Chapter 5 is comparative in nature and explores the enactment of legislation in two federal polities, namely the United States and Germany. The objective of this chapter is to highlight that while national legislative processes are dominated by party politics, the European legislative process is dominated by trilogues – to some extent, trilogues make up for the absence of a genuine party system at EU level. It is within and between political parties and trilogues, respectively, that positions are discussed, coalitions cemented, institutional interdependences managed, political differences solved, and compromise brokered. When legislative files eventually reach the floor of the competent legislative institutions, their fate is – most of the time – already sealed. This chapter aims at highlighting that leaving legislative and interchamber coordination to party structures is no more – and possibly less – democratically accountable than entrusting it to trilogues, especially in times of strong partisanship and grand coalitions.

This chapter traces the ways in which Hume’s ‘Idea of a Perfect Commonwealth’ responds not only to Harrington’s Commonwealth of Oceana (1656) but also to Montesquieu’s Spirit of the Laws (1748). The large federal constitution that Hume proposed at the end of his Political Discourses turns out to have as much in common with Montesquieu’s understanding of modern monarchy as it does with Harrington’s vision for an equal republic. Indeed, there is reason to suspect that Montesquieu’s criticism of Oceana in his chapter ‘On the English Constitution’ prompted Hume to devise his alternative version of Harrington’s commonwealth. Hume adapted Oceana’s framework for uniform electoral districts and tiers of representation to the spirit of commerce and competition that he and Montesquieu associated with modern Britain. The result was a state with ‘all the advantages of both a great and little commonwealth’.

Abolishing states would not be the end of the matter; the country’s leaders would have to make a number of fundamental secondary decisions. Someone would ultimately have to decide which of the essential functions currently performed by state government should be nationalized, which ones should be localized, and, as to the latter, how the various local functions are to be further distributed among the many different species of local governments – municipalities, counties, townships, special purpose districts, and unincorporated areas. Who should select the decision-maker? Decisions would also be needed as to the processes and responsibilities for replacing the states’ current roles in national elections, in supplying the bulk of the country’s judges, and in the constitutional amendment process. This chapter considers the options for filling those voids. In the process, it offers a portrait of what a unitary American republic might look like without state government.

This introductory chapter articulates the main thesis and summarizes the arguments that support it. It lays out the reasons that the thesis is important, describes what the book adds to the existing literature, explains some critical terms and concepts, and adds necessary disclaimers.

This chapter examines popular appeal to local Heimat as a site of political renewal in Cologne. It shows how democratically engaged localists advanced narratives of “Cologne democracy” and “openness to the world,” while replacing nationalist narrative of their region as a “Watch on the Rhine” with that of the Rhineland as a “bridge” to the West. Democratically engaged localists further argued that Heimat should be about promoting European unity and post-nationalist ideas of nation. Such groups constructed these narratives by pulling on useable local histories and reinventing local traditions. Such early democratic identifications, however, existed alongside major failures in democratic practice and frequent depictions of the Eastern bloc as an “anti-Heimat.” Emphasis on democratic local histories also aggravated failures to confront guilt for the Nazi past. Exclusion of newcomers also represented a significant challenge. More inclusively minded Cologners attempted to combat persistent exclusionary practices by arguing for “Cologne tolerance” as a local value and by insisting that a correctly understood Heimat concept should generate sympathy for the displaced.

This introduction outlines the main questions and debates which the book addresses, followed by an overview of the history of the Heimat idea and the study’s methodological approach. While scholars have looked at post-war cinematic and literary Heimat tropes, the book argues for more attention to Heimat as specific sites of home. On the question of the concept’s Germanness, it steers a middle path that recognizes how the history of German-speaking Europe has shaped the concept, while acknowledging its connection to broader questions about place attachment. Rather than positing a single “German” understanding across time and space, the work approaches discussions about Heimat as an evolving and contested discourse about place attachments and their relationship to diverse political and social issues. The introduction continues by outlining the book’s contribution to debates about West German democratization, reconstruction, post-war confrontation with dissonant lives, and expellee history. It concludes by outlining the book’s findings on the history of efforts to eliminate the concept in the 1960s and left-wing attempts to re-engage with Heimat in the 1970s and 1980s.

Is there an alternative to EU dual decision-making regimes? The chapter advances the alternative model of federal union as distinct from the federal state.

This chapter addresses symmetry’s implications for separation of powers and federalism. It suggests that some major structural questions, such as the long-running debate over the president’s authority to fire or “remove” executive officers, hold an intensity out of step with their current political stakes. By contrast, other recent decisions, particularly those limiting agency authority over “major” policy questions and intensively reviewing the reasoned justification for certain policies, threaten to enable selective judicial disapproval of policies favored by progressives rather than conservatives. A preference for symmetry should support limiting or reconsidering these decisions. With respect to federalism, symmetry should likewise encourage the development of doctrines that grant parallel opportunities and protections to rival “red” and “blue” states dominated by either the Democratic or Republican Party.

Chapter 5 is the second of three chapters laying a basic foundation in German law and politics. The chapter presents the key institutions of German politics and law. It starts with a presentation of the German states and federalism. It then focuses on the strength of the chancellor in governance, including law-making and executive power. The chapter then presents the German judicial system, presenting the decentralized and specialized nature of the German judicial framework.

This chapter examines the origins of the police power in the American constitutional system. In the beginning, the framers of the early state constitutions were engaged in two struggles: how to create effective frameworks of government, and how to define the relationship between national and state government. The police power was one the key reserved powers the states possessed viz. the Tenth Amendment. This chapter illuminates how the state police power emerged and developed in the nineteenth century and, in particular, how it evolved from a notion of sic utere (righting specific wrongs) to salus populi (promoting the public good). It ends at the end of Reconstruction, with key cases illuminating the scope of state regulatory discretion under the police power.

This chapter considers the impact of expanding national power and the configuration of the federal government’s constitutional power in the exercise of the police power by state governments. It considers (and rejects) the claim of a national police power. It proceeds to discuss the ways in which the nature and scope of the police power does contribute to a dynamic federalism, thereby augmenting not supplanting federal power, all in the service of a successful and basically progressive approach to regulation and regulatory power generally.

Chapter 3 outlines our three conceptual innovations for the study of European integration and EU interventions in the socioeconomic field. First, we shift from the classical distinction of negative and positive integration to one that distinguishes horizontal and vertical integration modes. Second, we propose to go beyond the classical, state-centred (intergovernmental or federal) paradigms of EU law and political science, as we have found that the EU’s new economic governance (NEG) regime mimics the corporate governance regime that transnational corporations use to steer the activities of their subsidiaries and their workforce. Finally, we pursue an analytical approach that complements existing EU politicisation studies, which assess the salience of Eurosceptic views in media debates, opinion polls, elections, and referenda, as we must study EU politicisation also at the meso-level of interest politics. After all, the political cleavages that structure national politics have neither been created in individuals’ minds at the micro-level nor are they simply an outcome of systemic macro-level changes.