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New Federalism as a political philosophy

May 14th, 2012

New Federalism as a political philosophyNew 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.

New Federalism as a political philosophy

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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1,040 Responses to “New Federalism as a political philosophy”

  1. B.Kevorkian says:

    because that's what President bush told them it meant !
    :)

  2. HokiePaul says:

    Reagan issued an executive order in 1987 that was related to the idea of new federalism.

    As I understand it, new federalism is more of a philosphy rather than a single act or order that was passed. It is a philosophy that Nixon and Reagan in particular pushed. The idea was to limit Federal government authority to interfere in the states' issues. It is sort of the opposite as the FDR's new deal philosophy of federal government involvement into states' affairs.

  3. TheEncore21 says:

    My president is black, infact he half white, so even in a racist mind he’s half right. So if you got a racist mind you be aight.

  4. NYT > Home Page says:

    President Ali Abdullah Saleh returns to Yemen amid gunfire – msnbc.com –

  5. fostermichaeld says:

    amen to that…..Eleanor Roosevelt was one of the greatest women there ever lived..i’ve always admired her

  6. searlus says:

    Beautiful scenery; I owe my career to Theodore Roosevelt (my favorite president). Im a Park Ranger for the National Park Service. This was an amazing documentary, I do presentations for school kids occasionaly on the Park System, and I definetly want to show this to them. Great Job, Teddy would be proud.

  7. HokiePaul says:

    Reagan issued an executive order in 1987 that was related to the idea of new federalism.

    As I understand it, new federalism is more of a philosphy rather than a single act or order that was passed. It is a philosophy that Nixon and Reagan in particular pushed. The idea was to limit Federal government authority to interfere in the states' issues. It is sort of the opposite as the FDR's new deal philosophy of federal government involvement into states' affairs.

  8. ChihuahuaboyDH says:

    Reagan the greatest president ever? he raised taxes on the poor and middle class. made tax cuts for the rich (witch never worked) and exploded the debt. come on. I could go on. High unemployment. Libya. Niaragua. Lebanon.

  9. rumschlager says:

    Your country misses you, Ronald Wilson Reagan…Rest well, Mr. President. Thank you for your service to your country (R.I.P.).

  10. HokiePaul says:

    Reagan issued an executive order in 1987 that was related to the idea of new federalism.

    As I understand it, new federalism is more of a philosphy rather than a single act or order that was passed. It is a philosophy that Nixon and Reagan in particular pushed. The idea was to limit Federal government authority to interfere in the states' issues. It is sort of the opposite as the FDR's new deal philosophy of federal government involvement into states' affairs.

  11. brainstorm says:

    Yes, very much so. Some American sailors were detained in the port at Maracaibo, they were killed in jail. Roosevelt demanded apology and reparation. He received neither. He steamed two battleships into the harbor, had the 16 inch guns leveled at the port and demanded, again, apology and reparation, he received both. That sounds like a big stick to me. He also steamed the white fleet around the world in a show of force, saying, "Mess with the best, die with the rest."

  12. reconomy says:

    SYKES ROOSEVELT ~ MUSIC IS MY BUSINESS (CD) ~ EUR 9,95

  13. Tripp says:

    RT Calz. Roosevelt con tránsito lento de 39 a 19 Avs. horas pico

  14. Pancakes says:

    The worst president in all of history

  15. HokiePaul says:

    Reagan issued an executive order in 1987 that was related to the idea of new federalism.

    As I understand it, new federalism is more of a philosphy rather than a single act or order that was passed. It is a philosophy that Nixon and Reagan in particular pushed. The idea was to limit Federal government authority to interfere in the states' issues. It is sort of the opposite as the FDR's new deal philosophy of federal government involvement into states' affairs.

  16. hardtack says:

    Teddy Roosevelt also said, "America should never become a polyglot flophouse for foreigners". Translate that one.

  17. Critical Analysis says:

    RT rel=”nofollow” “The only limit to our realization of tomorrow will be our doubts of today” ~Franklin Roosevelt

  18. hamnahiman says:

    Jessie should be President. He'd sort this shit out.

  19. rugsyofspurs says:

    i agree, but she was willing to represent the usa and in my opinion she rather harms the image of the country with her way to many knowledge gaps. if you elect a president you should send your best man to candidate and NOT palin.

  20. KingArthur13th says:

    I wonder what his vids were based on before obama was president

  21. Real Patriot says:

    Nowhere in that article is Roosevelt mentioned. However I did notice that most of the contributing writters are Jewish Republicans (biased??) And as for the site, it is a very biased Conservative Republican site that I would not trust to tell the truth. Thats the problem with the internet, people believe everything they read on the net to be truth. It isn't.

  22. DCMarvel2009 says:

    Teddy Roosevelt is the Deadlist warrior defeating lawance

  23. yahoo avatars are dumb says:

    The "Dem" always brings disgrace to the office of President of the United State of America!

  24. HokiePaul says:

    Reagan issued an executive order in 1987 that was related to the idea of new federalism.

    As I understand it, new federalism is more of a philosphy rather than a single act or order that was passed. It is a philosophy that Nixon and Reagan in particular pushed. The idea was to limit Federal government authority to interfere in the states' issues. It is sort of the opposite as the FDR's new deal philosophy of federal government involvement into states' affairs.

  25. Federalism, ObamaCare and Bond v. United States says:

    Is Pennsylvania Hijacking the Presidential Election? | Save Our States: protecting Federalism and the Electoral College –

  26. boosbaby says:

    Probably way back when a new pres. came to the white house and none of the black staff knew his name because they couldn't vote or be seen with or talk to any political white guys. So all they could think of to do is call him Mr. President.

  27. HokiePaul says:

    Reagan issued an executive order in 1987 that was related to the idea of new federalism.

    As I understand it, new federalism is more of a philosphy rather than a single act or order that was passed. It is a philosophy that Nixon and Reagan in particular pushed. The idea was to limit Federal government authority to interfere in the states' issues. It is sort of the opposite as the FDR's new deal philosophy of federal government involvement into states' affairs.

  28. HokiePaul says:

    Reagan issued an executive order in 1987 that was related to the idea of new federalism.

    As I understand it, new federalism is more of a philosphy rather than a single act or order that was passed. It is a philosophy that Nixon and Reagan in particular pushed. The idea was to limit Federal government authority to interfere in the states' issues. It is sort of the opposite as the FDR's new deal philosophy of federal government involvement into states' affairs.

  29. arsic says:

    Within the system that's true. But capital investment into the program, and the technological spin offs that would ensue pay for itself, but more importantly technologically. It's not too debt burdened beyond repair, so much as it's being destructed, privatized and outsourced by the Obama administration purposely . As opposed to the govt standing up to Wall Street. Wilhelm Lautenbach, and Franklin Roosevelt provide the historical counter policy to the corporatist looting we're seeing today.

  30. LizaEckert says:

    RT Diplomat accuses Yemeni president of assassination attempt #Yemen #yf #Saleh

  31. EuroAmericanReich says:

    Franklin Roosevelt's hand picked chief of staff George C Marshall under orders from FDR told Chiang he would have to incorporate communists into his government or lose all US aid, which really hit home for Chiang who always held an alliance with America beforehand. The crippled economy, coupled by the US state dept calling Chiang a dictator for refusing communists and that their only hope would be Mao to get US aid again.

  32. letsjoinforces says:

    Russian President Fires Finance Minister for Insubordination – - #world

  33. roofrat72 says:

    You are aware perhaps, of what President Franklin Roosevelt famously said about public employee unions? You can look it up easily, and by looking it up yourself, you won't have to take my word for it.

  34. luckymii24 says:

    yea the osama thing happened and i bet master chief will some day run for president and find a cure for cancer and all that shit

  35. mrbriscoe2001 says:

    President, yes! 2012 is looking more promising already…GET HER ON THE BALLOT! :D Whatever happened to common sense and wisdom….at least there are some that are willing to speak the truth (i.e. Margaret Cho). Speak on; speak up!

  36. TheWositelec says:

    at first I thought it was Colin Powell, but now that ’s Mr. President, yeah you’re right

  37. HokiePaul says:

    Reagan issued an executive order in 1987 that was related to the idea of new federalism.

    As I understand it, new federalism is more of a philosphy rather than a single act or order that was passed. It is a philosophy that Nixon and Reagan in particular pushed. The idea was to limit Federal government authority to interfere in the states' issues. It is sort of the opposite as the FDR's new deal philosophy of federal government involvement into states' affairs.

  38. rbharvs says:

    Party chair seeks true federalism

  39. imnobody002 says:

    Roosevelt has ghost writers it is obvious

  40. WayneB06 says:

    Chico Banks: Visitation, 7PM. Service 8PM. Wed 12/10. United Missonary Baptist Church, 4242 W Roosevelt Rd, Chicago… Our memory of Chico's joyous virtuoso guitar playing and friendly charisma will go on forever, as will sadness for his loss. His absence leaves a hole in the blues scene that will never be filled.

  41. ilikecupcake says:

    yeah Franklin Roosevelt….if u recognize that man..then if u watch they dont care prison version it shows pics of both martin luther and roosevelt synced with lyrics of course so u can see that

    http://www.youtube.com/watch?v=AzzZD_QIx5c&feature=related

  42. assilembrandywine says:

    She could've been a distant cousin. Eleanor Roosevelt had the name Roosevelt before she married Franklin Roosevelt.

  43. Malia says:

    Federalism is when the federal government shares governing powers with the states. Southern states didn't like the north telling them what to do regarding slavery, but they also didn't appreciate the fact that the north was imposing tariffs on the goods they sold to the south. That's what started the civil war.

  44. ilikecupcake says:

    yeah Franklin Roosevelt….if u recognize that man..then if u watch they dont care prison version it shows pics of both martin luther and roosevelt synced with lyrics of course so u can see that

    http://www.youtube.com/watch?v=AzzZD_QIx5c&feature=related

  45. Tina says:

    Nowhere in that article is Roosevelt mentioned. However I did notice that most of the contributing writters are Jewish Republicans (biased??) And as for the site, it is a very biased Conservative Republican site that I would not trust to tell the truth. Thats the problem with the internet, people believe everything they read on the net to be truth. It isn't.

  46. Mateus15Lopes says:

    this song is not only for obama or bush, is for all the head of states of the world, i'm from brazil, and it reminds me a lot of our president, “dear” dilma rousseff!!!

  47. Billie Jean says:

    yeah Franklin Roosevelt….if u recognize that man..then if u watch they dont care prison version it shows pics of both martin luther and roosevelt synced with lyrics of course so u can see that

    http://www.youtube.com/watch?v=AzzZD_QIx5c&feature=related

  48. prisoner OR prisoners - Twitter Search says:

    Meeting Franklin Roosevelt was like opening your first bottle of champagne; knowing him was like drinking it. –

  49. Agent Smith says:

    Support the President.

    Stop with the silly outdated right wing insanity.
    Stop being conservative.
    Go register as a Democrat.
    Be more Liberal.
    And let's fix this country correctly.

    You had your chance. Now you see how bad your ideology is.

    The American people are the priority.
    All of them.
    Not just the ones you like.
    Care for all the citizens and we will grow stronger together.

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