Government Structures in the U.S.A. and the Sovereign States of the Former U.S.S.R: Power Allocation among Central, Regional, and Local Governments

By James E. Hickey Jr.; Alexej Ugrinsky | Go to book overview

avenue for dissent and raises the consciousness of the people, this benefit must be balanced against the potentially negative effect of the perception of American disharmony in the international arena.

The republic of the United States was born in 1789. In 1992 the concept of federal supremacy over foreign affairs may be in need of modification in order to adapt to the changing world. With advancement in communication, foreign policy today includes many issues such as trade, jobs abroad, environmental activity, cultural and educational programs, and human rights. Thus it seems reasonable to encourage our individual citizens, states, and local governments to participate actively in the implementation of foreign policies that affect their lives. State involvement in foreign affairs should be permissible as long as the state activity does not significantly damage the goal of our federal government to speak for the nation as a whole and with one voice.

It is time to contemplate a new federalism that encourages state and local involvement in certain foreign affairs matters. Federal deregulation, federal budget cutbacks, and pressure from constituents have forced states to assume responsibility for what once were perceived as exclusively "federal" issues. Political action committees are forming everywhere and their influence is pervasive. Special interest groups are growing at an unprecedented rate. Grassroots advocacy has proven to be quite effective in protecting and advancing the interests of states and local entities on such issues as hazardous waste disposal, international trade, clean air and water, banking, and workplace safety--that is, traditional federal issues. 48 Such a new federalism would have the beneficial effect of encouraging the ordinary reasonable citizen to participate in foreign policy by actively engaging in local government.


NOTES
1.
L. Henkin, Foreign Affairs and the Constitution 227 ( 1972) (hereinafter referred to as Henkin). See also Bilder, "The Role of States and Cities in Foreign Relations, 83" American Journal of International Law821 ( October 1989) (hereinafter referred to as Bilder).
2.
The Federalist No. 42, at 279 ( J. Madison) ( J. Cooke ed., 1961).
3.
Maier, "Preemption of State Law: A Recommended Analysis, 83" American Journal of International Law832 ( October, 1989) (hereinafter referred to as Maier).
4.
Id., at 832.
5.
Spiro, "Taking Foreign Policy Away from the Feds, 11", 1 The Washington Quarterly191 (Winter 1988) (page 42 on Lexis) (hereinafter referred to as Spiro).
6.
Maier, supra note 3, at 832.
7.
See, e.g., U.S. Const. Art. I, § 8, cls. 1 (duties and imposts); Art. I, § 8, cls. 3 (foreign commerce.); Art. I, § 8, cls. 4 (immigration); Art. I, § 8, cls. 5 (foreign exchange rates); Art. I, § 8, cls. 10 (piracy, offenses against the law of nations); Art. I, § 8, cls. 11 (declaration of war); Art. II, § 1, cls. 1 (executive power); Art. II, § 2, cls. 1 (commander

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