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The collective-action constitution

The collective-action constitution / Neil S. Siegel.
New York : Oxford University Press, [2024]
Physical Description
xii, 503 pages ; 25 cm.
"The primary structural purpose of the United States Constitution is to empower the federal government to solve problems that the states would need to act collectively to solve, and to prevent the states from undermining these solutions or causing such problems from the perspective of the Constitution or Congress. Any faithful account of what the Constitution is for and how it should be interpreted must include this main structural function. The Constitution was established principally because of the widely recognized failures of its predecessor, the Articles of Confederation, to adequately address "collective-action problems" facing the states, including funding the national government, regulating foreign and interstate commerce, and defending the nation from attack. These challenges are called collective-action problems because the states would need to cooperate or coordinate their behavior-they would need to act collectively, not individually-to solve them, and they would often struggle to do so. In a fundamental sense, the U.S. Constitution is the Collective-Action Constitution, and the sobering problems facing America today-including inadequate access to health care, climate change, the COVID-19 pandemic and future ones, opioid addiction, gun violence, racism and other bigotry, political extremism, unlawful immigration, terrorism, and nuclear proliferation-cannot be adequately dealt with by government if Americans do not recognize this truth. The main goal of the Collective-Action Constitution is not to vindicate a conception of economic efficiency, but to create and maintain political and economic union"-- Provided by publisher.
Other formats
Online version: Siegel, Neil S. Collective-action constitution New York : Oxford University Press, 2024
Added to Catalog
May 21, 2024
Oxford theoretical perspectives in law.
Includes bibliographical references and index.
Foundations : McCulloch
The new "science of politics"
The roles of the states and the interstate compacts clause
The necessity of federal power : taxing, spending, and borrowing
Interstate commerce, foreign commerce, and related principles
National security, positive externalities, and national uniformity
Executive energy, judicial authority, and federal supremacy
Races to the bottom, interstate coordination, and territorial empire
Constitutional rights, collective action, and individual action
The collective costs of strict supermajority requirements
The problem of congressional gridlock.

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