The State of American Federalism, 1995-1996

Publius: The Journal of Federalism

Volumn 26, Issue 3, 1996, Pages 1-25

  Weissert, Carol S ^a   Schram, Sanford F ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0030170767     PISSN: 00485950     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.pubjof.a029857     Document Type: Article

References (107)

1. 1 Richard P. Nathan, "The Devolution Revolution: An Overview," Rockefeller Institute Bulletin 1996 (Albany, NY: Nelson A. Rockefeller Institute of Government, 1996), pp. 5-13.
2. 2 Alan Ehrenhalt, "Out in the States, It's Not the 1930s Anymore," Governing 9 (December 1995): 7-8.
3. 3 Bob Dole, "It's Time to Start Trusting the States: Block Grants, Mandates and Welfare," Rockefeller Institute Bulletin 1996 (Albany, NY: Nelson A. Rockefeller Institute of Government, 1996), p. 24.
4. 4 Roper Center for Public Opinion Research, "Devolution in the Polls: Long-term Shift in Public Opinion," Rockefeller Institute Bulletin 1996 (Albany, NY: Nelson A. Rockefeller Institute of Government, 1996), pp. 14-16.
5. 5 Gary Lee, "The Clean Air Act Evaporates: One Program at a Time," Washington Post National Weekly Edition, 11-17 March 1996, p. 11.
6. 6 John H. Cushman Jr., "Many States Give Polluting Firms New Protections," New York Times, 7 April 1996, pp. 1, 12.
7. 7 U. S. Advisory Commission on Intergovernmental Relations, The Role of Federal Mandates in Intergovernmental Relations: A Preliminary Review and Comment (Washington, D.C.: ACIR, 1996).
8. 8 Michael A. Pagano and Ann O'M. Bowman, "The State of American Federalism, 1994-1995," Publius: The Journal of Federalism 25 (Summer 1995): 7-8.
9. 9 Howard Moyes, "Executive Summary," Restoring Balance to the American Federal System (Lexington, KY: Council of State Governments, 1996).
10. 10 "Preemption Watch," State Legislatures 22 (June 1996): 3.
11. 11 Spencer Rich, "Medicare Nears to Red, Report Says," Washington Post, 29 April 1996, p. A4.
12. 12 Spencer Rich, "The Clock is Ticking on Medicare," Washington Post National Weekly Edition, 10-16 June 1996, p. 37.
13. 13 Jeff Shear, "A Necessary Evil?" National Journal (28 March 1996): 505.
14. 14 David E. Sanger, "Gingrich Threatens U.S. Default if Clinton Won't Bend on Budget," New York Times, 22 September 1995, pp. A1, C5.
15. 15 David S. Broder, "Attacking the Defenseless," Washington Post National Weekly Edition, 9-15 October 1995, p. 4.
16. 16 Michael Wines, "Talks on Budget Are Put on Hold Amid Uncertainty," New York Times, 10 January 1996, pp. A1, A10.
17. 17 President Bill Clinton, "Seeking a Middle Path: Statements on Federalism," Rockefeller Institute Bulletin 1996 (Albany, NY: Nelson A. Rockefeller Institute of Government, 1996), p. 30.
18. 18 Ibid., 29
19. 19 Newt Gingrich, "We're Following the Governors," Rockefeller Institute Bulletin 1996 (Albany, NY: Nelson A. Rockefeller Institute of Government, 1996), p. 22.
20. 20 Judith Havemann, "Blocking the Path to Big Budget Cuts," Washington Post National Weekly Edition, 17-23 July 1995, p. 27.
21. 21 Michael Wines, "Minor Differences, Vast Distinctions," New York Times, 12 May 1996, p. 13.
22. 22 Rochelle Stanfield, "Holding the Bag?" National Journal 27 (September 1995): 2207-2209.
23. 23 See Evelyn Brodkin, "Administrative Capacity and Welfare Reform," Looking Before We Leap: Social Science and Welfare Reform, eds. R. Kent Weaver and William Dickens (Washington, D.C.: The Brookings Institution, 1995), pp. 75-90.
24. 24 Stanfield, "Holding the Bag?" 2209.
25. 25 Yet in 1996, the process was still slow, with an average wait of 210 days for approval. Dana Milbank and Laurie McGinley, "While Washington Fiddles, Many States Devise Solutions to Problems with Welfare and Health Care," Wall Street Journal, 31 May 1996, p. A12.
26. 26 Kenneth B. Noble, "Welfare Revamp, Halted in Capital: Proceeds Anyway," New York Times, 10 March 1996, p. 11. The welfare reform package was actually vetoed twice - once as part of the budget reconciliation and once as a separate bill.
27. 27 Robert Pear, "House Approves Shift on Welfare," New York Times, 19 July 1996, p. A1, A10.
28. 28 Marilyn Weber Serafini, "Pinching Pennies," National Journal 28 (September 1995): 2273-2277.
29. 29 States Prepare for Medicaid Changes," State Initiatives in Health Care Reform (January-February 1996): 1-3.
30. 30 John M. Goshko, "As Oregon Goes, So Could the Rest of the Nation," Washington Post National Weekly Edition, 14-20 August 1995, p. 31.
31. 31 U.S. General Accounting Office, Status of EPA's Initiatives to Create a New Partnership with States (Washington, D.C.: GAO, 1996), GAO T-RCED-96-87.
32. 32 115 S.Ct. 1624 (1995).
33. 33 In February 1996, the Nebraska Supreme Court struck down that state's legislative limits on both national and state legislators. The justices ruled that one portion of the initiative could not be severed from the remaining ones, and citing Thornton they voided the state's limitation measure. It was the first time that a state high court has applied Thornton to overturn limits on state lawmakers. See "Nebraska Supreme Court Nixes Term Limits," State Legislatures 22 (April 1996): 9.
34. 34 1996 U.S. LEXIS 2165.
35. 35 Linda Greenhouse, "Taking States Seriously," New York Times, 14 April 1996, p. E3.
36. 36 113 S.Ct. 1732 (1995).
37. 34 63 LW 4726 (1995).
38. 38 Shaw v. Hunt 135 L. Ed 2d 207 (1996).
39. 39 Bush v. Vera 135 L. Ed 2d 248 (1996).
40. 40 Linda Greenhouse, "Justices Invalidate 4 House Districts as Products of Racial Gerrymandering," New York Times, 14 June 1996 (Netscape version).
41. 41 Metronic, Inc. v. Lohr et vir., 135 L. Ed 2d 700 (1996).
42. 42 Cipollone v. Liggett Group. Inc., 505 U.S. 504, 517 (1991).
43. 43 Linda Greenhouse, "High Court Backs State Suits in Medical-Device Injuries," New York Times, 27 June 1996 (Netscape version).
44. 44 18 U.S. at 992 (s).
45. 45 1996 U.S. App. LEXIS 5289.
46. 46 United States of America v. Steven Paul Parker, 911 F. Sup. 830, 1995 U. S. Dist. LEXIS 17193.
47. 47 18 U.S.C. at 228.
48. 48 1996 U.S. LEXIS 3245, 64 U.S.L.W. 4353.
49. 49 United States v. Virginia et al., 135 L. Ed 2d 735 (1996).
50. 50 1996 U.S. LEXIS 3390, 64 U.S.L.W. 4335.
51. 51 Voter Rights Coalition v. Wilson, 60 F. 3rd 1411, 1995 U.S. App., LEXIS 19182.
52. 52 John P. Feldmeier, "Federalism and Full Faith and Credit: Must States Recognize Out-of-State Same-Sex-Marriages?" Publius: The Journal of Federalism 25 (Fall 1995): 107-126.
53. 53 74 Hawai'i 530, 852 P2d 44 (1993).
54. 54 Feldmeier, "Federalism and Full Faith and Credit," 108.
55. 55 Gabriel Rotello, "To Have and to Hold: The Case for Gay Marriage," The Nation, 24 June 1996, p. 1.
56. 56 "Panel OKs Measure Curbing Gay Unions," Honolulu Advertiser, 13 June 1996, p. 1.
57. 57 Feldmeir, "Federalism Full Faith and Credit," p. 125. The U.S. Supreme Court ruling banning state recognition of polygamous marriages is Reynolds v. United States, 98 U.S. 145 (1879).
58. 58 Ibid., 122-123.
59. 59 Robert Pear, "Shifting Where the Buck Stops," New York Times, 29 October 1995, p. 4-1.
60. 60 Gingrich, "We're Following the Governors," 23.
61. 61 Catherine O'Brien, "Engler to Congress: Turn Welfare Over to States," Ann Arbor News, 14 January 1995, p. A13.
62. 62 Barbara Vobejda and Judith Havemann, "Traditional Welfare Constituencies Put Out by Lack of Reform," Washington Post, 21 May 1995, p. A4.
63. 63 Gingrich, "We're Following the Governors," 21.
64. 64 Judith Havemann, "Governors' Reform Plan Ends Welfare Guarantee," Washington Post, 7 February 1996, p. A4.
65. 65 Robert Pear, "On Social Policy: Governors Quietly Split the Difference," New York Times, 8 February 1996, pp. A1, A12.
66. 66 Ibid., A12.
67. 67 Todd S. Purdum, "Governors Adopt Plan to Overhaul Aid for the Poor," New York Times, 7 February 1996, p. A1.
68. 68 Ibid., A9.
69. 69 Robert Pear, "White House Criticizes Plan for Welfare," New York Times, 27 February 1996, p. A8.
70. 70 Gingrich, "We're Following the Governors," 21.
71. 71 Council of State Governments, "Governors' Top Priorities," State Trends Bulletin 2 (Spring 1996): 3.
72. 72 Robert Pear, "President Draws Line on Welfare," New York Times, 19 October 1995, p. A11.
73. 73 Jack Tweedie, "Time Limits in Welfare Reform," NCSL Legisbrief (February 1996): 1-2.
74. 74 In Wisconsin, Welfare Reform is Vehicle for Expanding Coverage to Working Poor," State Health Watch, 3 May 1996: 1-8.
75. 75 Robyn Meredith, "A Welfare Plan Wins Unlikely Support," New York Times, 22 January 1996, A12.
76. 76 Scott Mackey, "Economies Up, Taxes Down," State Legislatures 21 (December 1995): 22-23.
77. 77 Jennifer Dixon, "Only 10 States Meet Welfare Work Guidelines," Ann Arbor News, 17 April 1995, p. A4.
78. 78 Charles Babington, "Potholes on the Road to a New Federalism Bugs Plague Efforts to Computerize States' Collection of Child Support," Washington Post, 15 October 1995, p. A1.
79. 79 Richard Hegner, "Medicaid Managed Care: How Effective a Cost-Containment Tool?" National Health Policy Forum Issue, Brief No. 675, September 1996.
80. 80 See Daniel M. Fox and Phillip Isenberg, "Anticipating the Magic Moment: The Public Interest in Health Plan Conversions in California," Health Affairs 15 (Spring 1996): 202-209.
81. 81 Linda Demkovich, "Managed Care Plans Feel Patient, Provider Backlash," State Health Notes, 15 April 1996.
82. 82 Associated Press, "Maryland and Connecticut Join States Seeking Tobacco Money," New York Times, 2 May 1996, A12.
83. 83 Kathryn Wexler, "The Fight Over Affirmative Action," Washington Post National Weekly Edition, 11-17 March 1996, p. 33.
84. 84 Reverse Discrimination Complaints Rare, A Labor Study Reports," New York Times, 31 March 1995, p. A10.
85. 85 Regents of the University of California v. Bakke, 438 U.S. 265 (1978).
86. 86 In July 1996, the U.S. Supreme Court refused to hear an appeal of the Texas case. The Court was not necessarily endorsing the action, however, explaining in an opinion written by Justice Ginsburg that the case was not a genuine controversy because the state's two-track admission system had been abandoned.
87. 87 Peter Applebome, "2 Decisions Reflect Bitter Conflict Surrounding University Affirmative Action Policies," New York Times, 22 March 1996, p. A8.
88. 88 Kathryn Wexler, "The Fight Over Affirmative Action," Washington Post National Weekly Edition, 11-17 March 1996, p. 33.
89. 89 Steven A. Holmes, "G.O.P. Leaders Sharply Limit Attack on Affirmative Action," New York Times, 13 July 1996, p. 1, 7.
90. 90 Fox Butterfield, "Tough Law on Sentences Is Criticized," New York Times, 8 March 1996, p. A8.
91. 91 William Claiborne, "Three Strikes and You're Out of Wiggle Room," Washington Post National Weekly Edition, 20-26 March 1995, p. 34.
92. 92 Fox Butterfield, "Prison-Building Binge in California Casts a Shadow on Higher Education," New York Times, 12 April 1995, p. A11.
93. 93 William Booth, "Rattling Chains to Make a Point," Washington Post National Weekly Edition, 25-30 December 1995, p. 31.
94. 94 Adam Nossiter, "Making Hard Time Harder, States Cut Jail TV and Sports," New York Times, 17 September 1995, pp. 1, 10.
95. 95 Fox Butterfield, "States Revamping Youth Crime Law," New York Times, 12 May 1996, pp. 1, 12.
96. 96 Timothy Egan, "Oregon's Mail-In Senate Vote Buoys Clinton and Democrats," New York Times, 1 February 1996, pp. A1, A11.
97. 97 "More Voting by Mail," State Legislatures 22 (June 1996): 8.
98. 98 Blame Harden and Anne Swardson, "Rolling the Dice," Washington Post National Weekly Edition, 11-17 March 1996, pp. 6-9.
99. 99 James Sterngold, "Spread of Gambling Prompts Calls for Federal Study of It," New York Times, 24 November 1995, pp. A1, A15.
100. 100 Associated Press, "Senate Gives Final Passage to Legislation on AIDS Care," New York Times, 3 May 1996, p. C19.
101. 101 John Cushman Jr., "Bill Would Give Water Customers Pollution Notice," New York Times, 23 June 1996, pp. 1, 13.
102. 102 Elizabeth Palmer, "GOP Pushes Four Crime Bills Through House," Congressional Quarterly Weekly Report 54 (11 May 1996): 1305.
103. 103 National Organization for Women Action Center, "Legislative Update," 5 April 1996 (Netscape version).
104. 104 Holly Idelson, "Bill Heads to Conference After Senate Passage," Congressional Quarterly Weekly Report 54 (4 May 1996): 1221-1224.
105. 105 James Brooke, "Life Without Speed Limits: No Rush to the Fast Lane," New York Times, 31 December 1995, p. 7.
106. 106 Jerry Gray, "House Approves Ending Federal Speed Limits," New York Times, 19 November 1995, p. 16.
107. 107 Anthony Wilson-Smith, "A House Divided," Maclean's, 108 (November 1995): 14-16.