DDI09.SS.StatesCpImmigrationUpdates.Wave5

DDI09.SS.StatesCpImmigrationUpdates.Wave5 -...

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4af4cfcad3c6ffde6067bf77461307cbab642f7a.doc Dartmouth 2K9 1 States don’t link to politics State action is insulated from politics Celli 1 – Chief of the Civil Rights Bureau, New York State Attorney General's Office (Andrew, 64 Alb. L. Rev. 1091) I also saw that state enforcement officers, like me and like Peter Lehner, with our small and agile offices operating below the national political radar, that we can use these federal laws in creative and aggressive ways and perhaps in a way that is insulated from the kinds of political pressure that, say, the Civil Rights Division of the Justice Department faces. States doesn’t link to politics.  Jon Michaels , Associate, Wilmer, Cutler & Pickering; Law Clerk designate, the Honorable Guido Calabresi, United States Court of Appeals for the Second Circuit (J.D., Yale Law School), 200 4 . [34 Seton Hall L. Rev. 573, Deforming Welfare: How the Dominant Narratives of Devolution and Privatization Subverted Federal Welfare Reform, lexis] Simply put, in abdicating this responsibility, Congress has actually allowed one narrative to dominate the other. It has privileged the aims of devolution and privatization - at the expense of ensuring fidelity to the policy aims and objectives of welfare reform and, importantly, at the expense of ensuring fidelity to the concept of federalism itself. This capitulation to the forces of devolution , I need not add, may be politically expedient , n5 but otherwise incongruous from the perspective of prudent policymaking. n6 State and local governments, as well as private and faith-based providers, could be quite effective partners in designing and implementing welfare reform. But left to their own devices, they lack the institutional capacity and, oftentimes, the proper incentives to bear primary [*577] responsibility for ensuring the successful transition of America's dependent, welfare population to the world of work and personal responsibility. The shrinking of the federal government's responsibilities over social welfare, moreover, creates civic harms as well. n7 To abandon our national commitment to assist some of the most vulnerable among us, is to rend the very fabric of our collective identity. Last printed 1
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4af4cfcad3c6ffde6067bf77461307cbab642f7a.doc Dartmouth 2K9 2 AT Rollback Congress won’t rollback state action Goldsmith 19 97 (Jack, Associate Prof – U Chicago, Virginia Law Review, November, Lexis) The rise in subnational foreign relations activity tells us little, of course, about the activity's normative desirability. But we should also avoid the automatic assumption that this development is normatively undesirable. This is especially true because the federal political branches have made clear that , in contrast to traditional foreign relations activities which largely have been federalized through statute and treaty, they do not always, or even usually, prefer federal regulation of these new foreign relations issues. The recent increase in state
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This note was uploaded on 12/20/2010 for the course K 101 taught by Professor Staff during the Fall '10 term at UMass Lowell.

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DDI09.SS.StatesCpImmigrationUpdates.Wave5 -...

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