Summer Workshop Readings Day 1

Continuing Legal Education Federalism Curriculum


About The Videos: The Utah Federalism Commission has partnered with Utah Valley University's Center for Constitutional Studies to produce an online curriculum to help provide students, citizens, and state and local leaders with a better understanding of America's unique Constitutional system. It is taught by constitutional law professors and federalism scholars from some of the most prestigious institutions of higher education in the country. Main Ideas:

  • Federalism is a defining part of the U.S. Constitution
  • Once passed, federal law is still shaped differently in each state.
  • American federalism is unusual because it involves the idea that the states and national government have limited sovereign powers split between one another. However the ultimate sovereign is the people.
  • Structure of government influences conduct and directs behavior
  • States retain authority over police powers, heath, welfare and education which helps to avoid tyrannical government from the national level.
  • Madison and the federalists gave a new definition to federalism with the idea of a compound republic
  • 14th amendment gave the national government a constitutional basis for intervening in affairs within the states.
  • The federal government only has those powers which are explicity stated in the Constitution, all other powers (stated or not) are given to the states unless specifically withheld in the Constitution.
Videos:




M. Diamond, "The Ends of Federalism" (1973)


About the Text: However ambiguous may have been the founders’ view of the federal elements in their Constitution, other prominent commentators on American government subsequently came to appreciate the utility of those elements for sustaining a decent, democratic regime. In this essay, which appeared in Publius: The Journal of Federalism in 1973, Diamond explores Alexis de Tocqueville’s view that American federalism was crucial for cultivating citizenly activity, public-spiritedness, and republican virtue within the framework of the large, commercial republic. Full text can be found here Main Ideas:

  • Federalism is the tension or balance between the units being small and autonomous or large and consolidated.
  • In ancient Greece federalism meant a "voluntary association of equal political communities for minimal central purposes"
  • American federalism combined elements from both traditional federalism and decentralization
  • Administrative decentralization holds that policies made by the central powers are locally administered, thus the power to carry out the policies lies with the localities.
  • Tocqueville advocated for the training of citizens, politicians, and statesmen.
About the Author: Martin Diamond was born in New York City in 1919 and died in Washington, D.C., in 1977. Before World War II, Martin Diamond attended college only briefly and did not complete undergraduate studies. Nevertheless, after wartime service, he was admitted in 1950, on the basis of his self-education, as a graduate student in the Department of Political Science, University of Chicago, earning the A.M. in 1952 and Ph.D. in 1956. He held teaching positions at the University of Chicago, the Illinois Institute of Technology, Claremont Men’s College and Claremont Graduate School, and Northern Illinois University. Had it not been for his sudden death from a heart attack in July of 1977, he would have assumed the Thomas and Dorothy Leavey Chair on the Foundations of American Freedom, Georgetown University, on August 1, 1977, and would have served concurrently as adjunct scholar of the American Enterprise Institute. Diamond was a Fellow of the Center for Advanced Study in the Behavioral Sciences, 1960–61; the Rockefeller Foundation, 1963–64; the Relm Foundation, 1966–67; the Woodrow Wilson International Center for Scholars, 1974–75; and the National Humanities Institute in New Haven, Connecticut, 1975–76. Martin Diamond was also called on for advice by state and local officials, by United States senators and congressmen, and by the president and the vice-president of the United States. He spent the last morning of his life testifying before the Subcommittee on the Constitution of the Senate Judiciary Committee against proposals to abolish the Electoral College.




Cole & Kincaid , "Is Federalism Still the “Dark Continent”of Political Science Teaching?" (2014)


About the Text: Federalism is a core principle of American government; yet, how much attention is
given to federalism beyond introductory courses? A 1969 study described American federalism as the “dark continent” of political science teaching. Based on surveys of chairs of US departments of political science and members of the APSA’s section on federalism and intergovernmental relations in 2013, the authors found that these course offerings have increased markedly since 1969, that the courses cover a range of topics, and that many department chairs are interested in off ering these courses in the future. However, the teaching of comparative federalism lags far behind American federalism. Thus, comparative federalism remains a “dark continent” of federalism teaching. Full text can be found here Main Ideas:

  • The percentage of American federalism courses being taught has increased since 196, with interest also increasing among those departments who do not currently offer a course.
  • There are fewer comparitive federalism courses being taught than american federalism courses despite an increased emphasise on globalism and multiculturalism in many universities.
  • Public schools are more likely to offer federalism courses than private schools.
  • Most educators agree that federalism continues to have relevance in current events and to students.
  • The topics most often taught in federalism courses are: policy issues, vertical relations, theories and models, fiscal matters, political concerns, historical developments, and legal and constitutional issues.
About the Authors: Richard L. Cole was a professor at UT Arlington from 1980 to his retirement in 2016 where his work focused on federalism, intergovernmental relations, and public policy. He served as Dean of the School of Urban and Public Affairs (SUPA) at UT Arlington from 1980 to 2008. While serving as Dean of SUPA he was also Interim Dean for the School of Social Work from 1996 to 1998 and Dean of the College of Liberal Arts from 2001 to 2003. From 1973 to 1979 he held an associate professorship at George Washington University. He also held positions as a visiting research scholar at Yale University and UT Austin, as well as a Fulbright Scholar at Queen’s University Belfast. Richard was a prolific writer. He published 10 textbooks, over 80 journal articles, and numerous opinion editorials critiquing national and state public policies that endanger the rights of the most marginalized and disenfranchised in our society. John Kincaid is the Robert B. and Helen S. Meyner Professor of Government and Public Service and Director of the Meyner Center for the Study of State and Local Government at Lafayette College, Easton, Pennsylvania. He is an elected fellow of the National Academy of Public Administration and recipient of the Distinguished Scholar Award from the Section on Federalism and Intergovernmental Relations of the American Political Science Association, Distinguished Scholar Award from the Section on Intergovernmental Administration and Management of the American Society of Public Administration, and Distinguished Scholar Award from RC28: Comparative Federalism and Multilevel Governance of the International Political Science Association. He served as Senior Editor of the Global Dialogue on Federalism, a joint project of the Forum of Federations and International Association of Centers for Federal Studies (2001-2015); Editor of Publius: The Journal of Federalism (1981-2006); and Executive Director of the U.S. Advisory Commission on Intergovernmental Relations, Washington, D.C. (1988-1994). He is the author of various works on federalism and intergovernmental relations.




Barnett, "Why Federalism Matters"


About the Text: Some people are “fair weather federalists” who only assert the virtues of federalism when they lack the votes in Congress for the national policies they prefer. I think this is a mistake. The federalism of our constitutional order has yielded some enormous advantages for protecting the rights retained by the people. Full text can be found here Main Ideas:

  • The majority of the laws which affect the liberties of the people will be made/carried out at the state level.
  • States are able to be "laboratories of experimentation" with social and economic policies.
  • Foot voting empowers invididual citizens
  • It is best to have a wide range of communities that individuals can choose from in order to satisfy the broad spectrum of individual preferences, tastes, moral commitments, etc.
  • Federalism can help to avoid a war of all against all.
About the Author: Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts, and is Director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney’s Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies, Professor Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School. Professor Barnett’s publications includes twelve books, more than one hundred articles and reviews, as well as numerous op-eds. In 2004, he argued the medical marijuana case of Gonzalez v. Raich before the U.S. Supreme Court. In 2012, he was one of the lawyers representing the National Federation of Independent Business in its constitutional challenge to the Affordable Care Act. Recently, he appeared on PBS’s Constitution USA with Peter Sagal; and he portrayed a prosecutor in the 2010 science-fiction feature film, InAlienable.




Gerken "Beyond Sovereignty, Beyond Autonomy" (2016)


About the Text: "Federalism cases have always posed a dilemma for judges. The federal government is supposed to be a government of limited powers. But whenever the Supreme Court tries to cabin Congress’s reach, the odds are that the analysis in the dissent will be sounder than that in the majority opinion. If the Justices don’t act, on the other hand, they end up ignoring what most agree to be true — the federal government isn’t supposed to be able to do anything it wants. As every law student learns, facts on the ground have outpaced the Founders’ vision, as our interconnected system now leaves room for the federal government to regulate virtually everything the states can. That’s why the Court’s Commerce Clause decisions, in particular, are so easy to dismantle. It’s a commonplace among lawyers that those decisions are trying to limit the limitless. Legal doctrine, in sharp contrast, has its limits, and it has failed the Court time and time again. So therein lies the tragic choice of federalism doctrine: do nothing or do something . . . silly." Full text can be found here Main Ideas:

  • The federal government is supposed to be a government of limited powers.
  • Federalism decisions in the Court can either begin with the states in determining federal power, or federal power can be demarcated without looking to the states (externally vs. internally derived powers).
  • "In these integrated regulatory regimes, the states and federal government have forged vibrant, interactive relationships that involve both cooperation and conflict. If the Court is going to generate doctrine that is not only enduring but worth preserving, the case law must reflect these realities."
  • The Court needs to find a balance between the sovereignty account and the relational account.
About the Author: Heather Gerken is the Dean and Sol & Lillian Goldman Professor of Law at Yale Law School. Dean Gerken is one of the country’s leading experts on constitutional law and election law. A founder of the “nationalist school” of federalism, her work focuses on federalism, diversity, and dissent.




Nivola "Why Federalism Matters" (2005)


About the Text: "What do we want from federalism?” asked the late Martin Diamond in a famous essay written thirty years ago. His answer was that federalism—a political system permitting a large measure of regional self-rule—presumably gives the rulers and the ruled a “school of their citizenship,” “a preserver of their liberties,” and “a vehicle for flexible response to their
problems.” These features, broadly construed, are said to reduce conflict between diverse communities, even as a federated polity affords inter-jurisdictional competition that encourages innovations and constrains the overall growth of government. Alas, as Professor Diamond and just about anyone else who has studied the subject would readily acknowledge, the promise and practice of federalism are frequently at odds. A federal republic does not always train citizens and their elected officials better than does a unitary democratic state. Nor are federations always better at preserving liberties, managing conflicts, innovating, or curbing “big” government. Whatever else it is supposed to do, however, a federal system should offer government a division of labor. Perhaps the first to fully appreciate that benefit was Alexis de Tocqueville. He admired the decentralized regime of the United States because, among other virtues, it enabled its national government to focus on primary public obligations (“a small number of objects,” he stressed, “sufficiently prominent to attract its attention”), leaving what he called society’s countless “secondary affairs” to lower levels of administration. Such a system, in other
words, could help the central government keep its priorities straight. Federalism’s several supposed advantages are weighed in this first of two Brookings Policy Briefs. A subsequent one will delve more deeply into the facet of particular interest to de Tocqueville: a sound allocation of competences among levels of government. For arguably, it is this matter above all that warrants renewed emphasis today, because America’s central government with its vast global security responsibilities is overburdened." Full text can be found here Main Ideas:

  • A federal system should provide a government where there is a division of labor.
  • "Where truly profound regional linguistic, religious, or cultural differences persist,
    however, federating is by no means a guarantee of national harmony."
  • By having thousands of state and local elected officials creates a large market for professional politicians, and can often act as a springboard to obtaining federal positions.
  • It is significant that the states can serve as laboratoriesm for experimentation in several areas.
  • The political structure in the United States has a restraining effect - rather than letting states govern unchecked.
  • Devolution does not cause big government to shrink.
  • “For the often indiscriminate preoccupation of national policymakers with the details of local administration is not just wasteful; it can be irresponsible."
About the Author: Pietro Nivola was a senior fellow emeritus at the Brookings Institution at the time of his passing in April 2017, serving as vice president and director of Governance Studies between 2004 and 2008. He began his Brookings career as a visiting fellow in 1988, and was appointed a senior fellow in 1993. Prior to his time at Brookings, Nivola had been an associate professor of political science at the University of Vermont and a lecturer in the department of government at Harvard University.




Brown, "Why Federalism Still Matters" (2019)


About the Text: "We live in a country divided. And contrary to what pundits may say, this is the way it is meant to be. The United States is a large country with a geographically-dispersed population containing a diverse set of religious and ethnic groups. To say that such a population should be – or even could be – governed under a unitary government implies a certain amount of historical revisionism. The name says it all: this is a country of United States, rather than one controlled by a homogenous governmental unit. Unfortunately, much of the public has forgotten the reason why this division of power between federal and state governments exists, letting state governments atrophy, while handing the federal government power over our daily lives. Through this perspective, many of the ills facing the country today are not grounded in irreconcilable divisions between left and right. They come from our willingness to permit one entity (the federal government) to use its substantial powers to infringe on the rights of those who did not elect the ruling majority of the day. Our political divisions are not permanently intractable: by resurrecting the ideal of a federalist system, we could solve many of our contemporary problems in a manner satisfying those of all political stripes." Full text can be found here Main Ideas:

  • The federal government was meant to have delegated and enumerated powers, while the states would have have a general jurisdiction governance.
  • "Executive power has replaced state legislative power as the primary means of drafting rules, with federal agencies (under the auspices of the Executive Branch) creating the bulk of regulations governing healthcare, welfare, and public safety."
  • "While having a Supreme Court is necessary to give a final opinion on claims relating to federal jurisdiction, it alone should not be tasked with preserving the rights of minorities, nor providing a final ruling on matters of “general jurisdiction” that are constitutionally delegated to the states."
  • A federalist system can actually be anti-majoritarian as it allows minorities to exert more influence/power than they could in a unitary system.
  • Giving more power back to state and local governments would help to reduce polarization and a "winner take all" mentality.
Author: Jacob Brown, The Princeton Tory




Federalism on Trial: Lessons from COVID-19


About the Videos: The Coronavirus has put American Federalism in the national and international spotlight. In these conference videos, the Federalism Index Project and their partners explore the Constitutional, legal, and social challenges of COVID-19. Videos:




Bill of Rights Institute, "Federalism"


About the Video: This video is from the Bill of Rights Institute's homework series which explores the history of the founding of the United States and the reasons why federalism was created as an important part of our constitutional system. Main Ideas:

  • Under the Articles of Confederation, there was too little power/authority in the national government which rendered it unable to successfully handle various challenges such as Shay's Rebellion or trade wars between the different states.
  • The Articles of Conferedaration also lacked separation of powers and checks and balances.
  • Our current system allows for the states to be unified as well as balancing federal, state, and local interests.
  • Debates over the correct balance between of powers between federal and state government has continued to the present.
About the Author: The Bill of Rights Institute is a civic education organization with a network of over 50,000 history and civics educators, thousands of classroom-ready history and civics resources and annual student and teacher programming. The Institute develops educational resources on American history and government, provides professional development opportunities to teachers, and runs student programs and scholarship contests. The Institute's depth of knowledge is drawn from a full-time staff with more than 100 years of combined classroom experience, as well as from partners who are experts in their fields. Video:




Leckrone & Kincaid, "Partisan Fractures in U.S. Federalism’s COVID-19 Policy Responses" (2021)


About the Text: The comparatively poor U.S. response to COVID-19 was not due to federal inaction or a flawed federal system per se but to party polarization and presidential and gubernatorial preferences that frustrated federalism’s capacity to respond more effectively. The U.S. response is examined in terms of four models: coercive or regulatory federalism, nationalist cooperative federalism, non-centralized cooperative federalism, and dual federalism–finding that state-led dual federalism was the predominant response. The crisis also raised questions about interpretations of “federal inaction” because party divisions led some to regard the federal government’s response as inadequate while others viewed it as appropriate. Full text can be found here Main Ideas:

  • "Trump’s insistence that state and local governments be the pandemic’s first responders was consistent with past practices. However, the president did not generate robust federal support on matters outside the reach of state and local governments."
  • While there was a burst of bipartisanship at the beginning of the pandemic, after a while Congress became gridlocked over ideas on what exaclty response relief should entail.
  • "Needs for dispatch during crises often trigger more executive than legislative or judicial action."
  • "In addressing federal inaction, it is important, therefore, to account for constitutional limits and consider whether breaching those limits to trigger national action during emergencies is desirable."
  • "The nationalist federalism model comes closest to full national action by defining cooperative federalism as states’ willingness to follow national directives"
  • "Centralization has shrunk state autonomy, making states, in many respects, administrative arms of the federal government, but COVID-19 showed that state
    sovereignty is not yet a vacuum."
  • "A national response can also rest on reciprocal federal-state-local cooperation and coordination. In this model, the federal system is non-centralized rather than decentralized, and cooperation is rooted in federal-state-local partnerships.
  • "The dual federalist response to COVID-19 coheres with past pandemic practices in which the federal government played small roles, usually confined to interstate and foreign commerce matters"
About the Authors: John Kincaid is the Robert B. and Helen S. Meyner Professor of Government and Public Service and Director of the Meyner Center for the Study of State and Local Government at Lafayette College, Easton, Pennsylvania. He is an elected fellow of the National Academy of Public Administration and recipient of the Distinguished Scholar Award from the Section on Federalism and Intergovernmental Relations of the American Political Science Association, Distinguished Scholar Award from the Section on Intergovernmental Administration and Management of the American Society of Public Administration, and Distinguished Scholar Award from RC28: Comparative Federalism and Multilevel Governance of the International Political Science Association. He served as Senior Editor of the Global Dialogue on Federalism, a joint project of the Forum of Federations and International Association of Centers for Federal Studies (2001-2015); Editor of Publius: The Journal of Federalism (1981-2006); and Executive Director of the U.S. Advisory Commission on Intergovernmental Relations, Washington, D.C. (1988-1994). He is the author of various works on federalism and intergovernmental relations. J. Wesley Leckrone is Associate Professor of Political Science at Widener University where he also serves as Department Chair. He earned his PhD in Political Science from Temple University in 2006. He received an MA in History from Temple in 1995 and a BA in Political Science from American University in 1991. His areas of expertise are federalism and intergovernmental lobbying, state and local politics and policy, and Pennsylvania politics.




Schecter, "How Well Does the American Federal System Respond to Public Health Crises?" (2020)


About the Text: "How a country responds to a national crisis reveals a lot about its people and their governments. American responses to public health crises provide just such a window. However, that window opens to a specific view of the American political landscape because different types of crises invoke different responses in different historical contexts. That is to say, the arrangements for managing a public health crisis are different from those for managing, for example, an environmental crisis or a national security crisis. What are the main characteristics of managing public health crises in the American system?" Full text can be found here Main Ideas:

  • Historically, public health crisis have been handled by a governmental arrangement known as cooperative federalism.
  • The Covid-19 pandemic became a unique crisis in that it became a "wake up call" in the public health sector in how to (or how not to) deal with serious threats.
  • "The massive and widespread level of federal, state, local response to a pandemic increases public attention and curiosity about federalism and public health policy. It can also increase public scrutiny of state and local government powers and their constitutional limits."
  • "Teachers must once again become the social conscience of their community and keep public health on the radar as they look to keep students informed of the next crisis"
  • "American public responses have not been fatalist or centrist; rather, they have been active and federalist from colonial times to the present."
About the Author: Stephen L. Schechter is Professor of Political Science in the Department of History and Society, at Russell Sage College in Troy, New York. He has taught at Sage since 1978 where he also directs the Council for Citizenship Education and the undergraduate major in Policy Advocacy and Civic Engagement (PACE). He received his B.A. from the Maxwell School of Citizenship and Public Affairs at Syracuse University in 1967 and his Ph.D. from the Graduate School of Public and International Affairs at the University of Pittsburgh in 1972. Schechter joined the Center for the Study of Federalism in 1972 where he coordinated international programs and later served as Acting Director of the Center for the Study of Federalism. Over the years, he has worked on various federalism projects with the Center for the Study of Federalism, including the Cities of the Prairie Project, teacher education workshops, and international exchange institutes. With Daniel J. Elazar, he co-founded the Section on Federalism and Intergovernmental Relations of the American Political Science Association, the International Association of Centers for Federal Studies, and the Publius Annual Review.




Kincaid, "Federalism, Theory of" (2016)


About the Text: "Federalism, as first created in the United States in 1789,is a mode of governance that establishes unity while preserving diversity by constitutionally uniting separ_atepolitical communities into a limited but encompassmgpolitical community. Public powers are divided andshared between a general government that is grantedc~rtain powers of nationwide scope and constituent gov-ernments that have reserved local powers and also makeup parts of the general government (e.g., equal represen-tation of the fifty states in the US Senate). Both thegeneral and constituent governments can legislate forindividuals within their respective constitutional spheres(e.g., independently levy taxes and enact criminalstatutes)." Full text can be found here Main Ideas:

  • "The word 'federal' comes from the Latin foedus, meaning agreement, alliance, compact, contract, covenant, and treaty. Preceding the United States were many alliances, leagues, and confederations that might be termed federal but are usually called 'confederal.'"
  • Events following the Revolutionary War led to calls to amend the Articles of Confederation to strengthen the national government.
  • The fomation of modern federalism began with the formation of the U.S. Constitution.
  • The ratification campaign produced to groups: the Federalists who supported the new Constitution and the Anti-federalists who opposed it.
  • The Constitution divided sovereignty so that both the federal and state governments could legislate within their respective spheres of influence.
  • "The creation of concurrent sovereignty was the US Constitution's principal innovation in the theory of federalism."
  • The New Deal in the 1930's brought the idea of a "cooperative federalism" where all levels of government work together in governing the country, which led to an intensification of intergovernmental relations.
  • One of the main values of federalism today is that it enables individual states to act as "laboratories of democracy."
About the Author: John Kincaid is the Robert B. and Helen S. Meyner Professor of Government and Public Service and Director of the Meyner Center for the Study of State and Local Government at Lafayette College, Easton, Pennsylvania. He is an elected fellow of the National Academy of Public Administration and recipient of the Distinguished Scholar Award from the Section on Federalism and Intergovernmental Relations of the American Political Science Association, Distinguished Scholar Award from the Section on Intergovernmental Administration and Management of the American Society of Public Administration, and Distinguished Scholar Award from RC28: Comparative Federalism and Multilevel Governance of the International Political Science Association. He served as Senior Editor of the Global Dialogue on Federalism, a joint project of the Forum of Federations and International Association of Centers for Federal Studies (2001-2015); Editor of Publius: The Journal of Federalism (1981-2006); and Executive Director of the U.S. Advisory Commission on Intergovernmental Relations, Washington, D.C. (1988-1994). He is the author of various works on federalism and intergovernmental relations.




Kincaid, "Federalism in American History" (2016)


About the Text: "Federalism has deep roots in North America, Canada, Mexico, and the United States; each has a federal form of government whereby powers are constitutionally divided and shared between a national government and state or provincial governments. The United States is the world's oldest federal country, and the institutions of federalism established by the US Constitution have been durable despite substantial centralization since 1789." Full text can be found here Main Ideas:

  • American Federalism was influenced by the Puritan's covenant (federal) theology.
  • Because of the confederation's weakness, there was a call for a more powerful national government, which became in embodied in our current constitution.
  • An important part of the Constitution was that it allowed Congress to legislate for individuals. This reflected the current idea of federalism where both the national and state governments have the power to concurrently legislate for individuals within their constitutional sphere of influence.
  • There are four different classifications of federalism: dual, cooperative, regulatory, and cooercive.
  • Dual federalism was used in the U.S. from 1789-1886
  • There was a transition towards cooperative federalism from 1887-1932, with cooperative federalism being used from 1933-1968.
  • Cooperative federalism brought with it expansion of the national government's fiscal and regulatory power.
  • Regulatory/cooercive federalism was prominent from 1969-1989 with the accelaration of federal power expansion and centralization.
  • From the 1990's to the current era, the trends in regulatory federalism became mroe normalized with the federal government being the predominant policymaker.
  • Rising party polarization has partially revivived dual federalism.
About the Author: John Kincaid is the Robert B. and Helen S. Meyner Professor of Government and Public Service and Director of the Meyner Center for the Study of State and Local Government at Lafayette College, Easton, Pennsylvania. He is an elected fellow of the National Academy of Public Administration and recipient of the Distinguished Scholar Award from the Section on Federalism and Intergovernmental Relations of the American Political Science Association, Distinguished Scholar Award from the Section on Intergovernmental Administration and Management of the American Society of Public Administration, and Distinguished Scholar Award from RC28: Comparative Federalism and Multilevel Governance of the International Political Science Association. He served as Senior Editor of the Global Dialogue on Federalism, a joint project of the Forum of Federations and International Association of Centers for Federal Studies (2001-2015); Editor of Publius: The Journal of Federalism (1981-2006); and Executive Director of the U.S. Advisory Commission on Intergovernmental Relations, Washington, D.C. (1988-1994). He is the author of various works on federalism and intergovernmental relations.





Summer Workshop Readings Day 2

WHY IS THE POWER WHITENING KIT DIFFERENT THAN OTHERS?


This Home Power Whitening Kit performs like a professional level in-office power whitening treatment. It works faster than most home whitening kits available in the market today, where you would need to whiten your teeth for 7-14 days consecutively to yield max results. With this home power whitening kit all you need is a single 40-60 min session to yield very significant results. The LED mouth tray that comes with the kit is 3x more powerful than most whitening kit LED lights available in the market today. It also comes with a UV sterilizer for your mouth tray!




WHAT IS IN THE KIT?


  • 2 x Whitening Pens
  • Pen 1 - for your power whitening session
  • Pen 2 - boost and/maintain your results
  • Replacement pens are only $23 CAD
  • Silicone Mouth Tray w/ high powered LED Lights
  • Over 3x more powerful than most LED whitening trays
  • Control Pod
  • Power Source​
  • Timer
  • UV Sterilizer (to clean your mouth tray)




WHO CAN USE THIS KIT?


Make sure your teeth are healthy before undergoing any teeth whitening treatments. If you suspect you have any underlying dental issues, visit your dentist to get examined.

1. Must be 12 yrs of age or older.

2. Cannot be used by pregnant women. If breastfeeding, consult with your OB GYN.

3. Must NOT have the following (if you suspect you have the following, please consult with your dentist first and make sure your teeth are healthy):

  • Gum Disease

  • Open cavities

  • Leaking fillings

  • Allergy to peroxide or aloe vera (non-peroxide gel contains aloe vera)

4. Individuals that have had braces removed should wait for cement residue to wear off before getting teeth whitening.

5. Session must be stopped if person experiences sharp pains during the whitening session, this is a sign of an open cavity, you must contact your dentist and consult with them immediately.

6. This method works best with teeth that have a yellowish tint, if you have spots due to tetracycline use, grayish tint or fluorosis these types of teeth will be difficult to whiten.

7. Artificial teeth, caps, crowns, veneers, porcelain, composite or other restorative materials does not whiten significantly, but the process does not harm them either.




HOW MANY SHADES LIGHTER WILL I GO?


**YOUR TEETH WILL NEVER BE WHITER THAN THE NATURAL COLOUR OF YOUR TEETH the colour of teeth you are born with)** 1. You can expect your teeth to be 2-8 shades lighter, some have even whiten up to 10 shades lighter. The longer the session, the more significant the results. (Do NOT exceed an hour of whitening.) 2. Some teeth will whiten better than others. It really just depends on how your enamel reacts with the gel and the severity of your stains. 3. The natural colour of your teeth is genetically determined. We can only get your teeth as white as your natural genetics will allow. Photos of celebrities you see with "paper white" teeth have veneers or are enhanced by great lighting or photo editing. 4. If you have heavily stained teeth or your teeth are difficult to whiten you would need to follow up with the whitening pen for 5 days after your power whitening session to give your results a boost.




WHAT DO I DO BEFORE I WHITEN?


1. Teeth whitening is a COSMETIC treatment. Make sure your teeth are healthy before undergoing any teeth whitening treatments. If you suspect you have any underlying dental issues, visit your dentist to get examined. 2. Dental cleanings are recommended as it enhances your results.




HOW LONG DOES IT LAST?


1. Typically, along with proper maintenance your results will last 6-12 months. How long it lasts depends on the amount of stain causing foods you consume and how porous your teeth is. Teeth that are naturally more porous absorb stains much easier, thus shade regression may occur much quicker. The porosity of your teeth is genetic. 2. Teeth whitening is not permanent. After the session it is completely normal to expect some shade regression over time, especially if you smoke and regularly consume stain-causing foods. 3. To help your results last longer, we highly advise purchasing a teeth whitening pen and/or kit to maintain your results.




WILL MY TEETH GO PAPER WHITE?


1. The natural colour of your teeth is genetically determined, we can only get your teeth as white as your natural genetics will allow. Photos of celebrities you see with "paper white" teeth have veneers or are enhanced by great lighting or photo editing. 2. Unsatisfactory outcome is often a result of unrealistic expectations as well as incorrect usage of the gel.




WILL I GET SENSITIVITY?


1. You should experience zero to minimal sensitivity during the treatment. Session must be stopped if you experience sharp unmanageable pains during the whitening session, this is a sign of an open cavity, you must contact your dentist and consult with them immediately. 2. After the session most people experience zero to minimal teeth sensitivity. If you do experience sensitivity it will typically only last the first 24 hours. If you are prone to existing sensitivity, have a recently cracked teeth, micro cracks, open cavities, leaking fillings, exposed roots or other dental conditions that cause sensitivity then you are more likely to experience it. Prolonged sensitivity after treatment is also a possibility.




DOES IT HURT?


Most people feel nothing during the process. If you experience sharp pains (zingers) during your whitening session, this is a sign of an open cavity. You should stop the session, wipe any gel off your teeth and consult with your dentist.




POTENTIAL SIDE EFFECTS


1. Gum/Lip Irritation: Whitening gel that comes in contact with your gum or lip during treatment may cause soreness, temporary inflammation or whitening (blanching) of these areas. Blanching of the tissue will reverse within 15 minutes. Soreness, swelling and irritation of the soft tissue will usually subside on its own. If this happens, rinse with salt water and apply vitamin E to the affected area. 2. Teeth Sensitivity: Although uncommon, some people can experience tooth sensitivity during the first 24–48 hours after the whitening treatment. People with existing sensitivity, recently cracked teeth, micro-cracks, open cavities, leaking fillings, or other dental conditions that cause sensitivity may find that these conditions increase or prolong tooth sensitivity after the treatment. If you experience tooth sensitivity after the treatment, you can use Sensodyne™ toothpaste to ease the discomfort. 3. Allergic Reaction: Some people are allergic to peroxide but are not aware of it. If you had the treatment done and a few hours or a day later you have a blister on your lips, you are probably having an allergic reaction to the gel. Buy liquid vitamin E in any drugstore and apply it to the blister until it goes away. It generally goes away within a couple of days by itself anyway.




WHAT IS THE ACTIVE INGREDIENT?


Peroxide (whitening) Potassium Nitrate (desensitizing)




HOW MANY APPLICATIONS IS THE KIT GOOD FOR?


It depends how you use the kit. It's good for 2 x Power Whitening Sessions (we only recommend 2-3 Power Whitening session per year). If your teeth are already pretty white, and only need the occasional touch up then it's good for 7 x 30 min sessions. Keep in mind our gel is faster and more efficient than most whitening gels, so it requires less sessions than most whitening kits. Whitening pen refills are affordable and can be purchased here at our online store here: shop.mintsmilebar.com/products/whitening-pen Whitening pens expire in 2 years after first use. Store pens in the fridge.




WHAT IS THE AFTER CARE LIKE?


1. After your session, you can't eat or drink anything (except water) for 1 hour. Make sure to eat before your session. 2. Post whitening, your teeth are dehydrated and extremely porous, becoming like a sponge that absorbs color quite easily. It is highly recommended that you stay away from "foods that can stain your white shirt" within 24-48 hours (The White Diet). 3. SKIP THE WHITE DIET by purchasing a Remineralizing (desensitizing) gel here: shop.mintsmilebar.com/products/desensitizing-gel 4. After the session it is completely normal to expect some shade regression over time, especially if you smoke and regularly consume stain-causing foods. We recommend purchasing maintenance products to prolong your results.




IS THERE MAINTENANCE?


Teeth whitening is not permanent. It's similar to sun tanning, once you get to your desired shade you have to whiten periodically remain within that shade range. After the session it is completely normal to expect some shade regression over time. To help your results last longer, we highly advise purchasing a teeth whitening pen and/or kit to maintain/prolong your results.




I DID MY SESSION BUT WANT MY TEETH TO GO LIGHTER


1. So you had your session, and you expected to go lighter, now what? Everyone's teeth whitens differently, some teeth are more difficult to whiten than others, if you didn't get to your desired shade from 1 session you should use the remainder gel in your whitening pen and whiten for 30 mins a day for the next 5 days until you get to a shade you like. 2. If your teeth are still not lightening further, you may need to check your expectations. There's a limit to how white your teeth can get. Your teeth won't whiten past your natural shade (the colour of teeth you are born with). Teeth whitening can only remove stains, it doesn't alter the colour of your natural teeth. For example, there are people that have naturally dark or yellow teeth, since this is their natural teeth shade, it will never whiten to a bright paper white colour (unless they get veneers).




WHAT IS YOUR HANDLING TIME?


1-3 days




WHERE DO YOU SHIP TO?


Canada, US, Australia, UK and Europe




REFUNDS & EXCHANGES


Everyone's teeth whitens differently. It may take multiple sessions to completely rid your teeth of tough stains. We are not able to refund purchases unless the product is defective or you qualify for a refund in accordance with our Money Back Guarantee.




WHAT CURRENCY WILL I BE CHARGED IN?


We are a Canadian company and we charge in Canadian Dollars. If you are ordering outside of Canada please use the currency tab to select your country's currency, this will provide you with the approximate converted rate in your country's currency.




IS THERE WARRANTY FOR THE KIT?


There is a 2 year warranty.




HOW DO I ALLEVIATE SENSITIVITY?


1. In the event that you do get sensitivity, you can alleviate it by taking Ibuprofen (Advil), sensitivity toothpaste (Rapid Relief Sensodyne works great), or purchase a Desensitizing Gel. 2. Remember that sensitivity is transient and will typically only last a day. Next time you whiten, you would need to reduce the treatment time. For example, if you whitened for an hour try reducing it to 40-20 mins instead (People that get sensitivity need to whiten for shorter durations). 3. It's also important to get checked by your dental provider prior to whitening to make sure you don't have any underlying dental conditions, as this can cause discomfort (ie: People with cracks in their teeth can experience prolonged sensitivity).





Suggested Readings

IDEA, "What is Federalism"


About the Text: "Federalism is a constitutional mechanism for dividing power between different levels of government so that federated units can enjoy substantial, constitutionally guaranteed autonomy over certain policy areas while sharing power in accordance with agreed rules over other areas. Thus, federalism combines partial self-government with partial shared government (Elazar 1987). Federal systems are usually associated with culturally diverse or territorially large countries. Notable examples of federal countries (or countries with federal-like characteristics, sometimes referred to as ‘quasi-federations’) include
Argentina, Belgium, Brazil, Canada, Germany, India, Malaysia, Nigeria, Pakistan,
Spain, South Africa and the United States." Full text can be found here Main Ideas: About the Author: The International Institute for Democracy and Electoral Assistance (International IDEA) is an intergovernmental organization that supports sustainable democracy worldwide. The organization is governed by its Statutes, the latest of which entered into force November 2008. Membership in International IDEA is open to governments which demonstrate, by example in their own state, their commitment to the rule of law, human rights, the basic principles of democratic pluralism and strengthening democracy.




Longley, "What Is Federalism? Definition and How It Works in the US" (2020)


About the Text: "Federalism is a hierarchical system of government under which two levels of government exercise a range of control over the same geographic area. This system of exclusive and shared powers is the opposite of "centralized" forms of governments, such as those in England and France, under which the national government maintains exclusive power over all geographic areas. In the case of the United States, the U.S. Constitution establishes federalism as the sharing of powers between the U.S. federal government and the individual state governments. The concept of federalism represented a solution to functional problems with the Articles of Confederation which failed to grant several essential powers to the national government." Full text can be found here Main Ideas: About the Author: Robert Longley is a retired urban planning professional with nearly 30 years of experience in the areas of land use planning, zoning code development and administration, and geographic information systems. He has worked as a liaison with federal agencies such as the Department of Housing and Urban Development, the Environmental Protection Agency, and the US Census Bureau. As liaison for two cities, Longley worked directly with the U.S. Census Bureau on completion of the 1980, 1990, and 2000 Decennial U.S. Censuses. In addition, he has worked as an election official in several local, state, and federal elections. He has covered U.S. government, citizenship and American history for ThoughtCo since 1997.




Gerstle, "The New Federalism" (2020)


About the Text: In a crisis defined by erratic leadership in Washington, D.C., the states, as much out of desperation as by design, find themselves asserting long-dormant powers. Full text can be found here Main Ideas: About the Author: Gary Gerstle arrived in Cambridge in 2014 after a three-decade career in the United States, most recently at Vanderbilt University where he was the James G. Stahlman Professor of American History. He is currently the Paul Mellon Professor of American History and Fellow of Sidney Sussex College. He is a social and political historian of the twentieth century, with substantial interests in the late eighteenth and nineteenth centuries. He received his BA from Brown University and his MA and PhD from Harvard University. He is a Fellow of the British Academy and of the Royal Historical Society. Gerstle has received many fellowships, and has lectured throughout North America and Europe, and in Brazil, Israel, Mexico, Japan, South Africa, and South Korea. He was elected to the Society of American Historians in 2006 and named a Distinguished Lecturer of the Organization of American Historians in 2007. He is the creator and presenter of a four-part radio programme, America: Laboratory of Democracy, broadcast on BBC World Service in October-November 2017, and rebroadcast on multiple National Public Radio stations in the US in early 2018.




Blumstein, "Federalism and Civil Rights: Complementary and Competing Paradigms" (1994)


About the Text: "Until the Nixon Administration, federalism was not talked about much in the United States in the post-New Deal period and was not taken seriously as an intellectual matter. Increasingly, however, federalism has become an important domestic' and a critical worldwide issue. It may not be an exaggeration to say that federalism has indeed become the pervasive legal/political issue around the world." Full text can be found here Main Ideas: About the Author: Jim Blumstein ranks among the nation’s most prominent scholars of health law, law and medicine, and voting rights. He is currently one of eight University Professors at Vanderbilt; he was the first awarded that title in the law school and the first to receive a second tenured appointment in Vanderbilt Medical School. The director of Vanderbilt’s Health Policy Center, Professor Blumstein has served as the principal investigator on numerous grants concerning managed care, hospital management and medical malpractice. His peers recognized his leadership in health law and policy by electing Blumstein to the National Academy of Sciences’ Institute of Medicine (now the National Academy of Medicine), and he was awarded the Earl Sutherland Prize, which is Vanderbilt’s preeminent university-wide recognition for lifetime scholarly contributions. A dedicated teacher, Blumstein has received the law school’s student-sponsored Hall-Hartman Teaching Award. He joined Vanderbilt’s law faculty in 1970.




Robertson, "Federalism and Race"


About the Text: "Federalism's powerful influence on American political development is most clear in the enduring political battles about race and the government's role in the economy. These two issues have been the most basic, persistent, far-reaching, and passionate conflicts in American life. In turn, the relentless use of federalism in these conflicts legitimized it as a weapon in all other major conflicts." Full text can be found here Main Ideas: About the Author: Dave Robertson has spent over thirty years writing about the American republic. The chair of the Political Science Department at the University of Missouri-St Louis, he has won many awards for teaching and has given hundreds of talks about policy and politics. His books on the U.S. Constitution, federalism, and public policy give readers a realistic view of the politics that make American government work. He is the political analyst for KSDK television, and his comments on American politics have appeared in the St. Louis Post-Dispatch, the New York Times, the Economist, the Los Angeles Times, the Boston Globe, and the Rolling Stone.




Schechter, "The Federalist on Federalism" (1990)


About the Text: Essential to understanding the purpose of a masterpiece like The Federalist is that it is actually three documents in one. It is a campaign document, designed to win popular approval among the voters of New York State for the proposed Constitution; a serious work of political thought, analyzing the nature of free societies; and the authoritative
commentary on the Constitution, reflecting the intent of the Framers of the Constitution.
The multifaceted character of The Federalist is what makes it such a challenge to read with comprehension. To understand The Federalist, one must understand its historical context, the rhetoric (i.e., political language of that time), the political theory of The Federalist, the place of that theory in the history of political thought, and how these elements can reinforce one another on the printed page. Based on these criteria, it is difficult to fully understand The Federalist; but one can apply these criteria to improve one's understanding of it. Full text can be found here Main Ideas: About the Author: Stephen L. Schechter is Professor of Political Science in the Department of History and Society, at Russell Sage College in Troy, New York. He has taught at Sage since 1978 where he also directs the Council for Citizenship Education and the undergraduate major in Policy Advocacy and Civic Engagement (PACE). He received his B.A. from the Maxwell School of Citizenship and Public Affairs at Syracuse University in 1967 and his Ph.D. from the Graduate School of Public and International Affairs at the University of Pittsburgh in 1972. Schechter joined the Center for the Study of Federalism in 1972 where he coordinated international programs and later served as Acting Director of the Center for the Study of Federalism. Over the years, he has worked on various federalism projects with the Center for the Study of Federalism, including the Cities of the Prairie Project, teacher education workshops, and international exchange institutes. With Daniel J. Elazar, he co-founded the Section on Federalism and Intergovernmental Relations of the American Political Science Association, the International Association of Centers for Federal Studies, and the Publius Annual Review.




Kesler, "The Founder's Constitutions"


About the Text: "The great accomplishment of The Federalist (popularly known as The Federalist Papers) was to show that the Constitution was both coherent and republican. Suppressing their private doubts and disappointments, Hamilton and Madison, joined by John Jay, undertook the series of essays in order to expound the merits of the new Constitution and to answer the objections to it that had already begun to appear in newspaper columns in New York and across the United States. More than any other speech or writing in defense of the new plan of government, The Federalist showed that the Constitution contained an inherent constitutionalism, which gave a purpose to the whole document and to each of its parts. To put it differently, the Federalist aticulated the over-all integrity of the Constitution, showing how it fit the requirements of republican government as a whole. Without denying the plan's origin in political give-and-take, The Federalist thus interpreted the Federal Convention as having been a forum not for (at least not mostly for) self-interested bargaining, but for public-spirited deliberation. The product of those deliberations was a 'fundamental law,' sufficiently rational and coherent to be regarded almost as the product of a single wise mind or legislator." Full text can be found here Main Ideas: About the Author: Charles R. Kesler is professor of Government at Claremont McKenna College and Claremont Graduate University. He is editor of the Claremont Review of Books, and the author of several books.




Beer, "The Modernization of American Federalism" (1974)


About the Text: "The purpose of this essay is to present a theoretical model of the development of intergovernmental relations in a modernizing society. This model will, I trust, shed some light on the broad causes of centralization and decentralization in modern political systems. It is sufficiently general to be relevant to any advanced country and to be
used in comparative study. In this essay, however, it will be applied only to the United States. My object will be to outline a scheme for describing and explaining what has happened and especially what is happening to intergovernmental relations in the American political system. The main task is to understand that general, but not exclusive, trend toward centralization that has characterized the history of Federal-state relations." Full text can be found here Main Ideas: About the Author: Samuel Hutchison Beer was an American political scientist who specialized in the government and politics of the United Kingdom. He was a longtime professor at Harvard University and served as president of the Americans for Democratic Action in the early 1960s.