미국의 연방주의: 탄생과 유지의 비결

Abstract

【Abstract】 Exploring Clues to the Living Federalism in the U.S. Okyeon Yi (Seoul National University) To determine whether federalism executes multi-level governance to realize democracy, we examine 1) constitutional codification, 2) institutionalization of separation of powers, 3) fiscal federalism beyond financial decentralization, and 4) judicial review of the Constitutional or Supreme Court. Ever since Hamilton discussed the promise and peril of fiscal federalism, scholars and practitioners alike share his paradox. Federalism promises that e pluribus unum, i.e. it can make one out of many while it can also take advantage of both big and small governments. However, it also portends a peril that a large, diverse federation lacks power to fight against a centralized adversary due to its impotent central government. Yet at the same time, some critiques of federalism argue that national government tends to amass excessive power only to intrude upon the rights of subnational units and their constituents. The fundamental tension among pundits of federalism, then, lies in a natural tendency of federalism either to get excessively centralized or too decentralized. The American federalism poses an interesting case in which both sides of federalism may find rich evidences to substantiate their claims on federalism. In this paper, I explore clues to the living federalism in the U.S. by analyzing how it was shaped in the nation-building process and how it survived historical turbulences while focusing on its formation, institutionalization both in political and fiscal realms, and the impact of the Supreme Court’s role.