Over the course of the nation s history, the Constitution has
been turned upside-down, Michael Greve argues in this provocative
book. The Constitution s vision of a federalism in which local,
state, and federal government compete to satisfy the preferences of
individuals has given way to a cooperative, cartelized federalism
that enables interest groups to leverage power at every level for
their own benefit. Greve traces this inversion from the
Constitution s founding through today, dispelling much received
wisdom along the way.
"The Upside-Down Constitution" shows how federalism s
transformation was a response to states demands, not an imposition
on them. From the nineteenth-century judicial elaboration of a
competitive federal order, to the New Deal transformation, to the
contemporary Supreme Court s impoverished understanding of
constitutional structure, and the devolution in vogue today, Greve
describes a trend that will lead to more government and fiscal
profligacy, not less. Taking aim at both the progressive heirs of
the New Deal and the vocal originalists of our own time, "The
Upside-Down Constitution" explains why the current fiscal crisis
will soon compel a fundamental renegotiation of a new federalism
grounded in constitutional principles.
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