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Unformatted text preview: s Initiative—a partnership among the Department of Transportation, Department of
Housing and Urban Development (HUD) and Environmental Protection Agency (EPA) — has, for
example, given cities and metropolitan areas resources, information and tools to make
sharper connections between housing, transportation and environmental resources. On
regulatory matters, President Obama has used federal actions to set a “floor rather than a ceiling” on a range of
consumer protection, clean energy and environmental matters. This has left room for the states to innovate on
auto emission standards in California, for example, and to seek redress for mortgage abuses through the States
Attorney Generals. To date, President Obama’s approach to economic restructuring has tended toward the
more permissive, enabling end of the federalist spectrum. 4|Page Federalism DA BDL
Federalism 1NC Shell B. Link – Growth in federal power and taking over of jurisdiction undermines state power
Harvard Journal of Law and Public Policy, 2000
(Spring, p. 565-6)
The new term actually gives us a new perspective on the enumerated powers. No power granted to
Congress - think of the Commerce Clause - may be so construed as to preempt entirely the
states' power over the people. I employ the phrase "power over the people" for two reasons. First,
this phrase emphasizes that the reserved powers of the states must somehow reflect general
sovereign powers, which are powers over people. The "States qua States" cases preserve the states'
power over some people - those who are state employees. A state that may resist commandeering
so as to retain only the power to exist in name possesses no meaningful powers. Second, I
refer to the states' power over "people" because the Court has overlooked "the people" in its
arguments over the Tenth Amendment, and "the people's" rights are also reserved. The Tenth
Amendment expresses a triangular relationship among the federal government, state governments,
and the people. Although the context for Tenth Amendment litigation has involved disputes between
states and the federal government, residual state authority also inures to the benefit of "the people."
In any contest between Congress and the states, a decision that favors expanded federal
powers necessarily disfavors the states and the people. When Justice Souter wrote in Alden that
"the commerce power is no longer thought to be circumscribed," he meant, implicitly, that the people
have reserved no powers over commerce or anything affecting it.
C. Impact – Federalism is crucial to prevent tyranny
Ernest Young, Law Professor, University of Texas, 2004
(TEXAS LAW REVIEW, November pp. 59-60)
More fundamentally, our federalism has always been justified as a bulwark against tyranny.
Madison extolled federalism as part of the "double security" that the new Constit ution would provide
for the people; just as the three branches of the central government were to check one another, the
state governments would check the...
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- Spring '14