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Polyphonic Federalism: Toward the Protection of Fundamental Rights

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A new book by Emory Law Professor Robert A. Schapiro, a Center for the Study of Law and Religion (CSLR) associated faculty member, defends the advantages of multiple perspectives in government, arguing that the resulting "polyphony" creates a system that is more efficient, democratic, and protective of liberties.

In Polyphonic Federalism: Toward the Protection of Fundamental Rights (University of Chicago Press, 2009), Schapiro argues that the relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.

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The Center for the Study of Law and Religion (CSLR) at Emory University is home to world-class scholars and forums on the religious foundations of law, politics, and society. It offers first-rank expertise on how the teachings and practices of Christianity, Judaism, and Islam have shaped and can continue to transform the fundamental ideas and institutions of our public and private lives. The scholarship of CSLR faculty provides the latest perspectives, while its conferences and public forums foster reasoned and robust public debate.