Coronavirus

Covid-19, the USA and the Generation of Constitutional Conflict

Covid-19, the USA and the Generation of Constitutional Conflict

Abstract

The United States has responded ineffectively to the COVID-19 pandemic, raising questions about the capacity of contemporary American federalism to deal with crises.  This article examines the scope of power granted to the federal government by the U.S. Constitution and the legislative power available to states under state constitutions, concluding that these powers are adequate to deal with the pandemic and other emergencies.  It then considers whether having multiple governments confronting the crisis has precluded a coordinated response.  Although scholars have highlighted cooperative federalism in the United States, cooperation is not automatic, and in recent years American political parties have become more ideologically cohesive and more polarized. Federalism has multiplied the opportunities for these parties to advance their objectives or to frustrate those of their adversaries in the overlapping domains in which both states and the federal government operate. The result has been uncooperative federalism.

 

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Posted by Alan Tarr in Policies, 0 comments
From Shades to Fragments: US Federal Democracy under the Trump Administration

From Shades to Fragments: US Federal Democracy under the Trump Administration

Abstract

The controversies linked to the current US president aside, the Trump administration has faced obstacles in implementing its political programmes. This is unsurprising as governing in the United States is, in general, quite difficult. Reasons for this stem from the separation of powers at national level, but also the complexity of US federalism. The manifold division of powers in federal and democratic government render the US by comparison a rather uncoupled federal democracy. Despite these constitutional default settings, the United States has witnessed many instances and phases of cross-branch and cross-level cooperation. However, in recent decades, both American federalism and democracy have become increasingly wrought with tensions, polarization and political conflicts. In this contribution, I aim to show that the overarching pattern of US federal democracy has developed into one of fragmentation. This pattern has surely been exacerbated under the Trump presidency, but it has long been in the making.

 

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Posted by Jared Sonnicksen in Case Studies, 0 comments
Covid-19 and its Effects on the Federalism Initiative in the Philippines

Covid-19 and its Effects on the Federalism Initiative in the Philippines

Abstract

In the Philippines, the federalist initiative can be categorized as a relatively recent political project. The country has for the longest time adopted a strong central government that led to top-down governance. Critics have long pointed out that such concentration of power has led to the neglect of many areas in the country. The clamour was particularly loud especially from the southern part of the Philippines were a protracted civil war, essentially, arrested the development potential of a resource rich region. Recently, secessionist moves led by Islamic rebel groups have been toned down owing to a peace settlement signed under the administration of President Benigno Aquino III.  The election of President Rodrigo Roa Duterte in 2016 catalyzed the federalist movement in the Philippines. Under his administration, a consultative commission composed of leading public intellectuals was formed to draft a new constitution to replace the 1987 constitution that on paper, categorizes the country as a unitary state. The draft document christened the “Bayanihan” constitution was eventually submitted to Duterte for his consideration and eventual endorsement to the public (President Duterte receives proposed federal constitution of Consultative Committee – Presidential Communications Operations Office, 2020). Curiously, such expected strong support for this landmark document was not forthcoming owing perhaps to conditions which I will outline below.

 

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Posted by Raymund John P. Rosuelo in Policies, 0 comments
Covid-19 and Federalism in India

Covid-19 and Federalism in India

Abstract

The pandemic due to novel corona-virus in the Indian federation is controlled in its initial stage through centralized institutional arrangements with synergistic relationships of all state governments. Public servants and security forces are responsible to enforce lockdowns. These arrangements, in the exit plan, need to gradually give way to the decentralized responsibilities of local governments including panchayats and municipalities. The contagion can only be prevented by changing human attitudes and behaviours. Local governments and community, closest to the residents, are best placed to bring this change and inculcate physical distancing on sustainable basis. Hence, the role of local governments must be prominent, at least, in the Disaster Management Act, 2005.

 

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Posted by V N Alok in Policies, 0 comments