Unsafe at Any Speed? The Emergence of Variable Speed Federalism in the United States and the European Union

摘要: “Variable speed union,”“differentiated integration,” and other similar terms have been used to describe the uneven process of European integration over the past twenty years, as evidenced by monetary policy, social policy issues, passport and immigration controls, and certain European defense issues. In the United States, a comparable phenomenon, which we call variable speed federalism, appears to be emerging as well. This is suggested by a range of intergovernmental policy developments under President Obama, including the uneven pattern of state Medicaid expansion and health care exchanges under the Affordable Care Act and the allowance of state add-ons and opt-outs in regulatory programs like Dodd-Frank. Drawing on experience from the European Union, this paper will explore application of the concept of variable speed federalism in the United States, document its development, analyze the political, economic, and social factors that may be contributing to its emergence, and explore its potential significance for the institution of federalism.