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학술논문법과정책연구2018.12 발행KCI 피인용 1

The Dangers of Decentralization by Neglect and Destruction

The Dangers of Decentralization by Neglect and Destruction

에린머피(영남대학교)

18권 4호, 229~253쪽

초록

Since the inception of the nation, the governance of the United States has been highly structurally decentralized. The United States Constitution, the founding document of the nation, delegates that the federal government only possesses those powers which are expressly conferred upon it by the federal constitution, or are necessarily implied from such express powers. The rest of the powers are left to the states and the people. Throughout history, the federal government has had eras of great strength and of dissipation of power. [Keywords:decentralization, federalism, appointment power, constitutional law, executive power] The current administration, under President Donald Trump, has paradoxically attempted to shift power within the branches of the government to strengthen the executive branch, specifically the role of the president, while weakening most federal agencies through deregulation, lack of staffing and cuts of the federal budget. This destruction of the federal government system has not been accompanied with any plan or consultation for decentralization of this power and have left many agencies, such as the environmental protection agency and justice department with less than 50% of key positions filled in almost two years of Trump’s presidency. This lack of oversight and planning is not an effective way for the government to become more decentralized, which is an objective that could be achieved in some areas to the benefit of the nation.

Abstract

Since the inception of the nation, the governance of the United States has been highly structurally decentralized. The United States Constitution, the founding document of the nation, delegates that the federal government only possesses those powers which are expressly conferred upon it by the federal constitution, or are necessarily implied from such express powers. The rest of the powers are left to the states and the people. Throughout history, the federal government has had eras of great strength and of dissipation of power. [Keywords:decentralization, federalism, appointment power, constitutional law, executive power] The current administration, under President Donald Trump, has paradoxically attempted to shift power within the branches of the government to strengthen the executive branch, specifically the role of the president, while weakening most federal agencies through deregulation, lack of staffing and cuts of the federal budget. This destruction of the federal government system has not been accompanied with any plan or consultation for decentralization of this power and have left many agencies, such as the environmental protection agency and justice department with less than 50% of key positions filled in almost two years of Trump’s presidency. This lack of oversight and planning is not an effective way for the government to become more decentralized, which is an objective that could be achieved in some areas to the benefit of the nation.

발행기관:
한국법정책학회
DOI:
http://dx.doi.org/10.17926/kaolp.2018.18.4.229
분류:
법학

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The Dangers of Decentralization by Neglect and Destruction | 법과정책연구 2018 | AskLaw | 애스크로 AI