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Legislative Balancing through Intergovernmental Bargaining

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter Seven proposes a more modest modification to the anti-commandeering rule, requiring judicial deference to consensual state-federal legislative bargaining over federalism entitlements. ... More


Budgetary Duties

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the basic principles of the spending power; confidential and covert spending; the President's duty to submit a national budget; presidential refusal to spend appropriated funds ... More


The Structural Safeguards of Federalism Bargaining

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0009
Subject:
Law, Constitutional and Administrative Law

Chapter Nine explores the structural safeguards of bilateral balancing through the bargaining norms and media of exchange that accompany the trade in federalism entitlements. Federalism bargaining ... More


The Role of the Political Branches: Negotiating Federalism

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0008
Subject:
Law, Constitutional and Administrative Law

Chapter Eight summarizes the federalism safeguards debate, considers the role of negotiated governance, and highlights potential contributions from the academic negotiation literature. Most ... More


Buying Social Justice: Equality, Government Procurement, and Legal Change

Christopher McCrudden

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232420
eISBN:
9780191716058
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232420.001.0001
Subject:
Law, Public International Law, EU Law

Governments spend huge amounts of money buying goods and services from the private sector. How far should their spending power be affected by social policy? Arguments against the practice are often ... More


The Bomb-Proof Power

Michele Landis Dauber

in The Sympathetic State: Disaster Relief and the Origins of the American Welfare State

Published in print:
2012
Published Online:
January 2014
ISBN:
9780226923482
eISBN:
9780226923505
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226923505.003.0006
Subject:
Law, Legal History

This chapter presents a close examination of the drafting of the Social Security Act which corrects some key misperceptions of this history. Today, it is generally understood that the Constitution ... More


Introduction

Melanie Tebbutt

in Being Boys: Youth, Leisure and Identity in the Inter-war Years

Published in print:
2012
Published Online:
September 2012
ISBN:
9780719066139
eISBN:
9781781704097
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719066139.003.0001
Subject:
History, Social History

Introduces the author's father and his diaries. Provides background to the social and cultural climate of the interwar years. Explains contemporary ideas of masculinity, the advent of 'adolescence', ... More


Federalism by Waiver after the Health Care Case

Samuel R. Bagenstos

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0015
Subject:
Law, Constitutional and Administrative Law

The Court’s Spending Clause ruling will have potentially far-reaching effects on the constitutionality of federal statutes, as states will be prompted to challenge other conditional-spending laws in ... More


Federalism from Federal Statutes: Health Reform, Medicaid, and the Old-Fashioned Federalists’ Gamble

Abbe R. Gluck

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0017
Subject:
Law, Constitutional and Administrative Law

The most consequential component of the Supreme Court’s decision was its holding that the ACA’s Medicaid expansion exceeded Congress’s power under the Spending Clause. Nearly every major federal ... More


Fiscal Interventions: Fat Taxes and Subsidies

W. A. Bogart

in Regulating Obesity?: Government, Society, and Questions of Health

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199856206
eISBN:
9780199369621
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856206.003.0006
Subject:
Law, Medical Law

This chapter considers proposals for using taxation and subsidies to promote healthy eating/drinking. It focuses on two suggestions: the first involves taxing nonnutritious foods in order to suppress ... More


Health Policy Devolution and the Institutional Hydraulics of the Affordable Care Act

Theodore W. Ruger

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0021
Subject:
Law, Constitutional and Administrative Law

This chapter seeks to understand, and tentatively predict, various aspects of the structural interplay between states and the federal government in the early implementation of the ACA, by drawing on ... More


Medicaid’s Next Fifty Years: Aligning an Old Program with the New Normal

Sara Rosenbaum

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0020
Subject:
Law, Constitutional and Administrative Law

The largest of all means-tested entitlement programs and a long-term survivor of battles over spending and ideology, Medicaid was significantly transformed by the ACA. But to enable Medicaid to more ... More


The Affordable Care Act and the Constitution: Beyond National Federation of Independent Business v. Sebelius

Timothy Stoltzfus Jost

in The Health Care Case: The Supreme Court's Decision and Its Implications

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199301058
eISBN:
9780199344888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301058.003.0019
Subject:
Law, Constitutional and Administrative Law

NFIB v. Sebelius is only one of dozens of cases challenging various provisions of the ACA. This chapter analyzes other constitutional challenges to the Act, some of which have ... More


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