Reauthorize No Child Left Behind but eliminate the more prescriptive elements and mandatory enforcement mechanisms. Also create a clearer division between purely local infrastructure projects and those that are regional or national in scope, with funding going to the latter. Create a new federal loan window for states to use during economic downturns. Modeled after Unemployment Insurance, the loan window would allow states to borrow from the federal treasury during tough fiscal times and repay the loans in good times, allowing states to avoid budget cuts or tax increases that would undermine counter-cyclical federal fiscal policy.
Related Books. Peterson and Daniel Nadler. Medicaid and Devolution Edited by Frank J. Related Topics Federalism. More on Federalism. When the territory [the West] belongs to Canada, when its navi- gable rivers are traversed for a few years by vessels, and lines of trav- el are permanently established, when settlements are formed in favourable locations throughout the territory, it will not be difficult by grants of land to secure the construction of a railway across the plains and through the moun- tains…If we set about the work of opening the territory at once, we shall win the race [against the United States, which was pushing steadily westward]…It is an empire we have in view, and its whole export and import trade will be concentrated in the hands of Canadian merchants and man- ufacturers if we strike for it now.
Indeed, it was difficult to imagine the relationship in anything but colonial terms. The land, after all, was virtually empty except for an Aboriginal popula- tion that did not figure heavily in the nation-building visions of the Confederation period, and Canada was competing with the United States in a settlement race westward across the con- tinent.
Central Canadian banks financed the debtor frontier and the railways link- ing producers on that frontier to global markets. The federal government orches- trated both the construction of the rail system and immigrant settlement in the late s and early s. The agrarian settlement of the prairie west was there- fore a national project, albeit a colonial one, and undoubtedly a successful one.
It was nation building in the literal sense of the word. For the new western Canadian popu- lation, it was also nation building in a global economic context. The emer- gent western grain economy was tied to global markets from the get-go.
Agricultural producers were necessarily dependent on those markets, as the domestic population was too small to absorb their output, and the United States was a vigorous competitor more than it was a market. Globalization was a fact of life, if not a term used at the time. And, in global markets, national tariff policies provided no protection for western producers. Tariffs could and did protect the infant central Canadian manufacturing industries, but agricultur- al producers were left on their own in the international marketplace, while at the same time having no choice but to absorb the costs imposed by tariffs on the machinery they used.
This is why the National Policy of tariff protec- tion had few fans in western Canada. In some ways, of course, prosperity in the early prairie west lay beyond the reach of public policies; it was in the hands of the weather, international markets and grasshoppers if grasshoppers have hands. Yet in other ways, regional prosperity was tied directly to the policy architecture of the federal government. The National Policy had a direct impact on the input costs faced by western producers, and the federal government sat astride the transporta- tion infrastructure that linked western Canadian producers to world markets.
Ottawa set freight rates, regulated and partially financed the railroads and reg- ulated the financial institutions that provided credit to western producers. All of this meant that wielding political power in Ottawa was critically impor- tant for the economic interests of west- ern Canadians.
Western Canadians could not afford to disengage, for only if regional political power could be wielded with- in the national government would the economic interests of western Canada be protected and advanced. Greater decentralization was not the answer because the policy domains of greatest concern, including tariffs and inter- provincial transportation, were intrinsically responsibilities of the Government of Canada and not provincial govern- ments.
Decentralization might work as a strategy to protect the cultural integrity of Quebec but not as a strat- egy to protect the economic interests of the West. The more general point is that Canadian federalism, and particular- ly the national government and its poli- cy architecture, was highly relevant to western Canadians even though, in their eyes, it was badly flawed. Hence the reform impulse in western Canada, an impulse reflecting the reality that what Ottawa did and did not do had a very sig- nificant impact on regional prosperity.
The West was the most globalized part of the early Canadian economy, and success in global competition was tied directly to the policies and actions of the federal government. It is no wonder, then, that western Canadians wanted in; they had little choice. It is also no wonder that they championed institutional and polit- ical reforms, albeit with no success. The core of western Canadian discontent lay with this sense of impotence, of being unable to influence the public policy determinants of regional prosperity.
Yes, the federal government was important, but it was also remote, seemingly indif- ferent and occasionally hostile to western Canadian aspirations.
But that was then and this is now. In recent decades the linkages between federal policy and economic prosperity in the West have been substantially weakened. For example:. The tariffs that were so integral to the National Policy and that served as a lightning rod for agrarian discontent are gone. In most respects some see the Canadian Wheat Board as a significant exception , the federal government no longer stands between western Canadian producers and the global trading system.
The federal government now plays little role in the transportation systems linking western Canadians to global markets. Freight rates are set by markets, not by Parliament. Ottawa today is little more than a collector of taxes e. The transportation system is unfortunately seen more as a revenue source than as the foundation for eco- nomic growth and prosperity.
The relative importance of east- west interprovincial trade has decreased. During the 20 years between and , interprovincial exports in the West fell slightly, from Although east- west trade is not unimportant, it is pro- gressively less important. International trade has become more important to the regional econo- my. In the 20 years between and , international exports as a pro- portion of the western Canadian GDP rose from Against the backdrop of these changes, the West has emerged as the new economic engine for Canada.
The region has vast energy supplies, energy markets are robust and natural resource markets are generally strong. Unemployment rates are low and pub- lic finances are in excellent shape. Most of these changes in the eco- nomic landscape, with the pos- sible exception of the last, have played out across the country; the Free Trade Agreement FTA and NAFTA, for instance, have had a profound impact on the national economy.
The particu- lar relevance of these changes for west- ern Canadians is that they decrease the relevance of the federal government.
For generations, western Canadians have sought a more effective voice in Ottawa to call attention to regional aspirations and needs. Now, instead of western Canadians pleading their relevance to Ottawa, the challenge will be for the national government to show that it is relevant for the West.
The federal government also seems less able, or less relevant, or both, in protecting and promoting regional economic interests on the international stage.
While it may be possible to argue that western Canadians would be even worse off were it not for the intervention of the federal government, this is not an easy argument to make. The basic reality is that Canada is a small and proportionately shrinking player in the international trading system, where we speak softly and carry a small stick.
Senator Pat Carney, former minis- ter of energy in the Mulroney govern- ment, was essentially right when she argued in Calgary during the federal election campaign that western Canadians should support the proposed FTA because, once it was implemented, the American govern- ment would then protect western Canadians from their own national government an extraordinary argu- ment for a minister of the Crown to make!
Washington would ensure that future Ottawa governments would not resur- rect the notorious NEP. Here it can also be argued that business interests in western Canada have become increas- ingly indifferent to conventional methods of political representation. They exercise sufficient clout to have direct access to the federal govern- ment; there is no need to channel their concerns through a local MP or sena- tor. In summary, the agricultural set- tlement of the prairie west illustrates the historical role played by the Government of Canada in building, protecting and promoting a common economic space.
The national govern- ment was directly involved in promot- ing immigration, in the construction of the infrastructure needed to link western Canadian producers to world markets and in the establishment of the treaties with Aboriginal peoples that paved the way for agricultural settlement. That role, of course, was also contentious, as the effects of national economic policies were not evenly distributed across regional communities; tariffs were a golden goose for central Canadian manufacturers and a cross to bear for agricultural producers on the Prairies.
Every justice agreed that the federal Immigration Reform and Control Act of does not expressly preempt such prosecutions, but the dissenting coalition argued that the statute impliedly preempts states from prosecuting fraud involving federal work authorization. To this end, in this Annual Review, Lina Newton analyzes the mix of federal-state conflict and cooperation surrounding recent state legislation involving immigrant labor.
In , the Trump administration moved to rescind the program, arguing that it was illegal. A variety of subnational governments challenged the regulation as inconsistent with the INA and arbitrary and capricious under the APA. Federal courts have split on these questions and the broader dispute will likely be settled by the Supreme Court if the regulation remains in effect after the election.
First, U. A preliminary injunction was issued against the policy on the understanding that it likely violates the APA, but the Supreme Court granted a stay allowing the rule to remain in effect. Second, asylum seekers must enter the United States at a designated port of entry to be eligible.
A preliminary injunction has been issued against this policy on the understanding that it likely violates the APA and INA. Here we consider issues involving gender identity, reproductive choice, and sexual orientation—each of which encompasses sexuality see, e. Numerous states passed laws restricting reproductive choice this year. Many set limitations based on fetus development, including six, eight, and eighteen week restrictions. Alabama banned nearly all abortions.
As Joshua C. Wilson discusses in this Annual Review, although many of these laws flout Supreme Court precedent, they are often adopted in part to provide the Court a vehicle for revisiting its prior decisions in the wake of Brett Kavanaugh replacing Anthony Kennedy.
The Supreme Court is set to decide two important reproductive choice questions: i whether a law requiring providing physicians to have admitting privileges at a local hospital is constitutional and ii whether providers have third-party standing to challenge regulations on behalf of patents June Medical Services v.
Russo , Although Russo is an unlikely vehicle to overturn Roe v. First, holding that providers lack standing to challenge regulations would put the onus on women to bring lawsuits. More broadly, to the extent Hellerstedt suggested that lower courts should engage in a stringent undue burden inquiry, the Court could signal a new approach leaving states more flexibility to restrict abortion.
Two provisions are at issue. Azar , The questions at issue include whether Title VII prohibits discrimination i on the basis of sexual orientation Bostock v. Clayton County, and ii against transgender people Altitude Express v. Zarda , This Title VII litigation may provide important signals about how courts will resolve the wave of litigation likely to follow from recent or pending federal and subnational policy enactments.
The Trump administration banned transgender people from military service, revoked federal guidance concerning gender identity recognition in public schools, jettisoned inclusive census questions, removed gender identity and sexual orientation from nondiscrimination statements, and proposed a rule abolishing nondiscrimination protections in the implementation of federal health care programs see, e.
For example, several states considered enacting nondiscrimination protections and permitting recognition of gender identity on government documents. Although few of these measures passed in divided state governments, Virginia—after Democrats gained unified control of the legislative and executive branches for the first time since —passed a wave of reforms.
Most prominently, the Virginia Values Act prohibits discrimination on the basis of sexual orientation and gender identity in housing, credit access, and public accommodations.
Virginia also passed laws banning conversion therapy for minors and requiring education officials to develop rules concerning transgender student treatment.
In Rucho v. Common Cause , S. Justice Kagan wrote for the dissenters, arguing that these claims should remain cognizable on the understanding that vote dilution implicates the Equal Protection Clause. Although eliminating the federal judicial remedy has significant electoral implications, state courts can still adjudicate partisan gerrymandering claims under state law. Lewis , CVS Another Supreme Court redistricting case concerned alleged racial gerrymandering in Virginia.
In Virginia House of Delegates v. Bethune-Hill , S. New York , S. The case yielded several holdings. Second, the Court held five-four that the Enumeration Clause permits including a citizenship question. Third, the Court held five-four that the decision to add the question was not impermissibly arbitrary and capricious under the APA because it was supported by sufficient evidence that doing so would yield more accurate citizenship data than using administrative records alone.
In Tennessee Wine v. Thomas , S. The case is especially notable from a federalism perspective because of its bipartisan reaffirmation of an operative dormant component to the Commerce Clause. Two important federalism cases overturned longstanding precedents. In Franchise Tax Board of California v. Hyatt , S. The case arose when a Nevada resident sued a California state agency in Nevada state court. Overturning Nevada v.
In Knick v. Township of Scott , S. The Hyatt and Knick disputes about precedent—both of which were decided along party lines—could be proxy battles for impending showdowns over potential post-Kennedy precedent alterations in areas such as affirmative action, reproductive choice, school prayer, and equal protection on the basis of sexual orientation.
The Court considered three Native American federalism cases. First, the Court held over Sharp v. Murphy , , for reargument. More broadly, the case could settle how to determine whether Congress has disestablished or diminished a reservation.
Second, in Herrera v. Wyoming , S. Third, in Washington State Department of Licensing v. Cougar Den , S. Three criminal cases have important implications for subnational governments. First, in Gamble v. United States , S. Second, in Mitchell v. Wisconsin , S. Third, in Flowers v. Mississippi , S. In Ramos v. Louisiana No. This decision invalidated laws in Oregon and Louisiana allowing for convictions by ten-two jury votes. Since the Court previously refused to incorporate the unanimous verdict guarantee against the states in a decision Apodaca v.
Shortly after its decision the Court granted cert in a case questioning whether Ramos applies retroactively Edwards v.
Vannoy , City of New York No. The merits question concerned the constitutionality of a New York City ordinance prohibiting handgun transportation outside of city limits as applied to taking unloaded and container-locked handguns outside of the city to a second home or shooting range. By a six-three vote, the Court held that these actions rendered the case moot. We previously discussed pending cases concerning immigration, health care, gender identity, reprodctuve choice, and sexual orientation.
Other notable pending cases include challenges to state laws prohibiting or punishing "faithless" presidential electors Colorado Department of State v. Baca , No. Washington , No. Vance , More generally, governmental responses to COVID will generate an extensive pandemic jurisprudence, some of which may reach the Court.
For the first time in U. Government responses have been varied, reflecting decentralized power, differential attention to science, disproportionate impact on marginalized groups, and mixed perceptions of purported tradeoffs between economic well-being and public health. As the crisis unfolds, important federalism concepts are on display, including cooperation and conflict through vertical and horizontal relations.
Moreover, the pandemic has reinforced the themes of polarization and punitiveness governing contemporary intergovernmental conflict. The partisan divide continues to permeate most dimensions of American federalism. Positions on public policy and legal questions are ideologically divided.
Tensions have seemingly increased during the last year with the Trump administration's partisan rancor and retaliatory action against divergent subnational governments. Whether punitive federalism is a short-term phenomenon idiosyncratic to the Trump administration or a more lasting feature of American politics remains to be seen. A year later, on the same day after the Trump Administration finalized its weakening of the standards, Volvo joined the agreement with California.
The CAA contains a provision that allows California to seek a waiver from federal standards, because at the time the law was enacted, the state already had standards the exceeded those in the law.
Earlier in the month, President Trump had alleged in a tweet that San Francisco was allowing waste from homeless people to contaminate the Pacific Ocean. Ballot measures for Medicaid expansion are percolating in several additional states, including Florida, Missouri, and South Dakota, and there has been active legislative activity in other states, including Kansas, North Dakota, Oklahoma, and Wyoming.
For a discussion on the importance of state constitutional law in evaluating restrictive voting laws and partisan gerrymandering claims, see Martorano Miller et al. For more on the strategic use of justiciability doctrines such as standing, ripeness, and mootness to avoid underlying merits questions, see Goelzhauser ABC News. April 3. Abramowitz Alan I. Google Scholar. Google Preview.
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Russo, No. Brief for States of Illinois, et al. Georgia, No. Brief for States of Tennessee, et al. April 1. Cha Ariana Eunjung. Washington Post , March 4. Chemnick Jean , Farah Nina H. Choi Matthew. Politico , March 6. Conlan Timothy. Intergovernmental relations in a compound republic: The journey from cooperative to polarized federalism. Publius: The Journal of Federalism 47 2 : — Corwin Edward S. The passing of dual federalism. Virginia Law Review 36 1 : 1 — Costa Robert , Rucker Philip.
Washington Post , March Dale Daniel. CNN , April 3. Davenport Coral. February 7. Davenport Coral , Tabuchi Hiroko. New York Times , July CNN , March 3. Dougherty Michael Brendan. National Review , March Dwyer Colin. Dwyer Dialynn. Engel Kirsten H.
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Avoiding constitutional cases. American Politics Research 39 3 : — Goelzhauser Greg , Konisky David M. The state of American Federalism Litigation, partisan polarization, and the administrative presidency. Publius: The Journal of Federalism 49 3 : — Goodnough Abby. Gopal Prashant , Sullivan Brian K. Bloomberg , March Greenblatt Alan. Governing , April 3.
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