the decision of Texas v. White(7 Wallace 700: 1869) rendered just after the Civil War. In this case, the Supreme Court held that the Union will be perpetual and a state could not constitutionally secede. Thus, the dual federalism of the early period, under which political powers are shared by the federal government and the states, was to be vanished sooner or later.
The values which were intended to be served by the new system of federalism are these: The first value was to protect individual 'freedom' by checking between the federal government and the states vertically and by using powers for the people in terms of the principle of popular sovereignty. The second value was to keep 'diversity' itself, thecharacteristics of the U. S. A. which consists of different
cultures and areas, above all, the interest of the minorities. The third value was to promote 'efficiency' by overcoming conflicts among the states. Even unitary, consolidated governments find it necessary to devolve certain functions on subnational or local authority. To fulfill these values, the U. S. A. has been used the method of constitutional amendment, for example, Amendment 13, 14 and 15.
In the 20th century, American federalism has been developed with New Deal and World War I and II, from 1933 to 1945. This period witnessed the wholesale centralization of policy responsibilities by the implementation of aggressive economic policy and total mobilization for the wars. One policy area after another that previously had been in the hands of the states came into the domain of the federal government. After adopting 'grant-in-aid program' under the Social Security Act of 1935, the mode of 'cooperative federalism' began to dominate federal-state relationships. Successive Presidents have championed in the realignment of powers between two levels of the nation and the states. President Johnson called for a 'creative federalism' that would involve private sector institutions as well as all governments in jointly administered programs. And the next Presidents, the Republicans, called for 'new federalism' by searching for a small government and anticentralist ideology. How to square the ideals with social and economic realities of the 21th century remained a profoundly important issues. At any rate, the final shape of federalism would be left to political accommodation between the federal government and the states.
목차
머리말
1. 聯邦主義의 憲法상 意義
2. 聯邦主義의 沿革
3. 聯邦主義의 憲法상 構造
4. 司法的 聯邦主義
5. 2元的 聯邦主義
6. 聯邦優越의 聯邦主義
7. 新聯邦主義
8. 聯邦主義의 課題
[Abstract]
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