Federalism and Democratic Transitions: The "New" Politics of the Governors in Brazil

Although federalism is a potentially important variable in democratization,few studies explore its impact in democratic transitions andconsolidation. Scholars generally agree that federalism is quitestrong in contemporary Brazil. This study examines how and whystrong federalism reemerged in Brazil following twenty yearsof centralizing military rule. In brief, the 1964–1985military regime tried but failed to transform the state-basedorganizational structure and power base of Brazil's traditionalpolitical elite; Brazil's "transitional" electoral cycle alsoreinforced the strength of state governors. Examples are providedof how subnational actors influenced the transition processin the national government and how state based actors and interestschallenge Brazil's efforts to consolidate its democracy.     

Jefferson and Executive Power: Revisionism and the "Revolution of 1800"

Thomas Jefferson's varied and divergent statements concerningthe nature and extent of executive power seem to defy interpretation.Evidence can be gathered to support the proposition that Jeffersonwas a determined foe of Hamilton's conception of the chief executiveor that he was an active partisan of that view. The argumentof this article is that as opportunities arose, Jefferson setout to revise the public understanding of the formal powersof the president and, in so doing, moved away from his earlierposition on the extent of those powers. Jefferson's purposewas to check what he perceived to be the dangerous "monarchic"designs of the Federalists and, in turn, reinvigorate the republicanspirit of the regime. At the same time, Jefferson did not discardhis appreciation for the necessity of resorting at times toan enlarged executive authority. How Jefferson set about tobalance these elements in his revised conception of the presidencyraises in a direct fashion key questions about the role of executivepower in a popular government dedicated to the rule of law.     

Using the "F" Word: Federalism in Indonesia's Decentralization Discourse

Indonesia cast off Dutch-imposed federalism in favor of a unitarystate. Soeharto's centralization made federalism taboo in theNew Order. In the current reform period, however, the conceptis re-emerging, but federalism has yet to be discussed in anopen, inclusive, and balanced manner. Decentralization policyis focused on the district, neglecting the political demandsof the larger province. This policy is accompanied by a confusedand misleading official discourse that is consistent with theideology of power retention and maintenance of patrimonial governance.As a result of greater democratization of the polity, federalismis slowly entering official discourse. Although its prospectsin the short term remain dim, support may grow for federal principleswithin Indonesia's unitary structure.     

Australian Public Policy, Federalism, and Intergovernmental Relations: The Federal Factor

Public policy is the overt activity of governing and what governmentshave as their primary purpose. This is so whether the politicalsystem is unitary or federal. There are many more elements thatcomplicate policymaking in a federal system. In particular,constitutional, financial, and political issues intrude becauseof the necessary interdependence of otherwise independent andautonomous national and subnational components. This articleaddresses this complexity of joint action through use of theideas about federalism, the structure of governing institutions,and the processes of policymaking. The extent to which an outcomedepends on the mixture of independence and interdependence isconceptualized as degrees of the federal factor. Linking thisconcept to particular policy arenas may provide a better understandingof federal systems than explanation from centralization or decentralizationor dependence or independence.     

Madison on the Meaning of the "General Welfare," the "Purpose" of Enumerated Powers, and the "Definition" of Constitutional Government

According to James Madison, "the most important and fundamentalquestion" he ever addressed was the meaning of and relationbetween the general welfare clause and the enumeration of particularpowers. This question is the most "fundamental" because theanswer determines the very "idea" or "nature" of the U.S. Constitution.Commentators virtually agree on the answer Madison proposedand defended in Federalist 41, namely, that the general welfareclause is neither a statement of ends nor a substantive grantof power. It is a mere "synonym" for the enumeration of particularpowers, which are limited and wholly define its content. Fromthis answer, it follows that the primary meaning of the nationaldimension of the federal Constitution is limited government,understood as a government with a limited number of powers ormeans. The thesis of this essay, however, is that, contraryto the commentators' claims, Madison argued that the clausewas a substantive grant of power for the generally stated endand that the primary purpose of the ensuing enumeration wasto define more particularly the ends alluded to by the phrase"general welfare." Hence, the meaning of the general constitutionalgovernment in the American federal system is a government orientedto a limited number of limited ends.     

"Soft" Concepts and "Hard" Data: A Research Review of Elazar's Political Culture

This introduction suggests that research on Daniel J. Elazar'sconcept of political culture falls into several genres. Theseare origins, political theory, cultural attributes of the politicalsystem, the policy process, policy outputs, and attitudes incitizens and elites. Research illustrating these genres is analyzedand further research needs are pointed out. The genres may becategorized by David Easton 's heuristic of system analysis.These concepts frame comments on the contributors' articles.     

The Council of Australian Governments and Intergovernmental Relations: A Case of Cooperative Federalism

A series of Special Premiers' Conferences begun in 1990, andthe establishment of the Council of Australian Governments in1992, signaled a phase of "cooperative federalism" in Australia.Joint schemes of policy and legislation and new national intergovernmentalbodies were made by a series of formal agreements. The conditionsand circumstances are appraised in a discussion of the natureof intergovernmental coordination and cooperation, and fromthe critical perspective of a model of competitive federalism.It is concluded that the initiatives, largely, did not representa centralizing process, nor did they override strongly articulatedclaims for diversity. This is made clear following an analysisof the processes occurring in the newly established federalinstitutions and from a series of brief case studies. They expressedthe continuing interdependency and underlying autonomy of stateand Commonwealth governments through schemes that promised tobring agreed, joint benefits through federal solutions.     

STATE URBAN POLICY: "New" Federalism In Virginia, New Jersey and Florida

The recent rediscovery of federalism has left the nation's governors with expanded responsibility and limited federal support. In return, they were promised greater fiscal flexibility, a real partnership in program design, and protection from unfunded mandates. However, states seem unwilling to offer the same guarantees to their cities that they sought from the federal government, even as they expand city responsibilities and limit state aid. This paper explores the extent to which Virginia, New Jersey and Florida have provided the fiscal flexibility and partnership, except in the area of economic development, but the diminished fiscal capacity of some distressed communities relative to their suburban counterparts render them unable to benefit from such efforts.     

The Road to South Carolina: Intergovernmental Tax Immunity and the Constitutional Status of Federalism

In South Carolina v. Baker the Supreme Court struck a powerfulblow at constitutional federalism. As a result of this landmarkcase, the question of whether issuing tax exempt bonds is asovereign right of the states or a privilege they are accordedby the national government has been settled. Relying in parton precedent from Garcia, the Court determined that immunityis not a right under the Tenth Amendment. In addition, SouthCarolina established a new doctrine of intergovernmental taximmunity which formally accords superior powers to the nationalgovernment. Taken together, these results have implicationsfor the future course of intergovernmental fiscal policy aswell as the basic character of the relationship between thenational and state and local governments.     

Intergovernmental Relations and the Advocacy Coalition Framework: The Operation of Federalism in Denver Water Politics

The relationship between intergovernmental relations and theformulation and implementation of public policies is not wellunderstood by scholars. Borrowing from the advocacy coalitionframework, this study contends that public policies reflectthe strategic choices of federal, state, and local actors operatingwithin policy subsystems. The success of various governmentalpolicy strategies is dependent on the autonomy of each actorand the level of policy fragmentation within the subsystem.These variables are defined, operationalized, and examined withinthe context of intergovernmental relations in Denver water politics.     

Devolutionary Federalism and Elazar's Typology: The Arkansas Response to Reagan's New Federalism

This article examines the relationship between the federal andstate governments with regard to the Reagan administration'sNew Federalism. The underlying concern centers on the financialrelationship among governments portrayed by Elazar's typologyof federal aid. The focus of this investigation is directedtoward the adjustments being made by the states to accommodatethe financial and administrative changes occurring on the nationallevel, as illustrated by the case of Arkansas. The analysiscenters on two questions: 1) Has the New Federalism initiativeachieved Reagan's goals of decentralizing governmental authorityback to the states? 2) Has a major redirection in the federalsystem been achieved by reducing the federal financial obligationin the intergovernmental system? The changes being made in thefederal system, as reflected by the adjustments occurring amongthe states, may signal an important realignment of federalism.     

Repairing the Crack in New Orleans' Black Vote: VRA's Results Test Nullifies "Gerryduck"

In 1982, Section 2 of the U.S. Voting Rights Act was amendedto allow plaintiffs to prevail in voting rights litigation ifthey demonstrate that a challenged law or practice has a discriminatoryresult. One of the first applications of this new statutoryprovision invalidated a congressional districting plan for theNew Orleans metropolitan area, a plan that had divided the city'sblack population virtually in half. This article reviews boththe making and the unmaking of that plan, derisively known asthe "gerryduck." Although the judicial action invalidating thisexercise in racial cartography demonstrates the potential importanceof this new section of the VRA as a legal weapon against minorityvote dilution, the results test provides federal judges withenormous discretion, and the application of the test may thereforebe quite capricious.     

The Impact of Electoral Reform: "Open Elections" and the Louisiana Party System

This article examines effects of the "open-elections" law passedby the Louisiana legislature in 1975. The law eliminated traditionalclosed party primaries, creating instead, an open-electionssystem that requires all candidates, regardless of party affiliation,to appear on the same ballot. By and large, the new system hasnot had a significant effect on party competition, party success,or voter turnout in Louisiana.     

"Conquered Provinces"? The Voting Rights Act and State Power

Congress will soon review key provisions of the Voting RightsAct (VRA). A perennial concern has been the act's effect onfederalism. In 1982, Congress amended the VRA both to preventdiscriminatory electoral outcomes and to enhance minority politicalpower. Since the 1990s, the Supreme Court has adjudicated theVRA in a way that limits states' use of race to protect thatpower. An informal alliance has since emerged between Congress,the Justice Department, states, and minority voters againstwhat they view as a retrogressive voting rights jurisprudence.This article will argue that Congress should restore state autonomyto use race as a remedial factor when districting by reaffirmingthe spirit and intent of the 1982 amendments.     

"Welfare Magnets" and Benefit Decline: Symbolic Problems and Substantive Consequences

In response to concern about "welfare migration," some stateshave been freezing benefit levels and trying to institute lowerbenefits for newly arrived out-of-state applicants. There isalso evidence that rising welfare rolls lead states not to raisebenefits. Yet, interstate variation in welfare benefits hasnarrowed over the last two decades. There is also evidence thatwhile interstate competition, or comparison of benefit levels,discourages high-benefit states from raising benefits, stateslook more at themselves then they look at each other. The mostsignificant factor affecting AFDC benefit-levels appears tolie in the intergovernmental arrangements for financing publicassistance (i.e., states often allow Food Stamps and Medicaidto substitute for AFDC). In addition, the migration of poorfemale headed families is patterned after the migration of thepopulation in general; they move to where there is job growth.A major political consequence of stressing welfare migrationmay be its symbolic value in reinforcing prejudices againstwelfare recipients.     

National Support For Regional Review: Federal Compliance and The Future of Intergovernmental Coordination

In 1969, OMB issued Circular A-95 to broaden the "confidentialexchange" between applicants and federal agencies, to providestate and local clearinghouses an opportunity to review federalassistance applications. Because President Reagan recently signedExecutive Order 12372 revoking A-95 and making states responsiblefor procedures governing regional coordination of federal programs,this is a useful time to analyze and evaluate the A-95 experience.Any review process somehow must solve the three critical, overlappingproblems which plagued A-95 from the outset: unpredictable andinsufficient funding, vague review criteria, and poor federalcompliance. This article focuses on federal noncompliance: theextent of agency violations, structural and political reasonsfor noncompliance, and the success of efforts to modify andimprove the system. The study draws on a 1981 survey of RegionV areawide clearinghouses and the author's experience as a 1980–1981NASPAA Faculty Fellow with the Chicago Federal Regional Council.     

Second Thoughts on Europe's "Third Level": The European Union's Committee of the Regions

The Maastricht Treaty provided for a consultative Committeeof the Regions to bring the European Union's "third level" intothe deliberation of legislation. It began to operate in early1994. This article assesses its creation and recent activityagainst the expectations and demands that were expressed atthe outset, looking in turn at the representative, advisory,and symbolic functions the new body can perform. What emergesis a largely symbolic body that suffers from entrenched internaldivisions and functional overreach in the absence of any realinfluence on the Union's policymaking process. The danger isa downward spiral of progressive obscurity and the frustrationof its members' aspirations.