Varsity-Packet-Final

1010 11 thus although federalism contemplates the

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Unformatted text preview: In Gade v. National Solid Waste Management Association, the Court summarized the tests for preemption: Pre-emption may be either expressed or implied, and is compelled whether Congress' command is explicitly stated in the statute's language or implicitly contained in its structure and purpose. Absent explicit pre-emptive language, we have recognized at least two types of implied pre -emption: field pre-emption, where the scheme of federal regulation is so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it, and conflict pre -emption, where compliance with both federal and state regulations is a physical impossibility, or where state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. 5|Page Federalism DA Affirmative BDL No Link – Grants [___] [___] The plan will be voluntary grants given to the states that want them – doesn’t mandate anything Washington Post 2012 (Ashley Halsey III, July 23, Transit agencies get $787 million in federal grants, http://www.washingtonpost.com/local/trafficandcommuting/transit-agencies-get-787-million-in-federalgrants/2012/07/23/gJQAVfs84W_print.html) From Alaska to Florida, from Hawaii to Maine, the Obama administration on Monday spread $787 million in grants to help repair and restore the nation’s transit systems. With $150 million already committed for that purpose to the Washington Metropolitan Area Transit Authority, the D.C. region was left out of the new round of funding, other than a $1.5 million grant to improve bus stations, shelters and real-time information. Baltimore received $40 million to replace a 65-year-old bus barn and Ocean City will get $2 million to replace aging buses. Virginia’s share of the federal largess is $2 million for paratransit vans in Hampton Roads and an additional $1 million for statewide transit management. Federal Transit Administrator Peter Rogoff said his agency received 836 applications for the money, requesting $4 billion. He calledthe grants a downpayment toward meeting the need for transit restoration and repair that has been deferred by transit systems in an era of tight budgets. 6|Page Federalism DA Affirmative BDL No Internal Link – Not Zero Sum [___] [___] No threshold – The federal government is nowhere near expanding power enough to threaten state governments Ernest Young, Law Professor, University of Texas, 2003 (TEXAS LAW REVIEW, May, p. 1607) One of the privileges of being a junior faculty member is that senior colleagues often fe el obligated to read one's rough drafts. On many occasions when I have written about federalism - from a stance considerably more sympathetic to the States than Judge Noonan's - my colleagues have responded with the following comment: "Relax. The States retain vast reserves of autonomy and authority over any number of important areas. It will be a long time, if ever, before the national government can expand its authority fa...
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