FEDERALISM AND COMMUNITY IN HISTORICAL PERSPECTIVE
In: Publius: the journal of federalism, Band 5, Heft 2, S. 1-14
ISSN: 0048-5950
AS A BACKGROUND FOR COMPARING VARIOUS VIEWPOINTS ON THE SUBJECT, DISTINCTIONS BETWEEN "TRADITIONAL" & "MODERN" MEANINGS OF FEDERALISM & COMMUNITY ARE DRAWN. REFERENCE IS MADE TO THE HISTORICAL CONCEPT OF FEDERALISM AS BEING A "PARTICULAR PRINCIPLE OF ASSOCIATION CONTAINING BOTH STRUCTURAL & BEHAVIORAL ASPECTS." THROUGH AN "ASSOCIATION BY COVENANT," DIFFERENCES BETWEEN FEDERAL SYSTEMS POINT TO VARIABLES IN THE COMMUNITIES DOING THE FEDERATING, AS WELL AS THEIR REASONS FOR WANTING FEDERALISM. THE NEED FOR THE ESTABLISHMENT OF PEACEFUL RELATIONS BETWEEN HISTORICAL COMMUNITIES (EACH WITH ITS OWN LAW & ITS OWN GOD OR GODS) IS CITED AS ONE OF THE BEST EXAMPLES OF THE UNIQUELY "TRADITIONAL" LIMITS & POTENTIAL OF FEDERALISM. THE MODERN MEANING OF FEDERALISM IS CONTAINED WITHIN THESE CHARACTERISTICS OF THE MODERN COMMUNITY: (1) THE "SEPARATION OF HUMAN RIGHTS FROM THE LAW & THE SHIFT IN EMPHASIS FROM THE LATTER TO THE FORMER," (2) THE BELIEF THAT "THE LAW OF THE LAND CAN BE AMENDED BY HUMAN WILL," & (3) EFFORTS TO RESOLVE THE "PROBLEM OF SOVEREIGNTY" BY CONSTITUTIONAL & REPUBLICAN MEANS. J. SHIFFER.