FEDERAL-STATE RELATIONS IN THE IMPLEMENTATION OF SURFACE MINING POLICY

The federal Surface Mining Control and Reclamation Act of 1977 not only established national performance standards and permitting procedures for the coal industry, but also provided for stateprimacy. The principle of state primary is both simple and intuitively appealing: Because states do not have adequate resources to develop effective regulatory programs, the federal government would set up comprehensive procedures and criteria to guide the states in preparing their own plans. The obvious advantage of state primacy is that i t provides for flexibility in implementation.
Ultimately, state primacy is an experiment in cooperative federalism, a sharing of authority and responsibility between the states and the federal government to insure both the general welfare and sensitivity to local conditions. The history of surface mining regulation is instructive because i t points out the pitfalls and promise of cooperative federalism as well as the critical role of the courts in making state primacy work.     

Learning from the States? Federalism and National Health Policy

In its 1993 report, the Winter Commission gave direction to the federal government in the area of health policy and Medicaid: lead, follow, or get out of the way. This article examines how the federal government responded to that advice, specifically asking what has happened in the allocation of responsibility in health policies between 1993 and 2006. In short, unlike the suggestion that there be a better‐defined direction in federal–state policy assignments in health, the ensuing years have resulted in more of the same. The authors examine what has happened, particularly focusing on vertical diffusion—where the states have acted first—and on the role of policy learning in federal decision making. They find little recognition of policy learning in recent federal health laws—even in areas in which state experience was extensive. The federal government is leading in some health policies—but it is leading without learning.     

State Health Policies, Federalism, and the Elderly

This article examines recent state health policy efforts forthe elderly and their implications for future federal and stateroles. States have been particularly active in creating programsto address the needs of the chronically ill and in seeking tomodify regulatory policies and promote private sector efforts.Those efforts have involved relatively autonomous state programsas well as programs developed within the intergovernmental system.To meet the health policy needs of an increasing elderly population,future federal policies must recognize potentials for significantstate contributions and seek to minimize actions that reducepolicy innovation, while continuing to address the problem oflimited responses in low-performance states.     

THE STATES' ROLE IN POLICY IMPLEMENTATION: TRANSPORTATION POLICY

Over the past 25 years, the federal government has exerted a profound impact over transportation policy, with over one thousand policies and programs administered in 1979. States have been heavily involved in administering most of these programs. In the past, state and local governments have responded by raising the revenues necessary to match federal grants. Despite budget problems, the states' role is expected to continue.     

Federalism and Safety on America's Highways

Safety on America's highways has long been an important statepolicy issue, but since the 1960s Congress has used incentivegrants, crossover sanctions that threaten to withhold federalhighway funds, and diversionary sanctions that force statesto use highway funds for safety purposes as a means of compellingstates to adopt traffic safety policies. In an effort to promotepublic health, Congress has, at times, pushed states to adoptlower speed limits, mandatory motorcycle helmet laws, occupantprotection laws, and laws designed to deter impaired driving.This article examines which fiscal tools have been effectivein getting states to adopt traffic safety policies, how stateshave responded to changes in federal priorities on public healthgoals, and the implications of these policy efforts for publichealth.     

Policy Diversity and Policy Learning in a Federation: The Case of Australian State Betting Law

A case study of the evolution of gambling laws in Australiais the vehicle for an analysis of changing patterns of diversityand uniformity in state policies. A pattern of diverse responsesto the gambling problem in 1930–1960 is explained as theexpression of distinctive state political and other factors.In accounting for the rapid adoption from 1960 of a uniformpolicy in each of the states, explanations are sought both inthe changing nature of these differences and in the interactiveeffects of membership in a federal polity. Particular attentionis paid to the role of "policy learning" among the states andto the "domino effect" of state-by-state adoptions. It is concludedthat such "federal effects" can account for diversity givingway to uniformity in outputs, and that this uniformity doesnot imply a rejection of underlying rationales for federalism.     

Statutory Protection for Renters: Classification of State Landlord–Tenant Policy Approaches

There are many federal, state, and local laws governing the landlord–tenant relationship. Yet scholars know little about their variety and what impact differences among jurisdictions have on renters and rental housing markets. This article examines state-level landlord–tenant policy approaches to determine whether there is significant policy variation and whether states illustrate identifiable policy types. Using cluster and discriminant analysis, this research creates a typology of landlord–tenant policy approaches, finding three distinctive approaches: protectionist, probusiness, and contradictory. This research indicates there is significant variation among state landlord–tenant statutory policies, although states’ laws generally reflect one of three philosophies. These results are important for future studies on rental housing because treating all state rental environments the same masks important differences in rental experiences across states. As an illustration, this article finds that renters in protectionist and contradictory states move significantly more than renters in probusiness states do. Furthermore, understanding where renters have more or less legal protection allows policymakers and advocates to focus their efforts on areas where assistance is most needed.     

Likely effects of devolution on the redistributive character of policy agendas

This article assesses two competing views of the effects federal devolution may have on the future of health, education and welfare programs in the United States. One school of thought argues that devolution of social policy to the state and local level will have negative consequences for the less affluent. A contrasting view maintains that devolution will spur innovations at the state and local level, which in turn will lead to more effective and efficient social programs. Dileo analyzes presidential and gubernatorial speeches over a period of 5 years to assess the state of U.S. social policy. He concludes that the federal government is generally more supportive of redistributive policies than are the states.     

Federal Preemption of State Regulation of Insurance: End of a 200-Year Era?

This article examines state regulation of insurance, focusingon congressional and judicial attempts to displace state regulatoryprimacy over insurance. After describing the early period ofstate insurance regulation from the U.S. Supreme Court's decisionin Paul v. Virginia to the Court's overruling of that decision,the article examines the McCarran-Ferguson Act and the post-McCarranenvironment, including examples of judicial preemption of stateinsurance laws. Finally, the article considers the system ofinsurance regulation envisioned in H.R. 1290, the most recentcongressional attempt to displace state insurance regulation,and state initiatives to counter federal regulation. AlthoughH.R.1290 purports to setup a dual regulatory scheme, the broadpreemption language in the bill would allow federal regulatorsto preempt virtually all state insurance laws. Moreover, thedecisions of the Supreme Court in Garcia v. San Antonio MetropolitanTransit Authority and Chevron v. Natural Resources Defense Councilwould leave no political or judicial forum for states to debatethe extent and impact of federal preemption     

STATE FINANCE AND TAXING POLICIES

The states have moved through three distinct periods in finance and taxing policies. First, until the 1930s, states dominated over congress in taxing powers. During the Great Depression, many programs were initiated which involved the states in close grant-in-aid arrangements with the federal government. A second period was initiated during the 1960s. when the number of federally-funded grants exploded. States were soon involved in a variety of new responsibilities. This period has now been supplemented by a third, which is characterized by tax reductions and spending limits, often imposed through referenda.     

Federalism and regional interest intermediation in Brazilian public policies

Brazil became a highly decentralized country following democratization and the 1988 Constitution. The consequences of decentralization at the federal level are quite clear: the federal government is facing financial constraints and difficulties in building governing coalitions, allowing the Presidents to govern and to implement public policies, especially those concerning fiscal control. At the level of the states, however, the results of decentralization are quite heterogeneous given the country's high degree of regional inequality. The article identifies the cleavages and tensions surrounding federal–state relations, as well as the mutual dependency of the states and the federal government. It argues that the Brazilian experience of political and financial decentralization has contributed to the prospects of democratic consolidation and has forced the federal government to negotiate and compromise with subnational governments the implementation of national policies. On the other hand, the Brazilian experience highlights the constraints of decentralization in countries with deep‐rooted regional disparities. Furthermore, the financial weakness of the federal government which has been brought about by decentralization and by fiscal control brings new tensions to the federal arrangements and to public policies. Copyright © 1999 John Wiley & Sons, Ltd.     

When a Policy's Time Has Come: Cases of Rapid Policy Diffusion 1983-1984

Most students of policy diffusion have noted that new policieshave tended to be adopted by most American states in ever shortertime spans in the twentieth century. Historically, rapid policydiffusion has usually occurred only when the federal governmenthas served as a central propagating agency, especially whenit has used the incentive of grant funds. In the past decade,however, a number of policies have diffused rapidly (i.e., thirtyor more states adopting in one to five years, with little orno central propagation). During 1983–1984, two such policieswere laws mandating child passenger restraints and lemon-aidlaws. Two broad agenda items, education reform and driving whileintoxicated, also received much attention in 1984. A varietyof specific policies were enacted in a majority of the states.It would appear that some problems become so widespread todaythat proffered solutions are readily snapped up by state governmentsas though the policies were ones whose "time has come." Therapidity of their diffusion seems limited primarily by their"fragility," that is, the degree of perceived organized resistanceto their adoption.     

Preventing construction deaths: The role of public policies

Are stronger direct financial incentives or regulatory enforcement effective in reducing fatalities in the construction industry? We examine two important policies—state workers' compensation (WC) programs and federal and state Occupational Safety and Health Administration (OSHA) activities—which embody those strategies. We examine their impact by looking at state-level fatality rates in the construction industry from 1992 to 2016. Setting aside highway crashes and violence, the majority of employee deaths occur in construction. We find that states which exempt small firms from the requirement to buy WC insurance have higher fatality rates. When eligibility for compensation is restricted by longer waiting periods, fatality rates are substantially higher. More frequent federal or state OSHA inspections and, especially, consultation visits are associated with lower fatality rates, but higher average penalties are not. Limited variation in these policies over our sample period, especially for WC, makes these results suggestive rather than definitively causal.     

The Consequences of Shifting Control: Federal and State Distribution of Small Cities CDBG Funds in Four Southern States

Following the shift of the Small Cities Community DevelopmentBlock Grant program in 1982 from federal to state control, foursouthern states—Alabama, Georgia, Louisiana, and NorthCarolina—adopted policies intended to reduce, if not eliminate,the federal emphasis on housing rehabilitation and other activitiesthat benefit lower income groups. These states now emphasizepublic works projects, which benefit a broader spectrum of thepopulation, as well as policies designed to spread funds broadlyacross communities. As a result, the share of funds going tosmaller communities has increased substantially. States alsoappear to be allocating fewer funds to poorer communities thandid federal officials, although to date the difference is notsubstantial.     

The Federal Role in State Fiscal Stress

This article examines the extent to which the federal government'spolicies were responsible for the fiscal stress experiencedby most state governments in the early 1990s. Federal policieshave contributed considerably to recent state fiscal stress,particularly through the Medicaid program—the fastestgrowing part of state budgets—and the recession, whichdepressed revenue and increased welfare and Medicaid spending.Federal aid reductions have not been an important source ofrecent state fiscal stress. The real value of per capita federalaid other than for welfare programs fell considerably in the1980s, but the reductions were much greater for local governmentsthan for states. The largest reductions were in the early 1980s.Federal policies have affected state finances in several otherways—through tax policy, unfunded mandates, and the federalfailure to cope effectively with problems like health and poverty.Federal court rulings have also caused budget problems (as havestate court decisions). In some respects, state fiscal problemsare not a federal responsibility. Rising school enrollments,new corrections policies, and inelastic tax systems have createdfiscal stress for many states. Excessive state spending in the1980s has contributed to recent fiscal problems in some states,but not generally.     

Federal Intervention in the Management of Groundwater Resources: Past Efforts and Future Prospects

The role of the federal government in groundwater regulationis likely to increase over the next few decades. A combinationof events—including recent federal court decisions, pastfederal intervention in state groundwater utilization, the publicpronouncements by a variety of federal actors, and increasingconcern over the inability of states to control overdrafting—allsuggest that the federal role in groundwater management maybe increasing. These events are examined here, and it is arguedthat, without change in state groundwater management practicesto mitigate the negative effects of state competition for groundwater,federal intervention in groundwater management seems likely.     

FEDERALISM, POLICY, AND INNOVATION IN CORRECTIONS

State governments have historically dominated corrections policy, with little federal intervention. But over the past two decades, the trend has been toward "nationalizing" corrections policy, with less interstate variation and more federal standards, through the Safe Streets Act and other legislation. As federal funding declines, it may be expected that there will be a hiatus in state corrections reform, though national standards may survive if the federal courts continue to require state correctional systems to comply with federal laws previously implemented.     

Intergovernmental Relations in the Reagan Era

This article reviews federal Reagan-era policies that affected grant-in-aid programs to state and local governments. We find the most important developments in federal aid policies of the Reagan years are twofold—the relative decline in the national government's involvement in domestic affairs and the concomitant rise in the role of the states. The administration achieved these effects by devolving federal authority to states and by reducing grant spending. Reagan's biggest cuts in federal aid outlays came in 1981; in subsequent years, total grant outlays began to rebound, increasing in nominal dollars to levels above those in the Carter years, though still below the high-water mark reached in 1978 in real terms. Medicaid, the largest federal aid program, accounts for most of the overall growth, masking cuts in operating and capital grant programs. Reagan's devolutionary and retrenchment policies are one of several factors we see as contributing to the rising role of states in domestic affairs, a trend we think is likely to continue in the next administration.     

The National Minimum Drinking-Age Law

The National Minimum Drinking-Age Act of 1984 was hailed bysome observers as a welcome and appropriate exercise of federalpower. However, the act also constituted an invasion of states'rights. The act stipulates a minimum legal age of 21 for thepurchase or public possession of any alcoholic beverage, andincorporates sanctions against states whose laws are not incompliance. This article evaluates the constitutional basesfor federal intergovernmental regulation in a policy area dominatedby states since the repeal of prohibition in 1933 by the Twenty-FirstAmendment. It also considers the effectiveness of policies designedto prevent alcohol-related highway deaths, and the relativemerits of federal incentives or penalties to induce desiredbehavior by the states. The article concludes that the states,for which the Reagan administration's early theme of decentralizationwas so promising, may continue to find both their federal fundsand individual autonomy seriously compromised in the foreseeablefuture.     

The Decline of the Legislative Veto: Federal/State Comparisons and Interactions

Legislative veto systems originated in the 1930s. Their numberincreased steadily until the early 1980s and then declined significantly.The decline of the legislative veto is attributable primarilyto decisions by a number of state supreme courts between 1980and 1984, and by the U.S. Supreme Court in 1983. Almost allcourt decisions have held the legislative veto to be an unconstitutionalviolation of the separation of powers. In addition, most proposalsto authorize the legislative veto by state constitutional amendmenthave been rejected by voters. There has also been a decreasein legislators' enthusiasm for the legislative veto, even instates where it has not been declared unconstitutional. Legislatorshave found other ways to control administrative agencies. Inexamining the decline of the legislative veto, one finds thatthe federal government exercised little influence over the states,the states exercised still less influence over the federal government,but the states did significantly influence one another.