There are two arguments against Section 3: the federalism argument and the equal-protection argument.
Kennedy seems to be giving serious consideration to striking down DOMA's Section 3 based on the federalism argument alone.
The federalism argument is that marriage and family law have traditionally been state domains, and therefore Congress lacks authority to legislate in these areas.
If he were to grant the Baganda the federalism they want, it would win him warm support from at least a quarter of the population.
ECONOMIST: Uganda's biggest tribe calls for federalism and autonomy
Afghanistan is too immature to deal with a division of powers, and the might of regional warlords militates against the federalism some would favour, he reckons.
By relying upon legal doctrines disavowed since the late 1930s, it faces an immense hurdle in trying to undue decades of precedent and return to the federalism of a bygone age.
FORBES: States' Efforts To Strike Down Health Care Law Harks Back To 1930s Jurisprudence
However, given the deep differences between Shias, Kurds and others over the role of Islam, the extent of federalism and the status of the disputed province of Kirkuk, the government may have to invoke a law that allows for a six-month extension, beyond the August deadline.
The court took a cautious, somewhat narrow approach, affirming longstanding policies while acknowledging that the conservative Supreme Court majority in recent years has raised concerns over whether "the extraordinary federalism costs imposed by Section 5" -- in the words of the appeals court -- mandate continued oversight.
The New Federalism was similar to what would later become Reaganism: tax cuts, more power to the states, welfare reform.
The problem of federalism can get lost in the shuffle.
FORBES: Dismantling Federalism Is A Shortcut With A Very Steep Price
One of the strengths of federalism, long since weakened by the rise of federal funding for state programs, was that voters of each state could see the link between state government expenditures and the cost of those expenditures as taxes paid by state residents.
FORBES: Medicaid benefits politicians more than it benefits citizens
Unlike the American brand, German federalism has the central government making the decisions, and the states are administrative conveniences that carry them out.
Luca Antonini, who chairs the technical committee that advises the government on fiscal federalism, says the entire process should be completed by the end of May.
In recent years, the Supreme Court, under the theory of federalism, has restored broad powers to the states.
Indeed, the constitution recognises that different communities will have diverse priorities and elegantly solves the problem with federalism, leaving powers not prescribed to the national government to the states.
By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power.
FORBES: The Arch Conservative Who Holds The Key To A Supreme Court Obamacare Victory
"The question is whether or not the federal government under a federalism system has the authority to regulate marriage, " he said.
During his time in the Senate, Thompson emphasized his belief in federalism and the abilities of the free market.
Another reform may prove to be the end of Russian federalism, as new laws granted Putin the power to remove popularly elected regional governors and dissolve their legislatures.
CENTERFORSECURITYPOLICY: A Tsar is Born: The Consolidation of Power in Putin��s Russia
The benefits of federalism and proportional representation are widely recognised, but hard to deliver.
That is now a distant memory: the rise of powerful regional identity-driven parties has virtually altered the nature of federalism.
Jim Wallace, the Scottish Liberal Democrat leader, welcomed the nod towards federalism, but indignantly complained that he had not been consulted.
The result will be messy, but that is the price of federalism.
What national parties - specially the Congress - sometimes forget is that federalism has radically changed since the rise of smaller, regional parties and the decline of the Congress.
But the two big ones I would add are, first of all, a new bargain on federalism, on the constitution, and a new bargain on oil.
In an opposite offering, Mr Chirac did not mention federalism or the commission at all.
ECONOMIST: Still the best of friends in the Franco-German motor? | The
Nicolas Sarkozy, the French president, has spoken vaguely of the need for European federalism.
Federalism prevented the incessant conflicts plaguing Eurasia and the dysfunction bedeviling Latin America.
Messily, perhaps, European leaders are at least debating some of the right questions: what degree of fiscal federalism and risk-sharing does the euro zone need to overcome the crisis?
应用推荐