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Federalism and SubsidiarityNOMOS LV$
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James E. Fleming and Jacob T Levy

Print publication date: 2014

Print ISBN-13: 9781479868858

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9781479868858.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 29 June 2022

Defending Dual Federalism

Defending Dual Federalism

A Bad Idea, But Not Self-Defeating

(p.22) 2 Defending Dual Federalism
Federalism and Subsidiarity

Michael Blake

NYU Press

This chapter responds to an article by Sotirios A. Barber, who argued that defending dual federalism is a self-defeating act because it denies the existence of both a controlling national good, such as national prosperity or democracy, and an authoritative national judge. Barber anchors his case upon a particular view of what the function of a national forum must be and what it means to engage with that forum. While the chapter acknowledges that dual federalism is unattractive, it contends that its defects are at the level of substantive morality; those who defend it do not contradict themselves—they simply offer a less than attractive vision of the national community. The chapter claims that the debate over dual federalism cannot be decided by considerations of the logic of the forum, and that the failure of dual federalism cannot be situated within its performative logic.

Keywords:   dual federalism, national good, democracy, national forum, morality, logic of the forum

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