The state of American federalism, 2003-2004: Polarized politics and federalist principles

Publius: The Journal of Federalism

Volumn 34, Issue 3, 2004, Pages 1-53

  Krane, Dale ^a  

^a UNIVERSITY OF NEBRASKA AT OMAHA   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 22744444563     PISSN: 00485950     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.pubjof.a005032     Document Type: Review

References (274)

1. Daniel J. Elazar, Exploring Federalism (Tuscaloosa, AL: University of Alabama Press, 1987), p. 21.
2. Ibid., 70.
3. Ronald L. Watts, Comparing Federal Systems, 2nd ed. (Montreal: McGill-Queen's University Press, 1999), p. 16.
4. William H. Riker, Federalism: Origin, Operation, Significance (Boston: Little, Brown, 1964).
5. David S. Broder and Dan Balz, "Nation Again Split on Bush: As 2004 Nears, President's Policies on Iraq, Economy Divide Voters," Washington Post, 2 November 2003 (Netscape version).
6. Eleanor Clift, "Using Catholicism," MSNBC News, 11 August 2003 (Netscape version).
7. Susan Page, "Convergence of factors raises costs of Iraq war," USA Today, 13 May 2004 (Netscape version).
8. Ron Nordland and Michael Hirsh, "The $87 Billion Money Pit," Newsweek, 31 October 2003 (Netscape version).
9. John Barry and Mark Hosenball, "What Went Wrong?" Newsweek, 8 February 2004, pp. 24-31.
10. Evan Thomas, "The Vietnam Question," Newsweek, 19 April 2004, pp. 28-35.
11. David E. Sanger, "Making a Case for a Mission," New York Times, 14 April 2004 (Netscape version).
12. E.J. Dionne, Jr., "Republicans are wrong in saying the Democrats took a hard left," Omaha World-Herald 25 September 2003 (Netscape version).
13. Helen Dewar, "Democrats Forced to Work on Margins," Washington Post, 22 December 2003 (Netscape version).
14. Pat Wingert, "Bonds of Steel," Newsweek, 5 April 2004, pg. 31;
15. Sheryl Gay Stolberg, "9/11 Widows Skillfully Applied the Power of a Question: Why?" New York Times, 1 April 2004 (Netscape version).
16. Evan Thomas, Michael Isikoff, and Tamara Lipper, "The Insider," Newsweek, 5 April 2004, p. 22-29.
17. National Commission on Terrorist Attacks Upon the United States, Statement of Dr. Condoleezza Rice, 8 April 2004, p. 2.
18. Douglas Jehl and David E. Sanger, "Pre-9/11 Secret Briefing Said That Al Qaeda Was Active in U.S.," New York Times, 11 April 2004 (Netscape version);
19. The White House, "Bin Laden Determined to Strike in U.S.," Presidential Daily Briefing (6 August 2001).
20. Philip Shenon and David E. Sanger, "Bush and Cheney Tell 9/11 Panel of 2001 Warnings," New York Times, 30 April 2004 (Netscape version).
21. National Commission on Terrorist Attacks Upon the United States, The 9/11 Commission Report: Executive Summary (Washington, DC: 22 July 2004).
22. Dan Eggen, "9/11 Panel Finds No Collaboration Between Iraq, Al Qaeda: Findings Contradict Comments by Cheney, Bush," Washington Post 16 June 2004 (Netscape version).
23. Howard Fineman and Tamara Lipper, "Smile To Go," Newsweek 1 March 2004, pp. 24-29;
24. Howard Fineman, "Back to The Front," Newsweek, 2 February 2004, pp. 20-25.
25. Pew Research Center, as quoted in "Bush job ratings in poll drops to a new low," Omaha World-Herald, 7 April 2004 (Netscape version).
26. Elisabeth Bumiller, "Bush Glad to Be in the Campaign Fray and Not Above It," New York Times, 18 March 2004 (Netscape version).
27. The Associated Press, "Massachusetts Court: State Wrong to Ban Gay Marriage," Washington Post, 18 November 2003 (Netscape version).
28. Pam Belluck, "Massachusetts Gives New Push to Gay Marriage in Strong Ruling," New York Times 5 February 2004 (Netscape version).
29. Dean E. Murphy, "San Francisco Mayor Exults in Move on Gay Marriage," New York Times, 19 February 2004 (Netscape version);
30. Pam Belluck, "Town Set to Defy Governor on Same-Sex Marriage Issue," New York Times, 11 May 2004 (Netscape version).
31. U.S. Department of Commerce, Bureau of Economic Accounts, Table 1.15 Gross Domestic Product; Table 1.12 National Income by Type of Income; Table 1.16D Corporate Profils by Industry.
32. The White House, Ask the White House, 31 October 2004 (www.whitehouse.gov/ask).
33. The White House, Economy Shows 12 Straight Months of Job Gains, 3 September 2004 (www.whitehouse.gov/news/releases).
34. Tim Jones, "The Working Poor," Chicago Tribune, 25 April 2004 (Netscape version).
35. Business Week Online, "Working... And Poor," 21 May 2004 (www.businessweek.com).
36. I b i d.
37. Jonathan Weisman, "Across America, War Means Jobs: Defense Spending Pumps New Life Into Small or Dying Towns," Washington Post, 11 May 2004 (Netscape version).
38. Bureau of Labor Studies, Economic Reports to the President, 2002, 2003, and 2004
39. as depicted in Paul Krugman, "Promises, Promises," New York Times, 9 March 2004 (Netscape version).
40. Dan Roberst and Edward Luce, "As Service Industries Go Global More White Collar Jobs Follow," FT.com, 19 August 2003 (Netscape version).
41. Associated Press, "Job losses push states to considering outsourcing bans," Chicago Tribune, 20 January 2004 (Netscape version).
42. Dan McGinn, "Help Not Wanted," Newsweek, 1 March 2004, pp. 31-33.
43. Business Week Online, 21 May 2004.
44. U.S. Department of Homeland Security, Remarks by Secretary of Homeland Security Tom Ridge at the National Association of Counties Annual Legislative Conference, Washington, DC: 1 March 2004.
45. I b i d.
46. I b i d.
47. Dale Krane, "The State of Federalism, 2001-2002: Resilience in Response to Crisis," Publius: The Journal of Federalism, 32 (Fall 2002): 1-28;
48. Dale Krane and Deil S. Wright, "Intergovernmental Relations," Defining Public Administration, ed. Jay M. Shafritz (Boulder, CO: Westview Press, 2000), pp. 83-101.
49. John Mintz, "Government's Hobbled Giant: Homeland Security Is Struggling," Washington Post, 7 September 2003 (Netscape version).
50. "Security State at the Border," Business Week Online, 25 May 2004.
51. U.S. General Accountability Office, Federal Leadership and Intergovernmental Cooperation Required to Achieve First Responder Interoperable Communications (Washington, DC: GAO-04-740, July 2004).
52. Eric Lichtblau, "Report Questions the Value of Color-Coded Warnings," New York Times, 13 July 2004 (Netscape version).
53. I b i d.
54. Philip Shenon, "Counterterror Aid Is Tied Up by the States, Mayors Assert," New York Times, 18 September 2003 (Netscape version).
55. I b i d.
56. Mimi Hall, "Homeland security money doesn't match terror threat," USA Today, 30 October 2003 (Netscape version).
57. Edward Wyatt, "As New York Fumes, Wyoming Says It, Too, Needs Antiterror Funds," New York Times, 1 June 2004 (Netscape version).
58. HaIl, "Homeland security money doe not match terror threat."
59. U.S. Department of Homeland Security, A Report from the Task Force on State and Local Homeland Security Funding (Washington, DC: 17 June 2004), pp. 2-3.
60. Ibid., 3-4.
61. U.S. Department of Health and Human Services, HHS Awards $849 Million to Improve Public Health Preparedness, CDC Press Office (17 June 2004).
62. Ceci Connolly, "Lieberman Decries Gap in Bioterror Preparedness," Washington Post, 8 May 2004 (Netscape version).
63. I b i d.
64. Paul Posner, "Speaker's Remarks," The Role of "Home" in Homeland Security - The Federalism Challenge: The Challenge for State and Local Government (Albany, NY: Rockefeller Institute of Government, 24 March 2003, Symposium series no. 2), pp. 16-30.
65. Richard L. Cole and John Kincaid, "Issues of Federalism in Response to Terrorism," Public Administration Review 62 (Special Issue, 2002): 181-192;
66. Donald F. Kettl, System Under Stress: Homeland Security and American Politics (Washington, DC: CQ Press, 2004).
67. Dan Eggen, "Ashcroft Defends Anti-Terrorism Law," Washington Post, 20 August 2003 (Netscape version).
68. I b i d.
69. Richard W. Stevenson and Eric Lichtblau, "As Ashcroft Warns of Attack, Some Question Threat and Its Timing," New York Times, 27 May 2004 (Netscape version).
70. John Mintz and Mike Allen, "Homeland Security, a Politicized Issue: To Suspicious Candidates, the Threat of Attack Is No Longer Above the Fray," Washington Post, 27 June 2004 (Netscape version).
71. Anon, "Bush Prevails as House refuses to curb Patriot Act," USA Today, 9 July 2004 (Netscape version).
72. Dan Eggen, "Justice Dept. Report Details Use of Patriot Act: Document Offered in Bid to Gain Support on Hill," Washington Post, 14 July 2004 (Netscape version).
73. The 9/11 Report, Executive Summary, p. 15.
74. Isaac Shapiro and Nicholas Johnson, Total Revenues From All Levels of Government Drop To Lowest Share of Economy Since 1968: Government Spending at Lower Share of GDP Than in All Years from 1980-1996 (Washington, DC: Center on Budget and Policy Priorities, 15 January 2004)
75. Jonathan Weisman, "Tax Revenue at 44-Year Low in Proportion to U.S. Economy," Washington Post, 11 October 2003, p. A12.
76. Congressional Budget Office, Department of Commerce and Bureau of Economic Analysis, as quoted in Jake Thompson, "Deficits darken budget picture," Omaha World-Herald, 30 September 2004 (Netscape version).
77. David Firestone, "Dizzying Dive to Red Ink Poses Stark Choices for Washington," New York Times, 14 September 2003 (Netscape version).
78. Elizabeth Becker and Edmund L. Andrews, "IMF Says Rise in U.S. Debts Is Threat to World's Economy," New York Times, 8 January 2004, p. A1.
79. Wiseman, October 2003.
80. America's deficits: A flood of red ink," The Economist, 10 November 2003 (Netscape version).
81. As quoted in Bloomberg News, "Congress is spending 'like a drunken sailor,' says McCain," Omaha World-Herald, 1 December 2003 (Netscape version).
82. Louis Uchitelle, "As Stimulus, Tax Cuts May Soon Go Away," New York Times, 20 November 2003 (Netscape version).
83. Richard A. Oppel, Jr., "In Rebuff to Bush, Senate Raises Bar for New Tax Cuts," New York Times, 11 March 2004 (Netscape version).
84. Richard A. Oppel, Jr., "Bush Plans for Tax Cuts Barely Avert House Setback," New York Times, 31 March 2004 (Netscape version).
85. I b i d.
86. Edmund L. Andrews, "Mutiny by Republicans over Bush's Tax Cutting Forces Delay on the Budget Vote," New York Times, 21 May 2004 (Netscape version).
87. Jeffrey H. Birnbaum and Alan S. Murray, Showdown at Gucci Gulch: Lawmakers, Lobbyists, And The Unlikely Triumph of Tax Reform (New York: Random House, 1987).
88. Edmund Andrews, "Tax Breaks for Business Are Approved in the Senate," New York Times, 12 May 2004 (Netscape version).
89. Marc Kaufman, "Tobacco States Fume Over Bush Remarks: President Says He Opposes a Buyout for Growers, Angering Some From His Party," Washington Post, 16 May 2004 (Netscape version).
90. National Governors' Association, Governors Oppose House BAT Bill, Issue Brief (18 May 2004).
91. Jonathan Weisman, "Budget Impasse Reflects GOP Schism: Tax Cutters in Standoff with Advocates of Fiscal Restraint," Washington Post, 30 June 2003 (Netscape version).
92. Bill Bruhaker, "Survey Says Health Insurance Premiums Rose in Past Year," Washington Post, 9 September 2003 (Netscape version).
93. Stephanie Armour and Julie Appleby, "As health care costs rise, workers shoulder burden," USA Today, 28 October 2003 (Netscape version).
94. William Welch, "Report: 82M went uninsured," USA Today, 16 June 2004 (Netscape version).
95. "Number of Americans lacking health insurance rises sharply," Knight Rider Newspapers, 1 October 2003 (Netscape version).
96. U.S. Government Accountability Office, Health Care: Unsustainable Trends Necessitate Comprehensive and Fundamental Reforms to Control Spending and Improve Value, GAO-04-792SP (May 2004).
97. "Why does the U.S. pay more?" Omaha World-Herald, 6 October 2003 (Netscape version).
98. Robert Pear, "House Conservatives Issue a Make-or-Break Medicare List," New York Times, 18 September 2003 (Netscape version).
99. Robert Pear, "Bush Prods Lawmakers to Step Up Pace of Medicare Talks," New York Times, 26 September 2004 (Netscape version).
100. Patricia Barry, "Getting to Yes: OK, Now Comes the Hard Part," AARP Bulletin (September 2003): 4.
101. I b i d.
102. Robert Pear, "House and Senate Weigh Co-payment for Care At Home," New York Times, 14 October 2003 (Netscape version).
103. Amy Goldstein, "'Means Test' Deal Near on Medicare," Washington Post, 16 October 2003 (Netscape version).
104. Jake Thompson, "Drug Plan Will Hurt Retirees, says Nelson," Omaha World-Herald, 24 October 2003 (Netscape version).
105. Robert Pear, "Democrats Say G.O.P. Endangers Medicare Drug Accord," New York Times, 24 October 2003 (Netscape version);
106. Robert Pear, "Issue of Competition Causes Widest Split over Medicare," New York Times, 10 November 2003 (Netscape version).
107. Robert Pear and Robin Toner, "Sharply Split, House Passes Broad Medicare Overhaul," New York Times, 23 November 2003 (Netscape version).
108. Robert Pear, "Sweeping Medicare Change Wins Approval in Congress," New York Times, 26 November 2003 (Netscape version).
109. Raymond Hernandez and Robert Pear, "State Officials Are Cautious on Medicare Drug Benefit," New York Times, 4 January 2004 (Netscape version).
110. I b i d.
111. Judith Graham, "Drug cards may trigger headaches: medicare system will be complex," The Chicago Tribune, 8 March 2004 (Online version);
112. John Leland, "73 Options for Medicare Plan Fuel Chaos, Not Prescriptions," New York Times, 12 May 2004 (Netscape version).
113. Robert Pear, "Rising Costs Prompt States to Reduce Medicaid Further," New York Times, 23 September 2003 (Netscape version).
114. Robert Pear, "U.S. Nears Clash With Governors on Medicaid Cost," New York Times, 16 February 2004 (Netscape version).
115. Leslie Reed, "Nebraska Fights Medicaid Effort," Omaha World-Herald, 17 February 2004 (Netscape version).
116. I b i d.
117. Robert Pear, "Bush to Revisit Changes in Medicaid Rules," New York Times, 23 February 2004 (Netscape version).
118. William M. Welch, "Once just a trickle, Canada's Rx drugs pouring into USA," USA Today, 7 October 2003.
119. Gilbert M. Gaul and Mary Pat Flaherty, "U.S. Prescription Drug System Under Attack: Multibillion-Dollar Shadow Market is Growing Stronger," Washington Post, 19 October 2003 (Netscape version).
120. Welch, "Once just a trickle, Canada's Rx drugs pouring into USA."
121. Robert Pear, "Washington Approves 5-State Pool to Buy Drugs for 900,000 Medicaid Recipients," New York Times, 23 April 2004 (Netscape version).
122. Milt Freudenhiem, "Medicare Starts Web Site to Compare Drug Prices," New York Times, 29 April 2004 (Netscape version).
123. Charli E. Coon, "The Energy Bill Returns: Still a Missed Opportunity," The Heritage Foundation, 15 June 2004.
124. Dan Morgan, "The GOP Congress, High on the Hog," Washington Post, 18 January 2004 (Netscape version).
125. The National Governors' Association, "Electric Industry Restructuring and Energy Issues," Position Letters, 23 September 2003.
126. Michael Janofsky, "Governors See Obstacles to a Unified Energy Stand," New York Times, 17 August 2003 (Netscape version).
127. Sebastian Mallaby, "Big Government Again," Washington Post, 14 June 2004 (Netscape version).
128. Jonathan Rauch, "Bush quietly beefs up government's role," Govexec.com, 25 July 2003.
129. I b i d.
130. David B. Walker, The Rebirth of Federalism, 2nd ed. (New York: Chatham House Publishers, 2000), pp. 260-281.
131. Alice M. Rivlin, Reviving the American Dream: The Economy, the States & the Federal Government (Washington, DC: The Brookings Institution, 1992), p. 109.
132. John D. Donahue, Disunited States (New York: Basic Books, 1997), pp. 11-12.
133. Keith E. Hamm and Gary F. Moncrief, "Legislative Politics in the States," Politics in the American States: A Comprehensive Analysis, eds., Virginia Gray and Russell L. Hansan, 8th ed. (Washington DC: CQ Press, 2004), pp. 171-172.
134. Richard P. Nathan and Fred C. Doolittle, Reagan and the Stales (Princeton, NJ: Princeton University Press, 1987)
135. John Maggs, "Sorry States," National Journal, 8 August 2003 (Netscape version).
136. Alan Greenblatt, "States of Frustration," Governing 17 (January 2004): 26-30.
137. Center for Policy Alternatives, Progress in the States: A Report on Proactive, Progressive Victories in 2004 (Washington, DC: July 2004), p. 2.
138. Michael Cooper, "So How Bad Is Albany? Well Notorious," New York Times, 22 July 2004 (Netscape version).
139. Dale Krane, "The State of American Federalism, 2002-2003: Division Replaces Unity," Publius: The Journal of Federalism 33 (Summer 2003): 23.
140. Greenblatt, "States of Frustration," 26.
141. I b i d.
142. American Legislative Exchange Council, Background About ALEC, www.alec.org.
143. Alan Greenhlatt, "What Makes ALEC Smart? Governing, 17 (October 2003), p. 30.
144. Ibid., 32.
145. As quoted in ibid., 32.
146. Lance Davis, "Panel Examines Federal-State-Local Partnership Viability," The Nations' Cities Weekly, 8 September 2003 (Netscape version).
147. John Kincaid, "From Cooperative to Coercive Federalism," Annals of the American Academy of Political and Social Science 509 (May 1990): 139-152.
148. Associated Press, "States' rights backers have a surprising foe in the White House," Omaha World-Herald, 11 January 2004, p. 8A.
149. National Conference of State Legislatures, State Budget & Tax Actions 2004: Preliminary Report.
150. Neal Peirce, "State Budget Quandaries: Any Heroes Out There?" Washington Post, 4 January 2004 (Netscape version).
151. National Conference of State Legislatures, State Budget and Tax Actions 2004.
152. NCSL NEWS, "State Budget Gaps Shrink, NCSL Study Finds," 28 April 2004.
153. NCSL News, "State Budgets Rebounding, But Tough Road Looms Ahead For Lawmakers," 20 July 2004.
154. John M. Broder, "Despite Rebound, States' Budgets are Still Reeling," New York Times, 5 January 2004 (Netscape version).
155. Elizabeth McNichol, States 'Heavy Reliance on Spending Cuts and One-Time Measures to Close Their Budget Gaps Leaves Programs at Risk (Washington, DC: Center on Budget and Policy Priorities, 29 July 2004).
156. I b i d.
157. Robert D. Behn and Elizabeth K. Keating, Faring the Fiscal Crises in State Governments: National Problem; National Responsibilities, 29 July 2004, Taubman Center for State and Local Government, Harvard University, p. 7.
158. McNichol, States' Heavy Reliance on Spending Cuts.
159. I b i d.
160. Broder, "Despite Rebound, States' Budgets are Still Reeling."
161. Krane, "The State of American Federalism, 2002-2003," 11.
162. U.S. Government Accountability Office, Letter to U.S. Senator Don Nickles, Chairman, Committee on the Budget, U.S. Senate, 7 May 2004, GAO-04-736R Temporary State Fiscal Relief.
163. Nicholas Johnson and Edwin Park, A Response to GAO's Criticisms of State Fiscal Grants (Washington, DC: Center On Budget and Policy Priorities, 15 June 2004).
164. National League of Cities, The Impact of Federal Fiscal Policy on State and Local Fiscal Crises: Roundtable Proceedings (Washington, DC: NLC, 27 May 2003), p. 8.
165. Krane, "The State of American Federalism, 2002-2003," 31-34.
166. Christopher Hoene, "States decrease their aid to cities," American City & County, 1 October 2003 (Netscape version).
167. National Governors' Association & National Association of State Budget Officers, The Fiscal Survey of States, April 2004, p. 4.
168. Broder, "Despite Rebound, States' Budgets are Still Reeling."
169. Will Potter, "State Lawmakers Again Cut Higher-Education Spending," The Chronicle of Higher Education, 8 August 2003, p. A22.
170. Elizabeth McNichol and Mekeda Harris, Many States Cut Budgets As Fiscal Squeeze Continues (Washington, DC: Center on Budget and Policy Priorities, 26 April 2004).
171. Alan Greenblatt, "Making Do," Governing 17 (December 2003): 33.
172. Christopher Swope, "Revising Sentences," Governing 17 (July 2004): 38.
173. As quoted in National League of Cities, Is the Federal-State-Local Partnership Being Dismantled? Roundtable Proceedings (Washington, DC: NLC, 2 September 2003), p. 4.
174. Paul L. Posner, The Politics of Unfunded Mandates: Whither Federalism? (Washington, DC: Georgetown University Press, 1998).
175. National Conference of States Legislatures, The Mandate Monitor, 31 March 2004;
176. Iris J. Lav and Andrew Brecher, Passing Down the Deficit: Federal Policies Contribute to the Severity of the State Fiscal Crisis (Washington, DC: CBPP, 12 May 2004), p. 10.
177. I b i d.
178. Donald Bruce and William F. Fox, "State and Local Losses from E-Commerce: Updated Estimates," Center for Business and Economic Research, The University of Tennessee, October 2001, p. 1.
179. Lav and Brecher, "Passing Down the Deficit," 3.
180. Ibid., 2.
181. I b i d.
182. Michael A. Pagano and Jocelyn M. Johnston, "Life at the Bottom of the Fiscal Food Chain: Examining City and County Revenue Decisions," Publius: The Journal of Federalism, 30 (Winter/Spring 2000): 159-170.
183. National League of Cities, 2 September 2003, p. vi.
184. Jonathan Walters, "Cry, the Beleaguered County," Governing 10 (August 1996): 31-37.
185. Dale Krane, Carol Ebdon, and John Bartle, "Devolution, Fiscal Federalism, and Changing Patterns of Municipal Revenues: The Mismatch Between Theory and Reality," Journal of Public Administration Research and Theory, 14 (October 2004): 513-533.
186. As quoted in T.R. Reid, "States Feel Less Pinch in Budgets, Service: Implementation of Taxes and Fees Are Credited For Economic Recovery," Washington Post, 9 May 2004 (Netscape version).
187. Plan was approved by U.S. DHHS on 22 April 2004.
188. Center for Policy Alternatives, Progress in the States, July 2004, pp. 6-7.
189. Gardiner Harris, "States Try to Limit Drugs in Medicaid, but Makers Resist," New York Times, 18 December 2003 (Netscape version).
190. Richard A. Oppel, Jr. and Christopher Drew, "States Planning Their Own Suits on Power Plants," New York Times, 9 November 2003 (Netscape version).
191. Andrew C. Revkin, "New York City and 8 States Plan to Sue Power Plants," New York Times, 21 July 2004 (Netscape version).
192. Center for Policy Alternatives, Progress in the States, July 2004, p. 12.
193. Dean E. Murphy, "Pact in West Will Send Farms' Water to Cities," New York Times, 17 October 2003 (Netscape version).
194. Pam Belluck, "Marriage by Gays Gains Big Victory in Massachusetts," New York Times, 19 November 2003 (Netscape version); Associated Press, "Massachusetts Court: State Wrong to Ban gay Marriage,"
195. Washington Post, 18 November 2003 (Netscape version).
196. Associated Press, "Massachusetts Court: State Wrong to Ban gay Marriage."
197. Pam Belluck, "Massachusetts Gives New Push to Gay Marriage in Strong Ruling," New York Times, 5 February 2004 (Netscape version).
198. Pam Belluck, "Town Set to Defy Governor on Same-Sex Marriage Issue," New York Times, 11 May 2004 (Netscape version).
199. Belluck, "Massachusetts Gives New Push to Gay Marriage."
200. James Dao, "Legislators Push for State Action on Gay Marriage," New York Times, 27 February 2004 (Netscape version).
201. Dean E. Murphy, "San Francisco Mayor Exults in Move on Gay Marriage," New York Times, 19 February 2004 (Netscape version);
202. Dean E. Murphy, "San Francisco Sues State Over Same-Sex Weddings," New York Times, 20 February 2004 (Netscape version).
203. Andrew Jacobs, "Black Legislators Stall Marriage Amendment in Georgia," New York Times, 3 March 2004 (Netscape version).
204. Richard H. Leach, American Federalism (New York: W.W. Norton, 1970), p. 39.
205. Deborah Sharp, "Cities come out about wooing gays-arid their dollars," USA Today, 8 December 2003 (Netscape version).
206. I b i d.
207. Bob Witek and Gary Gates, "Same-Sex Marriage: What's at Stake for Business?" The Urban Institute, 21 July 2004 (www.urban.org).
208. Emily Montandon, "The Price of Democracy," Government Technology, 17 (April 2004): 30, 32.
209. John Schwartz, "Report Calls for Fixes in High-Tech Voting," Nero York Times, 30 June 2004 (Netscape version).
210. Cynthia Webb, "The Man From Sacramento," Washington Post, 17 June 2004 (Netscape version).
211. I b i d.
212. U.S. Election Assistance Commission, About the EAC (www.eac.gov/about. asp).
213. Emily Montandon, "The Price of Democracy," Government Information Technology 2 (April 2004): 50.
214. M. Mindy Moretti, "Commission publishes state voting plans, money to follow," National Association of Counties, 5 August 2004.
215. Montandon, "The Price of Democracy," 50.
216. John Kincaid, "The State of American Federalism, 2000-2001: Continuity in Crisis," Publius: The Journal of Federalism, 31 (Summer 2001): 8-9.
217. Jim DeFede, "Absentee ballot law is a joke that isn't funny," Miami Herald, 27 May 2004 (Netscape version).
218. Abby Goodnough, "Election Troubles Already Descending on Florida," New York Times, 15 July 2004 (Netscape version).
219. Manuel Roig-Franiza, "Florida Again Faces Disputes Over Elections," Washington Post, 29 July 2004 (Netscape version).
220. Anon, "ES&S defends system alter '02 vote data found," Omaha World-Hearld, 31 July 2004 (Netscape version).
221. Roig-Franiza, "Florida Again Faces Disputes Over Elections."
222. David de Sola, "International team to monitor presidential election," CNN.com, 9 August 2004 (Netscape version).
223. Jo Becker, "Groups Say GOP Moves to Stifle Vote," Washington Post, 26 August 2004 (Netscape version).
224. Daniel J. Elazar, American Federalism: The View From the States (New York: Crowell, 1972), pp. 114-115.
225. Larry N. Gerston and Terry Christensen, Recall!: California's Political Earthquake (Armonk, NY: M.E. Sharpe 2004), pp. 60-81.
226. Dean E. Murphy, "In California, Legal Moves and Lap-Dancing, Too," New York Times, 18 September 2003 (Netscape version).
227. Gerston and Christensen, Recall!: California's Political Earthquake, p. 66;
228. William Booth, "Appeals Court Reinstates Oct. 7 Recall Election," Washington Post, 23 September 2003 (Netscape version).
229. John M. Broder, "Voters Voice Deep Dissatisfaction With Governor's Record," New York Times, 8 October 2003 (Netscape version);
230. Dan Balz, "Voters Turn Davis Into The Fall Guy," Washington Post, 8 October 2003 (Netscape version).
231. William Booth, "Calif. Budget Fix Is Easier Said Than Done," Washington Post, 8 September 2003 (Netscape version).
232. Dean E. Murphy, "Schwarzenegger Outlines Plan to Handle California Debt," New York Times, 19 November 2003 (Netscape version);
233. Alan Greenblatt, "The Calculator," Governing 17 (January 2004): 18.
234. Dean E. Murphy, "Schwarzenegger Aide Offers First List of Proposed Budget Cuts," New York Times, 26 November 2003 (Netscape version).
235. John M. Broder, "Schwarzenegger Selling Bond Act, and Himself," New York Times, 20 February 2003 (Netscape version).
236. John M. Border, "The Schwarzenegger Game Plan: Bypass the Politicians," New York Times, 14 May 2004 (Netscape version).
237. John M. Broder, "Schwarzenegger Calls Budget Opponents 'Girlie Men'," New York Times, 19 July 2004 (Netscape version).
238. Associated Press, "The Political Spat Is Intensifying in California," USA Today, 6 July 2004 (Netscape version).
239. Associatied Press, "Schwarzenegger and lawmakers agree on budget," USA Today, 27 July 2004 (Netscape version).
240. James Dao, "A Governor's Hard Sell: Higher Taxes in Virginia," New York Times, 20 January 2004 (Netscape version);
241. Michael D. Shear and Chris L. Jenkins, "Va. Passes Landmark Increases in Taxes: $1.36 Billion Measure Freezes Car Relief," Washington Post, 28 April 2004 (Netscape version).
242. R. Shep Melnick, "Deregulating the States: Federalism in the Rehnquist Court," Evolving Federalism: The Intergovernmental Balance of Power in America and Europe (Syracuse, NY: Campbell Public Affairs Institute, Maxwell School of Citizenship and Public Affiars, Syracuse University, 2003): 109-141 [italics in original].
243. Ibid., 115.
244. Tennessee v. Lane, 541 U.S. 509 (2004).
245. Marci Hamilton, "The Supreme Court's Federalism Cases This Term: A String of Decisions Upholding Federal Power Show the Portrayal of the Court as Extreme is a Caricature," The Federalist Society for Law and Public Policy Studies (Washington, DC: 3 June 2004).
246. Frew v. Hawkins, 540 U.S. 431 (2004).
247. Aetna Health Care Inc. v. Davila, 124 S. Ct. 2488 (2004), and Cigna HealthCare of Texas Inc. v. Calad.
248. Linda Greenhouse, "Justices Limit Ability to Sue Health Plans," New York Times, 22 June 2004 (Netscape version).
249. Sabri v. United States, 541 U.S. 600 (2004).
250. Hibbs v. Winn, 124 S. Ct. 2276 (2004).
251. Gina Holland, "Supreme Court: Taxpayers Can Bring Federal Suits Challenging State Taxes," Washington Post, 14 June 2004 (Netscape version).
252. Hiibel v. Sixth Judicial District Court, 124 S. Ct. 2451 (2004).
253. Terry v. Ohio, 392 U.S. 1 (1968).
254. Hiibel v. Sixth Judicial District Court, 124 S. Ct. 2451 (2004).
255. Associated Press, "People can't keep names from police, court says," Omaha World-Hearld, 21 June 2004 (Netscape version);
256. Linda Greenhouse, "Justices Uphold a Nevada Law Requiring Citizens to Identify Themselves to Police," New York Times, 22June 2004 (Netscape version).
257. Nixon v. Missouri Municipal League, 541 U.S. 125 (2004).
258. State of Alaska v. U.S. Environmental Protection Agency, 540 U.S. 461 (2004).
259. Associated Press, "Supreme Court Rules EPA Can Overrule State in Clean Air Case," Washington Post, 21 January 2004 (Netscape version).
260. Blakely v. Washington, 124 S. Ct. 2531 (2004).
261. Apprendi v. New Jersey, 530 U.S. 466 (2000).
262. Linda Greenhouse, "Justices, in 5-4 Vote, Raise Doubts on Sentencing Rules," New York Times, 25 June 2004 (Netscape version).
263. Locke v. Davey, 540 U.S. 712 (2004).
264. Zelman v. Simmons-Harris, 122 S. Ct. 2460. 2472 (2002).
265. Fred Barbash, "High Court Allows States to Deny Scholarships for Religious Study: Ruling Is Departure From Recent Church-State Fights," Washington Post, 25 February 2004 (Netscape version).
266. Linda Greenhouse, "Court Says States Need Not Finance Divinity Studies," New York Times, 26 February 2004 (Netscape version).
267. 250 Goodwich v. Department of Public Health, 440 Mass. 309, 798 N.E.2d 941 (Mass. 2003).
268. Associated Press, "Supreme Court refuses to block gay marriages in Massachusetts," Omaha World-Record, 14 May 2004 (Netscape version).
269. Lawrence v. Texas, 539 U.S. 558 (2003).
270. MrConnell v. F.E.C., 540 U.S. 93 (2003).
271. Ann Gearan, "Supreme Court Upholds Political Money Law," Washington Post, 20 December 2003 (Netscape version).
272. Carl Hulse, "Even Some in G.O.P. Call for More Oversight of Bush," New York Times, 31 May 2004 (Netscape version).
273. John Kenneth White as quoted in David Von Drehle, "Political Split Pervasive: Clash of Cultures Is Driven by Targeted Appeals and Reinforced by Geography," Washington Post, 25 April 2004 (Netscape version).
274. John Tierney, "A Nation Divided? Who Says?" New York Times, 13 June 2004 (Netscape version).