Federalism and political theory: a case of mutual neglect?

Hueglin, Thomas O.

doi:10.4337/9781788112970.00006

Cited by 20 publications

(4 citation statements)

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“…However, covenanting and the biblical cases are understudied in political theory generally and may merit close attention for that reason. The same can be said for federalism as a subject within political theory, which doubly makes the case for taking covenanting, including the biblical case, seriously (Hueglin 2019).…”

Section: How To Structure and Teach Covenantmentioning

confidence: 93%

Theories of covenant and federalism: deep roots with multiple shoots

Moots¹

2023

Teaching Federalism

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Covenants are agreements or pacts used to create a new polity or join existing ones. This action is often necessitated by the absence of an existing authority, as may be the case in a frontier community. Covenanted bodies are formed with voluntary consent by independent and equal parties committing to joint action or obligation. Though the parties to a covenant -whether individuals, defined communities, or legitimate polities -are distinct, their mutual respect and common cause articulated in a covenant creates a new political or social entity. The implicit or explicit moral obligations created by a covenant, including limits on authority, define 'federal liberty'. This conditional liberty differs from 'natural liberty' or the freedom to do whatever one desires (Elazar 1998b(Elazar , 26-7, 1995 Winthrop [1645Winthrop [ ] 1908.Covenanting may integrate elements of natural law or natural right but is distinctly different from political arrangements that are organic, hierarchical, or founded by conquest.Covenants usually include many of the following elements: an historical prologue indicating the parties involved; a preamble stating the general purposes of the covenant and the principles behind it; a body of conditions and operative clauses; a stipulation of the agreed-upon sanctions applied if the covenant is violated; an oath to make the covenant morally binding; and provisions for reaffirmation (Elazar 1995, 24, 194-5).Covenanting enjoys a rich history beginning with the Hebrew peoples and extending into contemporary pseudo-covenants, treaties and trade agreements (Elazar 1998b, 101-59). Strong form or orthodox covenanting draws deeply from theological roots, often making God a party to the covenant and emphasizing both a vertical relationship (with God) and a horizontal relationship (among the people). Weaker forms of covenanting emphasize moral and relational goals, perhaps their divine origin or noting the need for a transcendent

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Section: How To Structure and Teach Covenantmentioning

confidence: 93%

Theories of covenant and federalism: deep roots with multiple shoots

Moots¹

2023

Teaching Federalism

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“…However, federalism and subsidiarity are sometimes posited as rival principles for allocating authority (e.g., Barber, 2018). Many similar debate whether federalism is consistent with or a rival to democracy (compare Kelemen, 2006; Hueglin, 2019; Abizadeh, 2021). These are good‐faith debates.…”

Section: Conceptual Desideratamentioning

confidence: 99%

“…14 14 This distinction builds on Hueglin (2019)'s call to examine federalism on its own terms. Per Hueglin, one must resolve questions about the relationship between federalism and democracy by attending to federalism's basic features.…”

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confidence: 99%

Federalism as an institutional doctrine

Silva

2023

Journal of Social Philosophy

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“… 4. In the United States, moreover, there is no guarantee that states will be more progressive. For discussions of cases where states are resistant to furthering justice in various spaces, see for example (Battle 1980; D. King 2017; Colbern and Karthick Ramakrishnan 2020, especially chapter 4).…”

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confidence: 99%

Sanctuary as democratic non-cooperation

Lenard

2022

Politics, Philosophy & Economics

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Across North America, Europe and Latin America, multiple sub-state jurisdictions have declared themselves to be migrant “sanctuaries”. By adopting sanctuary status, sub-state jurisdictions signal their welcoming attitude towards migrants as well their opposition to the state-level policies that target them for exclusion. In this article, I examine the place of sanctuary in the broader literature of political resistance and opposition in democratic states, and then whether it can be justified all things considered. I locate my examination in the political theory of federalism, to identify an expectation of cooperation – which, it appears, sanctuary jurisdictions are refusing to accept, usually with respect to immigration enforcement efforts. I refer to this form of opposition as “democratic non-cooperation” and identify its key features. I describe a “cooperation continuum”, to suggest that non-cooperation takes four main forms – evasion, non-engagement, disruption and obstruction – which I describe both in general terms and in relation to sanctuary practices in particular. Finally, I observe that the form of opposition that sanctuary is, is not limited to sanctuary: that is, there are other cases of this form of opposition in other policy domains, and moreover, not all of the objectives taken by those who deploy this form of opposition are progressive. Ultimately, this article's central contribution is to fleshing out modes of opposition in democratic spaces in general, by examining the morality of sanctuary actions taken around the world.

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Federalism and political theory: a case of mutual neglect?

Cited by 20 publications

References 10 publications

Theories of covenant and federalism: deep roots with multiple shoots

Theories of covenant and federalism: deep roots with multiple shoots

Federalism as an institutional doctrine

Sanctuary as democratic non-cooperation

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