Race to the bottom
Michael Zimmer
zimmermi at shu.edu
Thu Aug 9 20:33:34 PDT 2007
There are many examples. The dispersal of responsibility across the federal
divide frequently leaves no one responsible. Witness Katrina and the bridge
collapse in Minneapolis.
Mike
Michael J. Zimmer
Professor of Law
Seton Hall Law School
One Newark Center
Newark, NJ 07102
973.642.8833
973.642.8194 fax
"Sanford
Levinson"
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Subject
Race to the bottom
08/09/07 08:01 PM
Is there anyone who believes that the early-primary frenzy is a
demonstration of federalism at its very worst? I take it that every state
is behaving "rationally," as is true in all prisoner's dilemma situations,
and that the collective USA is the unmitigated loser.
I am writing this from New Zealand, where I've spent quite a bit of time
explaing the "peculiarities" of the US election system, which no sane
country would adopt (and we retain only because of path dependence). Our
primary system has now become a dysfunctional laughingstock. So the
constitutional hook is this: Could Congress simply impose a sane primary
system in the face of complete and utter irresponsibility of the states and
the lack of any backbone by the ostensibly "national" parties.
Sandy
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