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C region was left out of the new round of funding

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Unformatted text preview: ment argument that the penalty for failure to comply with the mandate was not a penalty at all—rather, a tax within the power of the Taxing Clause (as well as the Sixteenth Amendment, a further flimsy stretch). The majority’s use of the Taxing Clause dealt another blow to federalism. 2|Page Federalism DA Affirmative BDL Not Unique – Federal Power Growing [___] [___] Federal intrusion on the states now Peter Harkness, founder and publisher emeritus of GOVERNING, 2012 (January, “What Brand of Federalism is Next?”, http://www.governing.com/columns/potomacchronicle/gov-col-what-brand-of-federalism-is-next.html) In this atmosphere, the Obama administration has pursued a very unique mixture of collaborative and coercive strategies in dealing with states and localities, making it hard to define just what kind of federalism we’re seeing. The health-care, education and financial regulation reform bills, the climate change proposal and the massive financial stimulus bill all represented an aggressive use of federal power, some of it unprecedented and some pre empting state regulations. 3|Page Federalism DA Affirmative BDL Not Unique – Federal Transportation Influence Growing [___] [___] Growing federal role in transportation policy now and states like it Robert Jay Dilgerm, Senior Spet in American National Government at the Congressional Research Service, 2011 (January 10, 2011, “Federalism Issues in Surface Transportation Policy: Past and Present,” http://www.fas.org/sgp/crs/misc/R40431.pdf) American federalism, which shapes the roles, responsibilities, and interactions among and between the federal government, the states, and local governments, is continuously evolving, adapting to changes in American society and American political institutions. The nature of federalism relationships in surface transportation policy has also evolved over time, with the federal government’s role becoming increasingly influential, especially since the Federal-Aid to Highway Act of 1956 which authorized the interstate highway system. In recent years, state and local government officials, through their public interest groups (especially the National Governors Association, National Conference of State Legislatures, National Association of Counties, National League of Cities, U.S. Conference of Mayors, and American Association of State Highway and Transportation Officials) have lobbied for increased federal assistance for surface transportation grants and increased flexibility in the use of those funds. 4|Page Federalism DA Affirmative BDL No Link – Supremacy Clause [___] [___] No link – under the Supremacy Clause, federal law is preeminent Erwin Chemerinsky, law professor at Duke, 2004 (BROOKLYN LAW REVIEW, Summer pp. 1316-7) Article VI of the Constitution contains the Supremacy Clause, which provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law of the land . When a state law conflicts with federal law, the federal law controls and the state law bows under the principle of federal supremacy. As the Supreme Court declared: "Under the Supremacy Clause, from which our pre-emption doctrine is derived, any state law, however clearly within a State's acknowledged power, which interferes with or is contrary to federal law, must yield ."...
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This document was uploaded on 02/06/2014.

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