Ewolucja percepcji federalizmu w Stanach Zjednoczonych Ameryki
Evolution of the perception on federalism in the United States of America
Author(s): Jerzy JaskierniaSubject(s): Government/Political systems, Political psychology, Politics and society
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: perception; federalism; USA; constitution;
Summary/Abstract: The Author refers to the achievements of Professor Andrzej Pullo concerning the American federalism. While analyzing the relations between the federation and the states in the paper Division of Powers between the Federation and the States in the United States of America Andrzej Pullo emphasized the evolution from ,,dualistic federalism” to ,,cooperative federalism”. This approach accurately showed the fact that the dualistic model, included in the constitution, lost its importance as a result of expanding cooperation between federal and state authorities, which became particularly evident after the announcement of the ,,New Deal” by president E D. Roosevelt. A new challenge was brought by the practice of federal subsidies for states, which could theoretically weaken their position in the system of the division of powers. The theory of the ,,new federalism” was focused on stopping this threat. It was supported by the Supreme Court during the presidency of W.Rehnquist, which stopped the tendency to expand the federal power by its rulings. Recent theories, such as ,,polyphonic federalism”, are the attempt to reflect complex relations between the federation and states. This contemporary perception is characterized by realistic approach, but there is still the question whether so multi-threaded model can serve as the constitutional framework for assessing political practice. From this point of view, the ,,dualistic model” as a constitutional model do not lose its significance, though the political practice reveals that it has undergone important modifications affecting the new forms of cooperation between the federation and states. It was visible when the theory of ,,cooperative federalism” was created and today leads to a new theoretical determination of this cooperation.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2014
- Issue No: XXXI
- Page Range: 306-320
- Page Count: 16
- Language: Polish