Federalism as Scale Discipline: One Constitutional Body, Real Nested Systems, and the Person Carried Across Scale

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Authors: Rick - PraxisFoundry001
Cited by: 16
References: 5

Abstract

This artifact develops a civic foundation account of Federalism as constitutional scale discipline. The artifact argues that Federalism is not primarily the fight over which government wins. Federalism is the discipline by which one constitutional body remains one without becoming flat, real nested public systems remain real without becoming separate constitutional worlds, and the person remains carried across scale as a full member of the whole. The artifact reads familiar Federalism surfaces — incorporation, anti-commandeering, preemption, state sovereignty, national supremacy, local control, civil-rights enforcement, states’ rights, national power, and intergovernmental relations — as different places where lawful public scale either holds or fails. It also distinguishes Federalism from Separation of Powers: Separation of Powers disciplines function, while Federalism disciplines scale. The artifact proposes a failure signature: Federalism fails when the person is no longer carried by the whole through real nested systems. It then develops five shapes of Federalism failure: dissolution, shear, drift, echo, and lock. This is not legal advice, a replacement for Federalism doctrine, constitutional law, state-sovereignty doctrine, preemption doctrine, anti-commandeering doctrine, incorporation doctrine, civil-rights enforcement doctrine, separation-of-powers analysis, or case-specific legal analysis. It is a civic foundation artifact intended to clarify the structural object Federalism names within the broader Constitutional Civic Field.

Fields of Study & Subjects

Political Systems and Governance Judicial and Constitutional Studies Law Rights and Freedoms

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
2 May 2026
Document type
Preprint