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27 Case W. Res. J. Int'l L. 61 (1995)
The Subsidiarity Principle in European Union Law--American Federalism Compared

handle is hein.journals/cwrint27 and id is 65 raw text is: THE SUBSIDIRITY PRINCIPLE IN EUROPEAN UNION LAW - AMERICAN FEDERALISM COMPARED W. Gary Vause I. INTRODUCTION More than 200 years ago, the draftsmen of the U.S. Constitution struggled with an enduring dilemma for modem nations now contemplat- ing new political structures for the combination of autonomous states: what form shall the new government take, and if that structure is to be federal, what shall be the proper allocation of power between the states and the federal government? Although the fundamental structure of American federalism is in place, the work refining the balance between state and federal power is an on-going process. The Republican Party victory in 1994, gaining majority control of both houses of Congress, virtually assures that new legislative measures will be passed to reallocate some powers to state and local governments. Among the most controversial areas of dispute likely will be those programs involving social benefits Social policy has emerged as one of the most important elements in the European Union (EU)2 legal system. The preamble to the European Economic Community Treaty (EC Treaty) expressly refers to the impor- Professor of Law and Director, Center for Dispute Resolution, Stetson University College of Law. This essay is based on a lecture given by the author in May 1994 at the Katholieke Universiteit Brabant in the Netherlands. The author acknowledges with appreciation the research assistance of Richard L. Ruth, Stetson University College of Law class of December, 1994. The new Speaker of the House, Newt Gingrich, and Senator Bob Dole, the Republican National Chairman, focused on the 10th Amendment of the U.S. Constitu- tion when they met with Republican governors in early 1995 to discuss legislative goals. Jerry Gray, Welfare - G.O.P. Governors Make Their Pitch, N.Y. TIMEs, Jan. 7, 1995, at A8. 2 On November 1, 1993, the twelve Member States of what was known as the European Economic Community approved the Maastricht Treaty on European Union (TEU), creating the European Union (EU). TREATY ON EUROPEAN UNION [TEU] 1992 O.J. (C224) 1. See also European Union, FIN. TIMES, Nov. 1, 1993, at 15.