The state of American federalism, 2004: Is federalism still a core value?

Publius: The Journal of Federalism

Volumn 35, Issue 1, 2005, Pages 1-40

  Krane, Dale ^a   Koenig, Heidi ^b  

^a UNIVERSITY OF NEBRASKA AT OMAHA   (United States)

^b NORTHERN ILLINOIS UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 25144484469     PISSN: 00485950     EISSN: None     Source Type: Journal    
DOI: 10.1093/publius/pji020     Document Type: Article

References (179)

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3. "President Bush's State of the Union Address," The New York Times, 3 February 2005 (Netscape version).
4. Thomas J. Anton, American Federalism and Public Policy: How the System Works (New York: Random House, 1989), p. 230.
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10. I b i d.
11. Eleanor Clift, Kevin Peraino, Jonathan Darman, Peter Goldman, Holly Bailey, Tamara Lipper, Suzanne Smalley, and Evan Thomas, "How Bush Did It," Newsweek, 15 November 2004, p. 123.
12. Ibid., 56.
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15. "Survey of Voters: Who They Were . . ." The New York Times, 4 November 2004, p. P4.
16. Dana Milbank, "Deeply Divided Country Is United in Anxiety," Washington Post, 4 November 2004 (Netscape version).
17. Zeleny, 7 November 2004.
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19. D. Sunshine Hillygus and Todd G. Shields, "Moral Issues and Voter Decision Making in the 2004 Presidential Election," PS: Political Science & Politics, 38 (April 2005): 203.
20. Elisabeth Bumiller, "Turnout Effort and Kerry, Too, Were G.O.P.'s Keys to Victory," The New York Times, 4 November 2004 (Netscape version).
21. The White House, Notional Strategy for Homeland Security, 16 July 2002; www.whitehouse.gov.
22. Alice1 Lipowicz, "Finding the Money: A Guide to Where the Grants Are," Securing The Homeland: Federal, State & Local Approaches, Special Report by Governing and Congressional Quarterly (October 2004), pp. 37-44.
23. Donald F. Kettl, "Dashed Expectations," Securing The Homeland, p. 8.
24. U.S. Department of Homeland Security, Fact Sheet: U.S. Department of Homeland Security 2004 Year End Review, 30 December 2004; www.dhs.gov.
25. U.S. Department of Homeland Security, "Secretary Tom Ridge and Deputy Prime Minister Anne McLellan Highlight Progress on the Smart Border Action Plan," press release, 14 October 2004; www.dhs.gov.
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27. Council of State Governments, Protecting Rural America: State Challenges and Solutions, Homeland Security Brief, October 2004 (Lexington, KY: Council of State Governments).
28. I b i d.
29. Alan Levin, "FAA panel: Airport Fire Units Lacking," USATODAY, 6 October 2004 (Netscape version).
30. Associated Press, "Report: States Slow to Prepare for Bioterror," CNN.com, 15 December 2004 (Netscape version).
31. Trust for America's Health, Ready or Not? Protecting the Public's Health in the Age of Bioterrorism, December 2004; www.healthyamericans.org.
32. As quoted in Christopher Logan, "Politics and Promises: Rhetoric Meets the Reality of a Slowdown in Homeland Security Funding," Securing the Homeland, p. 14.
33. See Dale Krane, "The State of American Federalism, 2003-2004: Polarized Politics and Federalist Principles," Publius: The Journal of Federalism, 34 (Summer 2004): 105.
34. Logan, "Politics and Promises," p. 15.
35. Dean E. Murphy, "Security Grants Still Streaming to Rural States," The New York Times, 12 October 2004 (Netscape version).
36. U.S. Department of Homeland Security, "Department of Homeland Security Announces Over $2.5 Billion in Grants Nationwide," press release, 3 December 2004; www.dhs.gov.
37. Murphy, "Security Grants to Rural States."
38. R. Jeffrey Smith, "DeLay's Corporate Fundraising Investigated," Washington Post, 12 July 2004 (Netscape version);
39. Glen Justice and Sheryl Gay Stolberg, "3 DeLay Aides Facing Charges in Fund-Raising," The New York Times, 22 September 2004 (Netscape version);
40. Charles Babington, "GOP Pushes Rule Change to Protect DeLay's Post," Washington Post, 17 November 2004 (Netscape version).
41. James MacGregor Burns, J.W. Peltason, Thomas E. Cronin, David B. Magleby, David M. O'Brien, and Paul C. Light, Government by the People: National, State, and Local Version, 20th ed. (Upper Saddle River, NJ: Pearson Prentice-Hall, 2004), pp. 295-298.
42. Charles Babington, "Hastert Launches a Partisan Policy," Washington Post, 27 November 2004 (Netscape version).
43. Charles Babington and Walter Pincus, "House Leaders Expect Passage of Intel Bill," Washington Post, 7 December 2004 (Netscape version);
44. John Diamond, "Senate Passes Bill to Overhaul Intelligence," USATODAY, 9 December 2004 (Netscape version).
45. Burns et al., Government by the People, p. 275;
46. Jacob E. Cooke, ed. The Federalist (Cleveland, OH: Meridian Books, 1961), pp. 347-353.
47. For a review of the act, see Dale Krane, "The State of American Federalism, 2001-2002: Resilience in Response to Crisis," Publius: The Journal of Federalism, 32 (Fall 2002): 10-12.
48. U.S. Department of Education, NCLB: An Overview, 17 May 2005; www.ed.gov.
49. Alan Greenblatt, "The Left Behind Syndrome," Governing, 17 (September 2004): 40.
50. Center on Education Policy, "No Child Left Behind Gains Some Traction, hut Progress May Soon Stall in States, Warns First Comprehensive Study of Law's Implementation," press release, 3 January 2003;
51. Center on Education Policy, "New Report on No Child Left Behind Offers First-Ever Analysis of Implementation Efforts at Federal, State & Local Levels," press release, 26 January 2004; www.cep-dc.org.
52. Rod Paige, remarks delivered at No Child Left Behind? The Politics and Practice of Accountability, a conference sponsored by the Brookings Institution, Washington, DC, 11 December 2003.
53. Rick Hess, remarks delivered at No Child Left Behind? The Politics and Practice of Accountability, a conference sponsored by the Brookings Institution, Washington, DC, 11 December 2003.
54. Jack Jennings and Nancy Kober, "Talk Tough, But . . .: Put the Money Where Your Mouth Is," Washington Post, 3 October 2004 (Netscape version).
55. Greenblatt, "The Left Behind Syndrome," 40.
56. Jennings and Kober, "Talk Tough";
57. Greenblatt, "The Left Behind Syndrome";
58. Dale Krane, "The State of American Federalism, 2002-2003: Division Replaces Unity," Publius: The Journal of Federalism, 33 (Summer 2003): 1-44.
59. Paul Peterson, remarks delivered at No Child Left Behind? The Politics and Practice of Accountability, a conference sponsored by the Brookings Institution, Washington, DC, 11 December 2003.
60. Jennings and Kober, "Talk Tough."
61. Chris L. Jenkins, "Bill Imperils U.S. School Aid Killed by Va. Panel," Washington Post, 11 November 2004 (Netscape version).
62. Greenblatt, "The Left Behind Syndrome," 42.
63. Ibid., 40.
64. Edward T. Jennings Jr., Dale Krane, Alex N. Pattakos, and B.J. Reed, "Assessing the State Small Cities CDBG Experience," From Nation to States: The Small Cities Community Development Block Grant Program, eds. Edward T. Jennings Jr., Dale Krane, Alex N. Pattakos, and B.J. Reed. (Albany: State University of New York Press, 1986), pp. 221-251;
65. Walter Williams, The Implementation Perspective: A Guide for Managing Social Service Delivery Programs (Berkeley, CA: University of California Press, 1980).
66. Center on Education Policy, "New Report on No Child Left Behind Offers First-Ever Analysis of Implementation Efforts at Federal, State & Local Levels," press release, 126 January 2004; www.cep-dc.org.
67. Nancy Trejos, "Schools Vying For Share of Tutoring Funds: New Programs Compete With Private Offerings," Washington Post, 21 September 2004 (Netscape version).
68. Paul Peterson and Martin R. West, remarks delivered at No Child Left Behind? The Politics and Practice of Accountability, a conference sponsored by the Brookings Institution, Washington, DC, 11 December 2003.
69. Diana Jean Schemo, "Parts of Special-Ed Bill Would Shift More Power to States and School Districts," The New York Times, 22 November 2004 (Netscape version).
70. I b i d.
71. I b i d.
72. Greg Winter and Diana Jean Schemo, "Bill Clears Way for Government to Cut Back College Loans," The New York Times, 21 November 2004 (Netscape version).
73. Andrew C. Revkin, "Election Over, McCain Criticizes Bush on Climate Change," The New York Times, 16 November 2004 (Netscape version).
74. U.S. Department of Energy, National Energy Policy: Report of the National Energy Policy Development Group, May 2001.
75. As quoted in Felecity Barringer, "New Priorities in Environment," The New York Times, 14 September 2004 (Netscape version).
76. As quoted in Joby Warrick and Juliet Eilperin, "Oil and Gas Hold the Reins in the Wild West," Washington Post, 25 September 2004 (Netscape version).
77. I b i d.
78. I b i d.
79. Michael Janofsky, "Inspector General Says E.P.A. Rule Aids Polluters," The New York Times, 1 October 2004 (Netscape version).
80. I b i d.
81. Krane, "The State of American Federalism, 2003-2004," 113-115.
82. Robert Pear, "Private Plans Costing More for Medicare," The New York Times, 19 September 2004 (Netscape version).
83. Robert Pear, "Inquiry on Medicare Finds Improper Limits on Choices," The New York Times, 28 September 2004 (Netscape version).
84. Robert Pear, "Price Comparison for Drugs Is Put on Federal Web Site," The New York Times, 16 September 2004 (Netscape version).
85. I b i d.
86. Robert Pear, "Low-Income Nonapplicants to Get Medicare Drug Cards," The New York Times, 23 September 2004 (Netscape version).
87. Robert Pear, "Study Finds Savings in Medicare Drug Benefit," The New York Times, 23 November 2004 (Netscape version).
88. Robert Pear, "State Officials Criticize Medicare Benefit Wording," The New York Times, 7 November 2004 (Netscape version).
89. Milt Freudenheim, "Bush Health Savings Accounts Slow to Gain Acceptance," The New York Times, 13 October 2004 (Netscape version).
90. Pam Belluck, "Maine and One of Its Tribes Look to Buy Canadian Drugs," The New York Times, 1 October 2004 (Netscape version).
91. Courtney Flynn, "State Starts Drug Import Plan," Chicago Tribune, 5 October 2004 (Netscape version).
92. "States Look to Europe for Prescription Drugs: Canadian Government Considers Shutting Down Flow to U.S." CNN.com, 17 January 2005 (Netscape version).
93. Belluck, "Maine and One of Its Tribes."
94. John M. Broder, "Schwarzenegger Vetoes Bills Seeking Drugs from Canada," The New York Times, 1 October 2004 (Netscape version).
95. Flynn, "State Starts Drug Import Plan."
96. Gardiner Harris, "F.D.A. Failing in Drug Safety, Official Asserts," The New York Times, 19 November 2004 (Netscape version);
97. Gardiner Harris, "Regulation Redefined: AT F.D.A, Strong Drug Ties and Less Monitoring," The New York Times, 6 December 2004 (Netscape version).
98. Anita Manning, "FDA Red-Flagged Flu Vaccine Factory," USATODAY, 11 October 2004 (Netscape version).
99. Gardiner Harris, "Complaints Build across the Nation on Flu Vaccine Supplies," The New York Times, 19 October 2004 (Netscape version);
100. Monica Davey, "Illinois Governor Seeks Vaccine Abroad," The New York Times, 25 October 2004 (Netscape version).
101. See Krane, "The State of American Federalism, 2003-2004," 111-112.
102. Jonathan Weisman, "Bid to Save Tax Refunds for the Poor Is Blocked," Washington Post, 23 September 2004 (Netscape version).
103. Edmund L. Andrews, "A Senator's Outrage Delays Passage of Corporate Tax Bill," The New York Times, 11 October 2004 (Netscape version).
104. Edmund L. Andrews, "Deal in Congress to Keep Tax Cuts, Widening Deficit," The New York Times, 23 September 2004 (Netscape version);
105. Jonathan Weisman, "Congress Votes to Extend Tax Cuts," Washington Post, 24 September 2004 (Netscape version).
106. Lynnley Browning, "Study Finds Accelerating Decline in Corporate Taxes," The New York Times, 23 September 2004 (Netscape version).
107. Edmund L. Andrews, "How Tax Bill Gave Business More and More," The New York Times, 13 October 2004 (Netscape version).
108. Edmund L. Andrews, "How Tax Bill Gave Business More and More," The New York Times 2004 Ibid.;
109. Associated Press, "Senate Passes $136B Corporate Tax Bill," USATODAY, 11 October 2004 (Netscape version).
110. Andrews, "Tax Bill Gave More and More."
111. Weisman, "Congress Votes to Extend Tax Cuts."
112. I b i d.
113. Dan Morgan and Helen Dewar, "Congress Agrees on Tight Budget for the U.S.," Washington Post, 21 November 2004 (Netscape version).
114. Sheryl Gay Stolberg, "In Congress, Growing Doubts on Spending Process," The New York Times, 24 November 2004 (Netscape version).
115. Morgan and Dewar, "Congress Agrees on Tight Budget."
116. David E. Rosenbaum, "Call it Pork or Necessity, but Alaska Comes Out Far Above the Rest in Spending," The New York Times, 21 November 2004 (Netscape version).
117. David E. Rosenbaum, "Call it Pork or Necessity, but Alaska Comes Out Far Above the Rest in Spending," The New York Times 2004 Ibid.;
118. Sharon Theimer, "Deficit Hasn't Tamed Appetite for Pork," Associated Press, 24 November 2004 (Netscape version);
119. Katherine Q. Seelye and David E. Rosenbaum, "Big Spending Bill Makes a Winner of Mars Program but Many Losers Elsewhere," The New York Times, 23 November 2004 (Netscape version).
120. Seelye and Rosenbaum, "Big Spending Bill."
121. As quoted in Stolberg, "Growing Doubts on Spending Process."
122. Dennis Cauchon and John Waggoner, "The Looming National Benefit Crisis," USATODAY, 13 October 2004 (Netscape version).
123. Dennis Cauchon and John Waggoner, "Solutions for Debt Crisis Go Far Beyond Tinkering," USATODAY, 5 October 2004 (Netscape version).
124. National Governors Association, "NGA Welcomes New Governors," 1 January 2005; www.nga.org/common/issueBrief;
125. National Conference of State Legislatures, "Partisan Composition of State Legislatures," 6 April 2005; www.ncsl.org/ncsldb/elect98.
126. Dennis Cauchon, "Dems Gain in 'Hidden Election.'" USATODAY, 15 December 2004 (Netscape version).
127. Kavan Peterson, "Voters Decide Policy Issues," Stateline.org, 3 November 2004.
128. As quoted in Haya El Nasser, "Red State or Blue, Americans Sick of Gridlock," USATODAY, 5 November 2004 (Netscape version).
129. I b i d.
130. Charisse Jones, "Issues: 11 States Nix Gay Marriage; Calif. Oks Stem-Cell Work," USATODAY, 3 November 2004 (Netscape version);
131. Manuel Roig-Franzia, "Alabama Vote Opens Old Racial Wounds," Washington Post, 28 November 2004 (Netscape version);
132. Peterson, "Voters Decide Policy Issues";
133. National Governors Association, "Election 2004: Referendum Recap," Issues Brief, 4 November 2004; www.nga.org.
134. See Krane, "The State of American Federalism, 2001-2002," 25;
135. Krane, "The State of American Federalism, 2002-2003." 38-39.
136. As quoted in Peterson, "Voters Decide Policy Issues."
137. As quoted in John M. Broder, "California's New Stem-Cell Initiative Is Already Raising Concerns," The New York Times, 27 November 2004 (Netscape version).
138. Neela Banerjee, "Christian Conservatives Turn to Statehouses," The New York Times, 13 December 2004 (Netscape version).
139. National Governors Association and National Association of State Budget Officers, The Fiscal Survey of States (Washington, DC: National Governors Association and National Association of State Budget Officers, December 2004), p. ix.
140. As quoted in Robert Pear, "States' Pocketbooks Are Fuller, but Health Costs Stall Recovery," The New York Times, 17 December 2004 (Netscape version).
141. Nicholas W. Jenny, "2004 Tax and Budget Review," State Fiscal Brief, No. 71 (New York: The Nelson A. Rockefeller Institute of Government, November 2004).
142. Donald J. Boyd, "State Finances: Not Out of the Woods Yet," a presentation to the Federation of Tax Administrators, Burlington, VT, 20 September 2004.
143. National Governors Association and National Association of State Budget Officers, Fiscal Survey of States, p. 12.
144. National Governors Association and National Association of State Budget Officers, "Medicaid Squeezes State Budgets," press release, 12 October 2004; www.nga.org;
145. National Governors Association and National Association of State Budget Officers, Fiscal Survey of States, p. 1.
146. Donald Boyd, "State and Local Government Face Continued Fiscal Pressure," New Year's Report 2005 (New York: The Nelson A. Rockefeller Institute of Government, January 2005), pp. 2-3.
147. Ibid., p. 5.
148. Dennis Farney, "Insufficient Funds," Governing 18 (December 2004): 26-29.
149. National Association of State Budget Officers, 2003 State Expenditure Report (Washington, DC: National Association of State Budget Officers, 2004), p. 5.
150. Louise Hoffman Broach, "No Matter How You Slice It," Maxwell Perspective, 15 (Fall 2004): pp. 11-12.
151. National Conference of State Legislatures, "State Revenue Pressures Ease, but Expenditure Concerns Remain," press release, 9 December 2004; www.ncsl.org/programs/fiscal.
152. As quoted in Jo Becker, "Legal Battle for Presidency Underway," Washington Post, 20 October 2004 (Netscape version).
153. I b i d.
154. See Krane, "The State of American Federalism, 2003-2004," 95-147.
155. Michael Moss, "Absentee Votes Worry Officials as Nov. 2 Nears," The New York Times, 13 September 2004 (Netscape version).
156. Terry M. Neal, "Florida under the Magnifying Glass," Washington Post, 20 October 2004 (Netscape version);
157. Abby Goodnough, "In '04 Florida, Lawsuits Begin Before Election," The New York Times, 14 October 2004 (Netscape version).
158. As quoted in Greg Botelho, "Could Election Lightning Strike Twice in Florida?" CNN.com, 5 October 2004 (Netscape version).
159. Tom Zeller Jr., "New Jersey Challenges Electronic Voting" The New York Times, 19 October 2004 (Netscape version);
160. T. R. Reid. "In N.M., Spotlight Is on Voting Rights," Washington Post, 25 October 2004 (Netscape version).
161. As quoted in Ed Howard, "Bob Kerrey: Feds Should Give States National Standards for Presidential Elections," NebraskaStatePaper.com, 4 November 2004 (Netscape version).
162. Timothy Conlan and Farncosi Verguilolle deChantal, "The Rehnquist Court and Contemporary American Federalism," Political Science Quarterly 116 (2001): 253-275.
163. In Turner v. Safley, 482 U.S. 78 (1987), the court held the proper balancing test when assessing restrictions on the exercise of freedoms by prisoners "reasonably related" to "legitimate penological interests" (p. 89) The Court in Johnson v. California ruled that because the state could avoid using race - a suspect classification - in making its determinations, the Turner test should not be used.
164. See 28 U.S.C. §2254.
165. See http://www.constitution.org/brief/forsythe_42-1983.htm (accessed 27 May 2005), fn. 33, citing Chapman v. Houston Welfare Rights Org., 441 U.S. 600, 617 (1979);
166. Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979).
167. Krane, "The State of American Federalism, 2003-2004," 143-144.
168. The decision in Booker was the best example of a plurality decision in recent Court history. The decision, as reported in the syllabus of the case, is described as follows: "Stevens, J., delivered the opinion of the Court in part, in which Scalia, Souter, Thomas, and Ginsburg, JJ., joined. Breyer, J., delivered the opinion of the Court in part, in which Rehnquist, C.J., and O'Connor, Kennedy and Ginsburg, JJ., joined. Stevens, J., filed an opinion dissenting in part, in which Souter, J., joined, and in which Scalia, J., joined except for Part III and footnote 17. Scalia, J., and Thomas, J., filed opinions dissenting in part. Breyer, J., filed an opinion dissenting in part, in which Rehnquist, C.J., and O'Connor and Kennedy, JJ., joined." Syllabus, United States v. Booker, 125 S.Ct. 738 (2005).
169. Michael Pickerell, "Leveraging Federalism: The Real Meaning of the Rehnquist Court's Federalism Jurisprudence for States," Albany Law Review 66 (Spring 2003): 825-834.
170. David G. Savage, "Finite Federalism." ABA Journal 90 (1 July 2004): 20.
171. Pickerell, "Leveraging Federalism," 832.
172. Christopher Hamilton and Donald T. Wells, Federalism, Power, and Political Economy: A New Theory of Federalism's Impart on American Life (Englewood Cliffs, NJ: Prentice-Hall, 1990), p. 1.
173. G. Ross Stephens and Nelson Wikstrom, "A Century of Evolving Intergovernmental Relations: A Longitudinal Analysis of the Roles of Federal, State, and Local Governments" (paper presented at the 1999 annual meeting of the American Political Science Association, 2 September, Atlanta, GA).
174. William H. Riker, Federalism: Origin, Operation, Significance (Boston: Little, Brown), p. 136.
175. Daniel J. Elazar, Exploring federalism (Tuscaloosa: The University of Alabama Press, 1987), pp. 178-179.
176. David B. Walker, The Rebirth of Federalism, 2nd ed. (New York: Chatham House Publishers, 2000), p. 316.
177. Ibid., 340.
178. Ibid., 342.
179. Elazar, Exploring Federalism, p. 221.