Constitutions and the Commons/

Part 1: Constitutionalization of the Commons

1. Introduction

What this Book is About
What this Book is Not About
2. Natural Capital Commons and Keystone Constitutions: The Theoretical Context

Introduction to the Commons
Commons Solutions: No Silver Bullet
Natural Capital Commons
Federal Systems May Legally Entrench a Nested Natural Capital Commons
The Role of Keystone Constitutions
Part 2: Decentralization of the Commons

3. Federal Systems as a Nested Commons: The Case of United States Decentralization

Introduction
Benefits and Burdens of Decentralized Governance
Over-decentralized Resource Management: Scale by Scale analysis of the Commons Dilemma
Implications of Over-decentralized Resource Governance in Federal Systems: Tragedy Not Inevitable, but Legally Defensible
Part 3: Federalization of the Commons

4. Commerce in the Commons

Introduction
Commons and the Commerce Clause – Background and Context
The Commerce Clause – A Brief Introduction to Relevant Cases
The Commerce Clause – A Federal Means of Controlling State Herder Rationality?
Commerce Clause Jurisprudence Viewed Through the Lens of the Commons: The Economic/Non-economic Controversy and Difficult Questions Arising Under the Commerce Clause
Conclusion
5. Dynamic Commons Resources, Undynamic Federalism

Introduction
Deconstructing Dynamic and Dual Federalism within the Bimodal Federalism Framework
Contributing to Commons Dilemmas: Coastal Land Loss and Subnational Forest Management as Remnants of Dual Federalism
Conclusion
Part 4: Internationalization of the Commons

6. Domestic Federalism’s Potential Limitation on International Law: a U.S. Forest Case Study

Introduction
Climate Change—a New Opportunity to Include Forest Management in a Binding Global Treaty
U.S. Federalism as a Restriction on Prescriptive Global Forest Management
International Law on Federalism—a Restraint on Treaty Participation?
An Unending Controversy—Does Federalism Limit the Treaty Making Power? The Nationalist vs. New Federalist Debate
Missouri v. Holland—Death by Judicial Review or Executive Federalism?
The Treaty Power and Private Property Rights
Conclusion
7. Forest Commons, Climate Change, and Federalism Beyond the United States: A Survey of Federal Systems

Introduction
Elements of Federal Constitutional Orders that Best Balance Global Forest Governance and Decentralized Forest Policy Making
Impacts of Select Federal Constitutions on International Forest and Climate Negotiations: Survey of Constitutional Authority and Forest Ownership
Survey Summary and Situating Federal Constitutional Orders within the Policy Formulation/Implementation Matrix
Conclusion
8. Keying on Federal Systems with Weak Keystone Constitutions: The Role of Private Versus Public Forest Ownership in U.S. and Canadian Law and Policy

Summary of U.S. and Canadian Constitutional Impacts on Global Climate and Forest Governance
U.S. and Canadian Domestic Forest Governance: Divergent Approaches, Disparate Implications for Fail-safe Federalism
Explaining the United States-Canada Forest Policy Gap: Private vs. Public Forest Ownership
Implications of the Private-Public Forest Ownership Divide for Suggested Mechanisms of Fail-safe Federalism
Part 5: Fortification of Commons Constitutions

9. Forging Fail-safe Federalism by Strengthening Keystone Constitutions

Fortification From Within: Top-Down, Bilateral, and Horizontal Governance
Fortification in Response to External Forces: Pathways of Transnational Impacts on Domestic Governance
Conclusion