The state of U.S. Federalism, 2000-2001: Continuity in crisis

Publius: The Journal of Federalism

Volumn 31, Issue 3, 2001, Pages 1-68

  Kincaid, John ^a  

^a NONE

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EID: 0039740340     PISSN: 00485950     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.pubjof.a004899     Document Type: Article

References (214)

1. John Kenneth White, "The Election in Perspective: Two Nations, Four Parties," America's Choice 2000, ed. William Crotty (Boulder, CO: Westview Press, 2001); "Gore Concedes Election to Bush, Pledges to Support President-Elect," CQ Weekly Report 58 (16 December 2000): 2932.
2. John Kenneth White, "The Election in Perspective: Two Nations, Four Parties," America's Choice 2000, ed. William Crotty (Boulder, CO: Westview Press, 2001); "Gore Concedes Election to Bush, Pledges to Support President-Elect," CQ Weekly Report 58 (16 December 2000): 2932.
3. Cited in Gloria Borger, "A diva for Democrats," U.S. News & World Report 130 (23 April 2001): 31.
4. See, for example, Martin P. Wattenberg, The Decline of American Political Parties (Cambridge, MA: Harvard University Press, 1996).
5. Dan Balz, David Von Drehle, Susan Schmidt, and Roberto Suro, "What If?" Washington Post National Weekly Edition, 12-18 February 2001, pp. 6-8.
6. Bush v. Gore, 148 L Ed 2d 388, 531 U.S.___ (2000).
7. Ibid., 420.
8. Ibid., 401.
9. E. J. Dionne, "Scrap This System," Washington Post, 9 November 2000, p. A29.
10. David Tell and William Kristol, "Gore's Spoiled Ballot," Weekly Standard, 20 November 2000, p. 9.
11. "See E. J. Dionne and William Kristol, eds., Bush v. Gore: The Court Cases and the Commentary (Washington, DC: Brookings Institution Press, 2001).
12. Gallup Organization, 2000-2001, online at http://www.Gallup.com.
13. Robert S. Erikson, "The 2000 Presidential Election in Historical Perspective," Political Science Quarterly 116 (Spring 2001): 29-52; Michael Nelson, ed., The Elections of 2000 (Washington, DC: CQ Press, 2000); Gerald Pomper, et al., The Election of 2000 (New York: Chatham House, 2001); Francis Fukuyama, "What Divides America?" Wall Street Journal, 15 November 2000, p. A26.
14. Robert S. Erikson, "The 2000 Presidential Election in Historical Perspective," Political Science Quarterly 116 (Spring 2001): 29-52; Michael Nelson, ed., The Elections of 2000 (Washington, DC: CQ Press, 2000); Gerald Pomper, et al., The Election of 2000 (New York: Chatham House, 2001); Francis Fukuyama, "What Divides America?" Wall Street Journal, 15 November 2000, p. A26.
15. Robert S. Erikson, "The 2000 Presidential Election in Historical Perspective," Political Science Quarterly 116 (Spring 2001): 29-52; Michael Nelson, ed., The Elections of 2000 (Washington, DC: CQ Press, 2000); Gerald Pomper, et al., The Election of 2000 (New York: Chatham House, 2001); Francis Fukuyama, "What Divides America?" Wall Street Journal, 15 November 2000, p. A26.
16. Robert S. Erikson, "The 2000 Presidential Election in Historical Perspective," Political Science Quarterly 116 (Spring 2001): 29-52; Michael Nelson, ed., The Elections of 2000 (Washington, DC: CQ Press, 2000); Gerald Pomper, et al., The Election of 2000 (New York: Chatham House, 2001); Francis Fukuyama, "What Divides America?" Wall Street Journal, 15 November 2000, p. A26.
17. See, for example, Christopher Z. Mooney, "The Decline of Federalism and the Rise of Morality-Policy Conflict in the United States," Publius: The Journal of Federalism 30 (Winter/Spring 2000): 171-188.
18. 410 U.S. 113 (1973).
19. Quoted in "The Supreme Court: Up in the air," The Economist, 1 July 2000, p. 17. See also, Edward Walsh, "High Court, High Profile: Aging justices and close rulings energize partisans on both sides," Washington Post National Weekly Edition, 17 July 2000, p. 10; "Liberals Play Up Election's Impact on Supreme Court," CQ Weekly Report 58 (9 September 2000): 2069-2071; Neil A. Lewis, "Presidential Candidates Differ Sharply on Judges They Would Appoint to Top Courts," New York Times, 8 October 2000, p. 28; Jeffrey Rosen, "The Next Court," New York Times Magazine, 22 October 2000, pp. 74, 76-79.
20. Quoted in "The Supreme Court: Up in the air," The Economist, 1 July 2000, p. 17. See also, Edward Walsh, "High Court, High Profile: Aging justices and close rulings energize partisans on both sides," Washington Post National Weekly Edition, 17 July 2000, p. 10; "Liberals Play Up Election's Impact on Supreme Court," CQ Weekly Report 58 (9 September 2000): 2069-2071; Neil A. Lewis, "Presidential Candidates Differ Sharply on Judges They Would Appoint to Top Courts," New York Times, 8 October 2000, p. 28; Jeffrey Rosen, "The Next Court," New York Times Magazine, 22 October 2000, pp. 74, 76-79.
21. Quoted in "The Supreme Court: Up in the air," The Economist, 1 July 2000, p. 17. See also, Edward Walsh, "High Court, High Profile: Aging justices and close rulings energize partisans on both sides," Washington Post National Weekly Edition, 17 July 2000, p. 10; "Liberals Play Up Election's Impact on Supreme Court," CQ Weekly Report 58 (9 September 2000): 2069-2071; Neil A. Lewis, "Presidential Candidates Differ Sharply on Judges They Would Appoint to Top Courts," New York Times, 8 October 2000, p. 28; Jeffrey Rosen, "The Next Court," New York Times Magazine, 22 October 2000, pp. 74, 76-79.
22. Quoted in "The Supreme Court: Up in the air," The Economist, 1 July 2000, p. 17. See also, Edward Walsh, "High Court, High Profile: Aging justices and close rulings energize partisans on both sides," Washington Post National Weekly Edition, 17 July 2000, p. 10; "Liberals Play Up Election's Impact on Supreme Court," CQ Weekly Report 58 (9 September 2000): 2069-2071; Neil A. Lewis, "Presidential Candidates Differ Sharply on Judges They Would Appoint to Top Courts," New York Times, 8 October 2000, p. 28; Jeffrey Rosen, "The Next Court," New York Times Magazine, 22 October 2000, pp. 74, 76-79.
23. Quoted in "The Supreme Court: Up in the air," The Economist, 1 July 2000, p. 17. See also, Edward Walsh, "High Court, High Profile: Aging justices and close rulings energize partisans on both sides," Washington Post National Weekly Edition, 17 July 2000, p. 10; "Liberals Play Up Election's Impact on Supreme Court," CQ Weekly Report 58 (9 September 2000): 2069-2071; Neil A. Lewis, "Presidential Candidates Differ Sharply on Judges They Would Appoint to Top Courts," New York Times, 8 October 2000, p. 28; Jeffrey Rosen, "The Next Court," New York Times Magazine, 22 October 2000, pp. 74, 76-79.
24. Stenberg v. Carhart, 147 L Ed 2d 743, 530 U.S. ___ (2000).
25. Voter News Service, "Exit Polls," 2000, online at http://www.cnn.com/ELECTION/2000/results/ index.epolls.html.
26. John C. Green, James L. Guth, Lyman A. Kellstedt, and Corwin E. Smidt, "Faith in the Vote: Religiosity and the Presidential Election," Public Perspective 12 (March/April 2001): 34.
27. Bush v. Gore, 397.
28. Quoted in Christopher J. Gearon, "Counting on Reform?" AARP Bulletin 42 (July-August 2001): 12.
29. See Ex Parte Siebold, 100 U.S. 383 (1880); United States v. Classic, 313 U.S. 320 (1941); Foster v. Love, 522 U.S. 69 (1997) for broad judicial interpretations of federal power.
30. Article I, Section 4 states: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such Regulations, except as to the Places of chusing Senators."
31. Christopher S. 'Kit' Bond, "'Motor Voter' Out of Control," Washington Post National Weekly Edition, 2 July 2001, p. 26.
32. Quoted in Associated Press, "States seeking help with election changes," Express-Times (Easton), 10 July 2001, p. A-5.
33. Quoted in John Cochran, "Congress Promises Action Soon To Fund Voting System Upgrades, But Program Details Far from Resolved," CQ Weekly Report 59 (28 July 2001): 1843.
34. Gearon, "Counting on Reform?" 12.
35. John Mintz and Peter Slevin, "The Florida Fiasco," Washington Post National Weekly Edition, 11-17 June 2001, pp. 6-7.
36. Bond, "'Motor Voter' Out of Control," 26.
37. See, for example, Katharine Q. Seelye, "Election Reform, Meet Politics," New York Times, 4 March 2001, Sec. 4, pp. 1, 5.
38. Akhil Reed Amar, "The Electoral College, Unfair from Day One," New York Times, 9 November 2000, p. A23.
39. Jonah Goldberg, "Pure democracy must bow to the democratic process," Express-Times (Easton), 24 November 2000, p. A-11.
40. Nelson, ed., The Elections of 2000, p. 81.
41. Ibid., 84.
42. Donald F. Kettl, "Which One Is Your Pal?" Governing 13 (August 2000): 12.
43. Thomas B. Edsall, "Bush Abandons 'Southern Strategy': Campaign Avoids Use of Polarizing Issues Employed by GOP Since Nixon's Time," Washington Post, 6 August 2000, p. A19; Michael Barone, "Rewriting history: Bush's vision could become the New Deal of the future," U.S. News & World Report 129 (14 August 2000): 24.
44. Thomas B. Edsall, "Bush Abandons 'Southern Strategy': Campaign Avoids Use of Polarizing Issues Employed by GOP Since Nixon's Time," Washington Post, 6 August 2000, p. A19; Michael Barone, "Rewriting history: Bush's vision could become the New Deal of the future," U.S. News & World Report 129 (14 August 2000): 24.
45. See, for example, David Frum, "Back to the 1880s," Weekly Standard 6 (4 December 2000): 12-14.
46. Quoted in Adriel Bettelheim, "State of the Presidency: What Bush Inherits," CQ Weekly Report 59 (20 January 2001): 165.
47. U.S. Congressional Budget Office, An Analysis of the President's Budget Proposals for Fiscal Year 1999 (Washington, DC: U.S. Government Printing Office, 1998).
48. Paul Teske and Andrey Kuljiev, "Federalism, Preemption, and Implementation of the 1996 Telecommunications Act," Publius: The Journal of Federalism 30 (Winter/Spring 2000): 53-67.
49. Richard P. Nathan, "The Devolution Revolution: An Overview," Rockefeller Institute Bullettin 1996 (1996): 5-13.
50. Robert Pear, "40 States Forfeit Health Care Funds for Poor Children," New York Times, 24 September 2000, pp. 1 and 26.
51. Rebecca Adams, "Many States Failing to Insure Children," CQ Weekly Report 59 (12 August 2000): 1960.
52. Jonathan Walters, "CHIP on Their Shoulders," Governing 14 (November 2000): 12.
53. Jeff Glasser, "A new war over the nation's dirty water: EPA finds foes as it targets farms and sprawl," U.S. News & World Report 129 (17 July 2000): 27.
54. Nebraska's legislature is unicameral and nonpartisan.
55. Bill Bradley, "More Than a Money Man," Washington Post National Weekly Edition, 29 January 2001, p. 26.
56. Paul C. Light, "Fed Bashing Out of Style," Government Executive (September 2000): 100. See also Paul C. Light, "Requiem for Reinvention," Government Executive (February 2001): 82.
57. Paul C. Light, "Fed Bashing Out of Style," Government Executive (September 2000): 100. See also Paul C. Light, "Requiem for Reinvention," Government Executive (February 2001): 82.
58. Executive Memo, "Rego Rut," Government Executive (February 2001): 12.
59. H. George Fredrickson, "Lessons from Government Reform," PA Times 23 (July 2000): 8. See also Paul C. Light, The True Size of Government (Washington, DC: Brookings Institution Press, 1999).
60. H. George Fredrickson, "Lessons from Government Reform," PA Times 23 (July 2000): 8. See also Paul C. Light, The True Size of Government (Washington, DC: Brookings Institution Press, 1999).
61. Michael E. Kraft and Denise Scheberle, "Environmental Federalism at Decade's End: New Approaches and Strategies," Publius: The Journal of Federalism 28 (Winter 1998): 131-146.
62. Bruce D. McDowell, "Advisory Commission on Intergovernmental Relations in 1996: The End of an Era," Publius: The Journal of Federalism 27 (Spring 1997): 111-127. See also, David Brunori, "Advice to the New Congress-Bring Back the ACIR," State Tax Notes 20 (15 January 2001): 189-191; John Kincaid, "Reviving the ACIR Would Be Wonderful-But It's Unlikely," State Tax Notes 20 (29 January 2001): 335.
63. Bruce D. McDowell, "Advisory Commission on Intergovernmental Relations in 1996: The End of an Era," Publius: The Journal of Federalism 27 (Spring 1997): 111-127. See also, David Brunori, "Advice to the New Congress-Bring Back the ACIR," State Tax Notes 20 (15 January 2001): 189-191; John Kincaid, "Reviving the ACIR Would Be Wonderful-But It's Unlikely," State Tax Notes 20 (29 January 2001): 335.
64. Bruce D. McDowell, "Advisory Commission on Intergovernmental Relations in 1996: The End of an Era," Publius: The Journal of Federalism 27 (Spring 1997): 111-127. See also, David Brunori, "Advice to the New Congress-Bring Back the ACIR," State Tax Notes 20 (15 January 2001): 189-191; John Kincaid, "Reviving the ACIR Would Be Wonderful-But It's Unlikely," State Tax Notes 20 (29 January 2001): 335.
65. Jeff Glasser, "The case of the missing cops: The plan for 100,000 patrolmen is flat-footed," U.S. News & World Report 129 (17 July 2000): 22-23.
66. Gareth Davis, David B. Muhlhausen, Dexter Ingram, and Ralph Rector, The Facts About COPS: A Performance Overview of the Community Oriented Policing Services Program (Washington, DC: The Heritage Foundation, 25 September 2000), p. 3.
67. Mary Guiden, "Medicaid needs surgery," State Government News 44 (April 2001): 25. See also, Saundra K. Schneider, "Medicaid Section 1115 Waivers: Shifting Health Care Reform to the States," Publius: The Journal of Federalism 27 (Spring 1997): 89-109.
68. Mary Guiden, "Medicaid needs surgery," State Government News 44 (April 2001): 25. See also, Saundra K. Schneider, "Medicaid Section 1115 Waivers: Shifting Health Care Reform to the States," Publius: The Journal of Federalism 27 (Spring 1997): 89-109.
69. See also, Richard L. Cole, Rodney V. Hissong, and Enid Arvidson, "Devolution: Where's the Revolution?" Publius: The Journal of Federalism 29 (Fall 1999): 99-112.
70. Robert Rector, "The Case for 'Strings Attached' Welfare Reform," Madison Review 1 (Spring 1996): 14.
71. John Kincaid, "De Facto Devolution and Urban Defunding: The Priority of Persons Over Places," Journal of Urban Affairs 21 (Summer 1999): 144.
72. Paul Posner, "Unfunded Mandates Reform Act: 1996 and Beyond," Publius: The Journal of Federalism 27 (Spring 1997): 53-71.
73. See, for example, Sara Brazeal and Jeffrey Finkle, "Legislation opens new doors for economic revival," American City & County 116 (April 2001): 38-42.
74. Sarah F. Liebschutz, "Empowerment Zones and Enterprise Communities: Reinventing Federalism for Distressed Communities," Publius: The Journal of Federalism 25 (Summer 1995): 117-132.
75. During initial debate over Bush's budget, the liberal Center on Budget and Policy Priorities argued that if one subtracted defense spending and accounted for inflation and population growth, the 4 percent increase was actually a 4.7 percent decrease. The New York Times credited Bush with a 5.7 percent increase, while the Republican-controlled House Appropriations Committee concluded that Bush's budget represented a 2.5 percent increase. See Dana Milbank, "The Budget Numbers Racket," Washington Post National Weekly Edition, 16-22 April 2001, p. 13.
76. Robin Toner, "Cutting a Rightward Path," New York Times, 4 March 2001, Sec. 4, p. 1.
77. Richard Aronson and Vincent Munley, "Wealth-Transfer Taxes in U.S. Fiscal Federalism: A Levy Still in Need of Reform," Publius: The Journal of Federalism 31 (Summer 2001): 151-172.
78. For a related case, see Philip J. Grossman, "Fiscal Competition Among States in Australia: The Demise of Death Duties," Publius: The Journal of Federalism 20 (Fall 1990): 145-160.
79. David C. Powell, "Internet Taxation and U.S. Intergovernmental Relations," Publius: The Journal of Federalism 30 (Winter/Spring 2000): 39-51.
80. Anon, "From the states," The Federalist, 17 August 2001, internet version.
81. Quoted in Stephen Norton, "Too Close to Call: State/Federal Relations," State Legislatures 27 (February 2001): 29.
82. See http://www.nga.org/nga/salestax/.
83. Adam D. Thierer, "The NGA's Misguided Plan to Tax the Internet and Create a New National Sales Tax," The Heritage Foundation Backgrounder, No. 1343 (4 February 2000).
84. David Streitfeld, "Where There's Smoke, There's Fire: Internet tobacco sales ignite a debate over taxes," Washington Post National Weekly Edition, 4 September 2000, p. 20.
85. Associated Press, "Libraries confused about compliance," Express-Times (Easton), 21 April 2001, p. B-3.
86. Jonathan Koppell, "The Internet May Consolidate Political Power, Not Erode It," Public Affairs Report 41 (March 2000): 8-9.
87. Some 36 states permit charter schools; 33 states have open-enrollment laws; and 18 states mandate that students be able to enroll in schools outside of their home district.
88. Education Commission of the States, Building on Progress: How Ready Are States to Implement President Bush's Education Plan? A Status Report (Denver, CO: ECS, 2001).
89. Tom Brazaitis, "Education reform bill delivers much less than promised," Express-Times (Easton), 2 July 2001, p. A-7.
90. Quoted in David Broder, "Critics should look beyond the vouchers," Express-Times (Easton), 29 January 2001, p. A-5.
91. Richard Morin, "Moving to the Right: A new generation of African Americans holds conservative values," Washington Post National Weekly Edition, 25 June 2001, p. 34.
92. See also, John Kincaid, "Is Education Too Intergovernmental?" Intergovernmental Perspective 18 (Winter 1992): 28-34.
93. Quoted in Norman Ornstein and John Portier, "Bush and Gore: The States' Stake in November," State Legislature 26 (September 2000): 15.
94. Carol Kocheisen, "EPA Proposes New Rules for Sanitary Sewer Overflows," Nation's Cities Weekly 24 (15 January 2001): 2.
95. Laura Tangley, "To burn, or not to burn: Western fires reignite Smokey Bear debate," U.S. News & World Report 129 (21 August 2000): 54.
96. By early 2001, Arizona, California, Georgia, Illinois, Maine, Oklahoma Texas and Washington had enacted patients' bills of rights in various forms.
97. Robert Pear, "Bush Set to Back State Laws to Extend H.M.O. Patients' Rights," New York Times, 14 January 2001, p. 20.
98. Robert Pear,"States Ask Bush to Revoke Clinton's Medicaid Rules." New York Times, 25 February 2001, p. 17.
99. Calling the Shots (Washington, DC: National Academy Press, 2000).
100. For background, see Susan Gluck Mezey, Pitiful Plaintiffs: Child Welfare Litigation and the Federal Courts (Pittsburgh, PA: University of Pittsburgh Press, 2000).
101. United States v. Morrison, 529 U.S. 598 (2000).
102. Chitra Ragavan, "Federally speaking, a fine kettle of fish: A new law is tying prosecutors in knots," U.S. News & World Report 129 (16 October 2000): 32.
103. Quoted in Associated Press, "Agent may face trial for Ruby Ridge," Express-Times (Easton), 6 June 2001, p. A-3.
104. Karen Ann Coburn, "Rehearsal for Terror," Governing 12 (February 1998): 22.
105. Ibid.
106. Trina R. Hembree, "Terrorism Comes to America," State Government News 43 (August 2000): 29.
107. See, for example, U.S. General Accounting Office, Combating Terrorism: Federal Response Teams Provide Varied Capabilities; Opportunities Remain to Improve Coordination (Washington, DC: GAO, November 2000).
108. 521 U.S. 507 (1997).
109. Quoted in Anon, "Church Expansion Protected by New Federal Law," The Insider 8 (October 2000): 24.
110. Quoted in Juan Otero, "Religious Liberty Act Becomes Law: Local Zoning Already Under Fire," Nation's Cities Weekly, 2 October 2000, p. 2.
111. Ann O'M. Bowman and Richard C. Kearney, The Resurgence of the States (Englewood Cliffs, NJ: Prentice-Hall, 1996).
112. Clint Bolick, Grassroots Tyranny (Washington, DC: Cato Institute, 1993).
113. Knight Ridder, "Congress cracks down on drunken driving," Express-Times (Easton), 7 October 2000, p. A-3.
114. Quoted in Froma Harrop, "Lower limit won't stop drunken driving." Express-Times (Easton), 10 October 2000, p. A-9.
115. Ibid.
116. Quoted in Anon, "But How Would Rousseau Feel?" The New Republic 225 (13 August 2001): 9.
117. Julie Hirschfeld Davis with Suzanne Dougherty, "Spilled Milk in Vermont," CQ Weekly Report 59 (25 May 2001): 1247.
118. Jonathan Chait, "Spilled Milk: Jeffords, dairy socialist," The New Republic 224 (11 June 2001): 23.
119. Ibid. See also, Bill Cahir, "U.S. Senate shouldn't cry over spilt milk," Express-Times (Easton), 12 June 2001, p. A-8.
120. Ibid. See also, Bill Cahir, "U.S. Senate shouldn't cry over spilt milk," Express-Times (Easton), 12 June 2001, p. A-8.
121. For background, see Sanford F. Schram and Samuel H. Beer, eds., "Welfare Reform in the United States: A Race to the Bottom?" Publius: The Journal of Federalism 28 (Summer 1998): entire issue.
122. For an interim assessment, see Jack Tweedie, "From D.C. to Little Rock: Welfare Reform at Mid-Term," Publius: The Journal of Federalism 30 (Winter/Spring 2000): 69-97.
123. David Nather, "The Medicaid-Welfare Trap," CQ Weekly Report 58 (9 September 2000): 2066-2068.
124. Frank J. Thompson and Thomas L. Gais, "Federalism and the Safety Net: Delinkage and Participation Rates," Publius: The Journal of Federalism 30 (Winter/Spring 2000): 119-142.
125. See, for example, Kincaid, "De Facto Devolution and Urban Defunding," 135-167.
126. Richard Norton Smith, "Rockefeller Republicans, in All but Name," New York Times, 16 July 2000, Sec. 4, p. 15
127. Quoted in David Broder, "Governors still possess clout," Express-Times (Easton), 5 March 2001, p. A-7.
128. Jeffrey H. Birnbaum, "Fat & Happy in D.C.," Fortune 143 (28 May 2001): 95.
129. Thomas B. Edsall, "The Force Is Within Them," Washington Post National Weekly Edition, 23-29 April 2001, p. 14.
130. Glenn Kessler, "A Fork in the Road: The prospect of big surpluses turns this year's election into a referendum on the federal role," Washington Post National Weekly Edition, 9 October 2000, p. 11.
131. Newt Gmgrich, To Renew America (New York: Harper/Collins, 1995), p. 105.
132. David Morris, "A Devolution Test for George W. Bush," New Rules (Spring 2001): 1. See also Jonathan Walters, "'Save Us From the States,'" Governing 14 (June 2001): 20-27.
133. David Morris, "A Devolution Test for George W. Bush," New Rules (Spring 2001): 1. See also Jonathan Walters, "'Save Us From the States,'" Governing 14 (June 2001): 20-27.
134. Ellen Perlman, "The Imperial USPS: When it's time to build a new post office, towns often have little input," Governing 14 (February 2001): 18.
135. Quoted in Dana Milbank, "Fixing Families Is a Priority," Washington Post National Weekly Edition, 23-29 April 2001, p. 11.
136. Pat Towell and the CQ Weekly Staff, "Finessing the Early Months," CQ Weekly Report 58 (16 December 2000): 2847.
137. Quoted in Robert Pear, "Shifting of Power from Washington is Seen Under Bush," New York Times, 7 January 2001, p. 1.
138. Richard L. Cole, Personal Communication to Author, 2 February 2001; Kincaid, "Reviving the ACIR Would Be Wonderful-But It's Unlikely."
139. Richard L. Cole, Personal Communication to Author, 2 February 2001; Kincaid, "Reviving the ACIR Would Be Wonderful-But It's Unlikely."
140. See, for example, U.S. General Accounting Office, Regulatory Flexibility Act: Key Terms Still Need to be Clarified (Washington, DC: U.S. Government Printing Office, 24 April 2001).
141. See, for example, Lawrence S. Luton, The Politics of Garbage: A Community Perspective on Solid Waste Policy Making (Pittsburgh, PA: University of Pittsburgh Press, 1996); Helen Ingram and Stephen R. Smith, eds., Public Policy for Democracy (Washington, DC: Brookings Institution, 1993).
142. See, for example, Lawrence S. Luton, The Politics of Garbage: A Community Perspective on Solid Waste Policy Making (Pittsburgh, PA: University of Pittsburgh Press, 1996); Helen Ingram and Stephen R. Smith, eds., Public Policy for Democracy (Washington, DC: Brookings Institution, 1993).
143. J. M. Baland and J. P. Platteau, Halting Degradation of Natural Resources: Is There a Role for Rural Communities? (Oxford: Clarendon Press, 1996); Paul C. Light, Thickening Government: Federal Hierarchy and the Diffusion of Accountability (Washington, DC: Brookings Institution, 1995).
144. J. M. Baland and J. P. Platteau, Halting Degradation of Natural Resources: Is There a Role for Rural Communities? (Oxford: Clarendon Press, 1996); Paul C. Light, Thickening Government: Federal Hierarchy and the Diffusion of Accountability (Washington, DC: Brookings Institution, 1995).
145. Debra J. Davidson, "Federal Policy in Local Context: The Influence of Local State-Societal Relations on Endangered Species Act Implementation," Policy Studies Review 18 (Spring 2001): 213-240.
146. Ruben Barrales, "Federalism in the Bush Administration," Spectrum: The Journal of State Government 74 (Summer 2001): 6.
147. Stephen Moore and Stephen Slivinski, Fiscal Policy Report Cardon America's Governor's: 2000, No. 391 (Washington, DC: Cato Institute, 12 February 2001), p. 4.
148. Ibid., 2.
149. Kirstin Downey Grimsley, "Where Congress Fears to Tread: State lawmakers are taking the initiative in settling employment and workplace policy," Washington Post National Weekly Edition, 21 August 2000, p. 18.
150. Bills were pending in nine other states. L. Cheryl Runyon, "Religious Land Use-State and Federal Legislation," Legisbrief 9:14 (March 2001): 2.
151. Brian Levy, "State Inspections Revive Local Markets," The New Rules (Spring 2001): 19.
152. Ibid., 21.
153. See http://www.hr.doc.gov.electric/summary.html/, 5 January 2000.
154. David Berry, "Local Impact of Electric Industry Restructuring," Public Management 81 (July/August): 19.
155. Margaret Kriz, "Power Brokers," National Journal (30 November 1996): 2597.
156. Anon, "Policy Resolutions Include Energy Roadmap," Western Governors' Report (September 2001): 4.
157. Senior citizens are the principal target because while they make up 12 percent of the U.S. population, they consume about 37 percent of prescribed drugs, and Medicare does not cover prescription drugs.
158. New York Ice Co. v. Liebman, 285 U.S. 262 (1932); G. Alan Tarr, "Laboratories of Democracy? Brandeis, Federalism, and Scientific Management," Publius: The Journal of Federalism 31 (Winter 2001): 37-46.
159. Joseph F. Zimmerman, "Interstate Cooperation: The Roles of the State Attorneys General," Publius: The Journal of Federalism 28 (Winter 1998): 71-89.
160. David W. Winder and James T. LaPlant, "State Lawsuits against 'Big Tobacco': A Test of Diffusion Theory," State and Local Government Review 32 (Spring 2000): 139.
161. "Saved by Smokers," The Economist 361 (24 November 2001): 33.
162. Cornell W. Clayton, "Law, Politics and the New Federalism: State Attorneys General as National Policymakers," Review of Politics 56 (Fall 1994): 525-553.
163. Martha Derthick, "Federalism and the Politics of Tobacco," Publius: The Journal of Federalism 31 (Winter 2001): 47-63.
164. 145 121 S. Ct. 955 (2001).
165. 146 121 S. Ct. 1511 (2001).
166. Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).
167. See Dan Schweitzer, "Federal Regulation of States and the Rehnquist Court: Continuing the 'Mend It, Don't End It' Approach in the 2000 Term," National Environmental Enforcement Journal 16 (June 2001): 3-8, and 16 (July 2001): 3-11; Timothy J. Conlan and Francois Vergniolle de Chantal, "The Rehnquist Court and Contemporary American Federalism," Political Science Quarterly 116 (Summer 2001): 253-275.
168. See Dan Schweitzer, "Federal Regulation of States and the Rehnquist Court: Continuing the 'Mend It, Don't End It' Approach in the 2000 Term," National Environmental Enforcement Journal 16 (June 2001): 3-8, and 16 (July 2001): 3-11; Timothy J. Conlan and Francois Vergniolle de Chantal, "The Rehnquist Court and Contemporary American Federalism," Political Science Quarterly 116 (Summer 2001): 253-275.
169. See Dan Schweitzer, "Federal Regulation of States and the Rehnquist Court: Continuing the 'Mend It, Don't End It' Approach in the 2000 Term," National Environmental Enforcement Journal 16 (June 2001): 3-8, and 16 (July 2001): 3-11; Timothy J. Conlan and Francois Vergniolle de Chantal, "The Rehnquist Court and Contemporary American Federalism," Political Science Quarterly 116 (Summer 2001): 253-275.
170. Quoted in E. J. Dionne, "The tables are turning at high court," Express-Times (Easton), 14 July 2000, pp. A-8 - A-9. See also Edward Walsh, "'Judicial Supremacy' at the High Court," Washington Post National Weekly Edition, 10 July 2000, pp. 30-31.
171. Quoted in E. J. Dionne, "The tables are turning at high court," Express-Times (Easton), 14 July 2000, pp. A-8 - A-9. See also Edward Walsh, "'Judicial Supremacy' at the High Court," Washington Post National Weekly Edition, 10 July 2000, pp. 30-31.
172. Deborah Jones Merritt, "The Guarantee Clause and State Autonomy: Federalism for a Third Century," Columbia Law Review 88 (Winter 1988): 1-97.
173. 151 501 U.S. 452 (1991).
174. Ibid., 459.
175. Jeffrey Rosen, "A Majority of One," New York Times Magazine (3 June 2001): 32-37, 64, 73.
176. 505U.S. 144 (1992).
177. 521 U.S. 898 (1997).
178. Reno v. Condon, 528 U.S. 141, 151 (2000).
179. United States v. Lopez, 514 U.S. 549 (1995).
180. 529 U.S. 598 (2000).
181. 531 U.S. 159 (2001).
182. 517 U.S. 44 (1996).
183. 527 U.S. 706 (1999).
184. Ibid. 719.
185. Board of Trustees of the University of Alabama v. Garrett, 121 S. Ct. 955, 969 (2001).
186. Quoted in Elizabeth Palmer, "One Section of Disability Law Struck Down," CQ Weekly Report 59 (24 February 2001): 42.
187. 121 S. Ct. 1521 (2001)
188. 121 U.S. 507 (1997).
189. 527 U.S. 627 (1999).
190. Kimel v. Florida Board of Regents, 528 U.S. 62 (2000).
191. 501 U.S. 452 (1991).
192. 473 U.S. 234 (1985).
193. 491 U.S. 58 (1989).
194. 112 S. Ct. 1360 (1992).
195. Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 7 (1980).
196. New York Ice Co. v. Liebman, 311 (1932).
197. 117 S. Ct. 2293 (1997).
198. 117 S. Ct. 2258 (1997).
199. John Kincaid, "State Court Protections of Individual Rights Under State Constitutions: The New Judicial Federalism, "Journal of State Government 61 (September/October 1988): 163-169.
200. 459 U.S. 904 (1983).
201. Crystal M. Ferguson v. City of Charleston, 532 U.S ___, 149 L Ed 2d 205 (2001).
202. City of Indianapolis v. Edmond, 531 U.S. ___, 148 L Ed 2d 333 (2000).
203. Good News Club v. Milford Central School, 533 U.S. ___, 150 L Ed 2d 151 (2001).
204. Danny Lee Kyllo v. United States, 533 U.S. ___, 150 L Ed 2d 94 (2001).
205. United States v. Oakland Connabis Buyers' Cooperative and Jeffrey Jones, 532 U.S. ___, 149 L Ed 2d 722 (2001).
206. Associated Press, "States ignoring marijuana ruling," Express-Times (Easton), 14 June 2001, p. A-3.
207. Cook v. Gralike, U.S. ___, 146 L Ed 2d 479, 120 S Ct 1669 (2001).
208. Legal Services Cooperation v. Velazquez, U.S. ___, 146 L Ed Sd 459 (2001).
209. Corey Ditslear and Lawrence Baum, "Selection of Law Clerks and Polarization in the U.S. Supreme Court," Journal of Politics 63 (August 2001): 869-885.
210. David Easton, The Political System (New York: Alfred A. Knopf, 1953), p. 129.
211. John Kincaid "Values and Value Tradeoffs in Federalism," Publius: The Journal of Federalism 25 (Winter 1995): 29-44.
212. John Kincaid, "From Cooperation to Coercion in American Federalism: Housing, Fragmentation and Preemption. 1780-1992," The Journal of Law & Politics 9 (Winter 1993): 333-430; U.S. Advisory Commission on Intergovernmental Relations, Regulatory Federalism: Policy, Process, Impact, and Reform (Washington DC: ACIR,1984); U.S. Advisory Commission on Intergovernmental Relations, Federal Statutory Preemption of State and Local Authority: History, Inventory, and Issues (Washington, DC: ACIR, 1992).
213. John Kincaid, "From Cooperation to Coercion in American Federalism: Housing, Fragmentation and Preemption. 1780-1992," The Journal of Law & Politics 9 (Winter 1993): 333-430; U.S. Advisory Commission on Intergovernmental Relations, Regulatory Federalism: Policy, Process, Impact, and Reform (Washington DC: ACIR,1984); U.S. Advisory Commission on Intergovernmental Relations, Federal Statutory Preemption of State and Local Authority: History, Inventory, and Issues (Washington, DC: ACIR, 1992).
214. John Kincaid, "From Cooperation to Coercion in American Federalism: Housing, Fragmentation and Preemption. 1780-1992," The Journal of Law & Politics 9 (Winter 1993): 333-430; U.S. Advisory Commission on Intergovernmental Relations, Regulatory Federalism: Policy, Process, Impact, and Reform (Washington DC: ACIR,1984); U.S. Advisory Commission on Intergovernmental Relations, Federal Statutory Preemption of State and Local Authority: History, Inventory, and Issues (Washington, DC: ACIR, 1992).