Differences between Canadian and U.S. Federal Systems--Resulting Effects on the Ability to Deal with Cross-Border and International Issues, 27
Available at: http://scholarship.law.berkeley.edu/facpubs/2061
Ten years ago, I would have said the answer to the question of how federalism impacts the implementation of border agreements was "not at all," that federalism presents no barrier to implementation of any conceivable agreement that might be reached with another country. Now my answer would be a little bit different than ten years ago. There are some (at this point, relatively confined) areas where federalism could be a problem, although I think, as a practical matter, not a severe one. We are in a state of transition in the U.S. in our thinking about federalism; and it is not clear where we are going. It is not clear whether the last ten years are the beginning of a massive shift, or merely a small blip.