ABSTRACT

Administrative federalism posits a single mechanism of government for the United States, with many centers of action, which between them are to perform all the functions required of government by the American people. Confirmation hearings for Justice Roberts and Alito gave little indication of their stances on federalism and it remains an open question as to whether the new Roberts court will try to curb congressional power and favor state governments. Regardless of the impreciseness of constitutional federalism and the longed for, but not achieved, preciseness of states’ rights federalism, those at work on the operating side of the federal system have from the beginning been establishing yet another view of federalism. Democrats continued to support a cooperative federalism that relied on a flexible intergovernmental approach to policy problems. Stymied by the Democrats’ control of Congress, Republican presidents appointed Supreme Court justices who shared the party’s federalism vision.