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.

The Upside-Down Constitution

History

Greve, Michael S.

Americas

Harvard University Press

Real federalism is a federalism that promotes citizen choice and competition among the states

Real Federalism: Why It Matters, How It Could Happen

Constitutional Law

AEI Press

Politics & Social Sciences

Politics & Government

For well over two centuries, the United States Constitution has served as a charter for a free, democratic government and for a country that has risen from a dicey political experiment to an economic and political superpower. In the history of the world, there is nothing like it. In The Constitution: Understanding America’s Founding Document, Michael S. Greve explains how to think seriously about the United States Constitution and constitutions in general. What are constitutions supposed to do, and what can they accomplish? Why was the specific form of the Constitution—including both its structure and its rights catalogue—so important? Why is the Constitution so difficult to amend? Greve provides a fresh perspective on the Constitution’s structure and our enduring constitutional controversies, from federalism and the separation of powers to slavery, civil rights, and the administrative state.

The Constitution: Understanding America's Founding Document (Values and Capitalism)

Federalism questions are at the heart of today’s intensely controversial policy debates. From education to disaster relief to health care and insurance, federal arrangements are failing, and the federal structure itself has reemerged as a subject of public debate. Bloated bureaucracies defy reform and governments pursue ever-deeper debt. These debilities loom especially large in times of economic stress and widespread public disaffection. This essay examines the sources and the scope of federalism’s failures. It provides a trenchant, constitutionally grounded analysis with profound implications for a range of current policy debates. Federalism’s restoration requires not merely rebalancing the federal-state relationship through decentralization. Rather, we must restore the structure of federalism to competitive federalism—which encourages states to compete to enhance freedom and economic growth—in response to the rise of cartel federalism, which squashes competition between the states and makes states dependent on the federal government.

Federalism and the Constitution: Competition versus Cartels

Mercatus Center at George Mason University

See the best price to sell, buy, or rent books by Greve, Michael S.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Greve, Michael S.

See the best price to sell, buy, or rent books by Greve, Michael S.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Upside-Down Constitution

Real Federalism: Why It Matters, How It Could Happen

Real Federalism: Why It Matters, How It Could Happen

The Constitution: Understanding America's Founding Document (Values and Capitalism)

Federalism and the Constitution: Competition versus Cartels