New Federalism as a political philosophy
January 14th, 2012
New Federalism can be a political philosophy of devolution, or the transfer of specific powers from the United States federal government to the states. The primary objective of New Federalism, unlike that of the eighteenth-century political philosophy of Federalism, is the restoration to the states of some of the autonomy and power which they lost to the federal government as a consequence of President Franklin Roosevelt’s New Deal.
It relies upon a Federalist tradition dating back to the founding of the country, also as the Tenth Amendment.
As a policy theme, New Federalism typically involves the federal govt providing block grants to the states to resolve a social concern. The federal government then monitors outcomes but supplies broad discretion to the states for how the programs are implemented. Advocates of this approach occasionally cite a quotation from a dissent by Louis Brandeis in New State Ice Co. v. Liebmann:
It is one of the happy incidents of the federal system that a single courageous state could possibly, if its citizens decide on, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the us.
From 1937 to 1995, the Supreme Court of the United States didn’t void a single Act of Congress for exceeding Congress’s power under the Commerce Clause of the United States Constitution, instead holding that anything that could conceivably have even a slight impact on commerce was subject to federal regulation. It absolutely was thus seen as a (narrow) victory for federalism when the Rehnquist Court reined in federal regulatory power in United States v. Lopez (1995) and United States v. Morrison (2000).
The Supreme Court wavered, on the other hand, in Gonzales v. Raich (2005), holding that the federal government could outlaw the use of marijuana for health purposes under the Commerce Clause even if the marijuana was never bought or sold, and by no means crossed state lines. How broad a view of state autonomy the Court will take in future decisions remains unclear. (See Gonzales v. Oregon)
Justice O’Connor, dissenting in Gonzalez (transcript), began her opinion by citing United States v. Lopez, which she followed with a federalist reference to Justice Louis Brandeis’s dissenting opinion in New State Ice Co. v. Liebmann.
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“The future belongs to those who believe in the beauty of their dreams.”
-Eleanor Roosevelt อนาคตเป็นของคนที่เชื่อในความฝันของตัวเองเท่านั้น
Cooperative Federalism & The Securities Act Reference, 2011 SCC 66 – A Rocky Road –
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RT rel=”nofollow” rel=”nofollow” We need govt accountability, grassroots democracy, & flexible federalism.
Dream act was defeated for the 5TH time,It will not be back. And ANY amnesty will be shot down If attempted. The Illegals themselves have awakened a sleeping giant with all of their protests and lawsuits… This Is the beginning of the end for ILLEGALS In the United States. And to your question about Bush….. " He doesn't have a legacy to stand on",except maybe the first President Selected by the SUPREME COURT…..
Write in BIG BLOCK STYLE LETTERS. Keep the words simple and easy enough for a first grader to read, this President isn't bright enough to read anything larger than 3 or four letter words. Format it much like Dick, Jane, and Sally Books.
If obama gets another term, this will be the USSA. How could you be in favor of a president whose supporters have a clenched fist as their symbol? How horrible of a nightmare is that? That is the biggest freaking nightmare of my lifetime. Do you really see that as a symbol of freedom? The USSR used it as well.
Federalism, Decentralization, and Stephen Harper –
Teddy Roosevelt also said, "America should never become a polyglot flophouse for foreigners". Translate that one.
Welcome to Europe, 2021 – or as Niall Ferguson likes to call it, the United States of Europe. He imagines a future that still has a euro; PIGS at 20% unemployment (but a new federalism ensures they’re still well taken care of); and the favored spot for Chinese foreign investment is a U.K. that ditched the union. –
F. W. de Klerk, South Africa’s last white president, explains why the “multi-state solution” to apartheid didn’t work in his country, and why it would probably fail in Israel/Palestine One of the ways the whites in South Africa tried to preserve the ethnic separation of apartheid was by introducing autonomous regions for the black minorities, known [...]
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