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Unformatted text preview: executive branch action. 7|Page Federalism DA BDL Answers to: No Threshold [___] [___] Small policy decisions are the greatest threat to federalism Cynthia Lebow, Associate Dir @ the RAND Institute 1997 (Cynthia C., U. Tennessee Law Review, Spring, p. n162) If Congress may do this, presumably it has the power to pre-empt state-court rules of civil procedure and judicial review in classes of cases found to affect commerce. This would be the type of gradual encroachment hypothesized by Professor Tribe: "Of course, no one expects Congress to obliterate the states, at least in one fell swoop. If there is any danger, it lies in the tyranny of small decisions in the prospect that Congress will nibble away at state sovereignty, bit by bit, until someday essentially nothing is left but a gutted shell." 8|Page Federalism DA BDL Answers to: No Threshold [___] [___] After the Supreme Court’s health care ruling, now is a key time and transportation infrastructure funding will be a defining issue Dylan Scott, Staff writer for GOVERNING Magazine, 2012 (Health Ruling Sets Up Potential Fallout for Federalism, June 29, What does this mean for other federal-state programs? Federal education funding, for example, is based on states meeting certain student achievement goals. Likewise, states must meet federal safety requirements to receive some infrastructure and transportation funding. Does the Court's decision change the federal-state relationship and lay the grounds to challenge future attempts by Congress to set conditions for federal funding to states? “I think that’s the million-dollar question, and it might,” said Lisa Soronen, executive director of the State and Local Legal Center, during a discussion on the ruling’s implications Friday. “But only time will tell.” 9|Page Federalism DA BDL Link – Transportation [____] Despite the federal highway act, states should play a larger role in public infrastructure to deter pork barrel spending. Richard Nathan Co-director of the Nelson A. Rockefeller Institute of Government 2005 (“There will always be a New Federalism.” For the American Enterprise Institute. Dec. 14 http:// AD 07/06/09) Rediscovery by Liberals The paradox is that federalism is being rediscovered by liberals. Rep. Barney Frank (D. Mass) recently was compared to states’ righter and former U.S. Senator Strom Thurmond when Frank argued that the states (with Massachusetts out front) should be the arbiters of gay marriage. 2 Barney Frank is not alone. Other liberals see the states, particularly states with liberal leaders, as the appropriate governments to deal with many program issues. • Protecting Medicaid ― The federal government has tried several strategies to slow the growth of the Medicaid program, which aids the elderly, the disabled, and poor families. But since the program has a broa...
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This document was uploaded on 02/06/2014.

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