Congress and Reagan's New Federalism

This article analyzes the congressional response to the Reaganadministration's New Federalism proposals in terms of party,region, and constituency during Reagan's first term. While theCongress approved various spending cuts in grants to local andstate governments and in means-tested benefit programs to thepoor, even in 1981 when New Federalism initiatives enjoyed themost success, Congress terminated only one program, CETA publicservice jobs. A stalemate developed in 1982. The Reagan administrationand the congressional Republicans could not impose further majorspending cuts or program terminations, and the congressionalDemocrats could not restore the 1981 cuts or add new aid programs.Although the stalemate continued on New Federalism's dismantlingof aid programs as a grand scheme even into 1985, after PresidentReagan's reelection, Congress continued to approve incrementalcuts in overall spending, and the $200 billion budget deficitremained as a lever to force even greater cuts and program terminationsin the years ahead.     

Federal Preemption Under Reagan's New Federalism

Ronald Reagan defined his federalism program in terms of returningpolitical power to state and local governments. In practice,he was Janus-faced with respect to his views on domestic policyissues. His "public" face emphasized initiatives promoting areturn of political power to the states and local governments.His "silent" face encouraged additional centralization of politicalpower in several functional areas, and he signed bills prohibitingstate economic regulation of certain industries. Most of Reagan'sinitiatives were administrative, and increased to a limitedextent the discretionary authority of states. In general, thepresident favored a smaller federal regulatory role but notnecessarily a larger state and local government role. He signedtotal preemption bills granting greater freedom of action tothe banking, communications, and transportation industries,and tax sanction and crossover sanction bills. At the closeof his administration, intergovernmental relations were morecoercive than they had been in 1980.     

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.     

Assisted Housing and Reagan's New Federalism: The Colorado Experience

This article considers assisted housing policies during theReagan administration relative to four dimensions of what DeilS. Wright has called a "restoration" strategy: decongestion,devolution, decrementalism, and deregulation. General evidencesuggests that decrementalism has been the major thrust in assistedhousing policy, and evidence from Colorado seems to underscorethat general evidence. Questionnaire and interview data fromColorado housing authority directors do not indicate perceptionsof increased decongestion, devolution, and deregulation duringthe Reagan years. Decrementalism, the only dimension that housingauthority directors perceive to have come about, is not perceivedto have lessened regulation or to have brought about greaterlocal decisionmaking responsibility.     

New Federalism and Environmental Policy

This article examines the degree of correspondence between theconceptual underpinnings of President Reagan's New Federalismand the willingness and capacity of states to assume a largershare of environmental responsibilities. The findings indicatethat many of the states have not replaced federal aid reductionswith own-source revenues. Replacements that did occur were limitedto a single year and primarily in the area of hazardous wastemanagement grants. The implications of these findings are that"decentralization and defunding" of federal programs in theenvironmental area may have had an adverse effect on the states'ability to provide solutions to pressing environmental problemsin the first half of the 1980s.     

Economic Globalization and the Shifting Boundaries of German Federalism

As in many other nations, economic globalization underminedthe economic policymaking autonomy of the German federal government.At the same time, it prompted decentralization of other kindsof economic policymaking authority within the federal system.Thus, the Länder have assumed increased responsibilityfor regional economic adjustment through the expansion of regionaleconomic policy networks. The economic impacts of globalizationand the decentralization of economic policymaking, however,combine to promote greater disparities among the Lander. Thesedisparities exacerbate growing competition among the Länderfor investment and publicresources. This, in turn, creates deeperconflict among constituent governments that threatens to weakenfurther the problem-solving capacity of cooperative federalism.     

Federalism in Nigeria's New Democratic Polity

In the aftermath of military rule, Nigeria's new civilian, democraticfederal system is highly centralized while also being fragmentedsubnationally. There is much pressure to reconstitute the federalsystem, devolve powers, provide for a more equitable distributionof natural-resource revenues and other revenues, and use statesto advance ethno-religious identities. Although federalism islikely to survive in Nigeria, political leaders need to developa culture of intergovernmental consultation and cooperationin order to solve the federation's problems more peacefullyand expeditiously.     

New Federalism Modified: Jobs and Highways in New York

The Job Training Partnership Act of 1982 (JTPA) and the SurfaceTransportation Assistance Act of 1983 (STAA) were intended inpart to stimulate the American economy out of recession. Eachlaw embodied a different approach to that goal and, hence, poseddifferent implementation challenges to the states. JTPA wasintended to decentralize decisionmakingand administration tothe states, and to in volve the private sector in state andlocal decisionmaking processes. Moreover,the level of federalaid was reduced below that available under its predecessor,the Comprehensive Employment and Training Act (CETA). STAA wasintended to inject increased federal funds for rebuilding roadsand highways. Its stipulation that states bring their standardsfor truck dimensions and routes into line with new nationalstandards was a centralizing feature of the legislation. Inexamining responses of the states in 1983 to these laws, particularlyNew York, decentralization appeared to be on track in the earlyimplementation of JTPA. The level of involvement of governorsand, to a lesser extent, legislatures was higher than underCETA. The implementation of STAA revealed both decentralizingand centralizing features at work. Participation of the NewYork legislature in deciding how the increased highway fundswere to be spent was much higher than before STAA, but conflictsbetween the national and state governments over the new nationalstandards were resolved in favor of the national government.     

The Past and Future of the New Judicial Federalism

This article argues that the new judicial federalism, the increasedreliance by state judges on state declarations of rights tosecure rights unavailable under the U.S. Constitution, representsnot a return to an earlier federalism but rather something new.Although the basis for a state civil liberties jurisprudencehad long existed, the "discovery’ of state constitutionalguarantees did not occur until the Warren Court pioneered anapproach to civil liberties that state courts could emulate.This "discovery" has led to only intermittent reliance on stateguarantees. Nonetheless, it is unlikely that state judges willreturn to the total deference to federal rulings in civil libertiescases that characterized preceding decades.     

New Federalism and Midwestern Cities: 1981-1985

President Ronald Reagan introduced a major new domestic initiativeduring his first term. The intent was to reduce the size andscope of the federal government and to increase the fiscal responsibilityof local governments. Mail questionnaires were sent to mayors,city managers, and finance officers in cities over 25,000 populationin Illinois, Indiana, Michigan, and Wisconsin asking the respondentsto indicate their perception of the impact the Reagan programhad had on their cities in the previous year and their perceptionof its anticipated impact. Response rates were nearly 50 percentfor each survey. The respondents consistently overestimatedthe impact the Reagan program would have on their cities. Thefollowing analysis explores the relationship between perceivedeffects and city and respondent characteristics, such as size,partisan identification, and state. While the Reagan policieshave had a substantial impact on these cities, the impact isnot as negative as the respondents originally thought.     

Justice George Sutherland and Commerce-Clause Federalism Before the New Deal

The jurisprudence of Justice George Sutherland illustrates howthe U.S. Supreme Court justified commerce-clause federalismbetween the end of the Civil War and the ascendancy of the NewDeal. Sutherland presented a constitutional and political defenseof federalism grounded in American natural-rights theory. Thisdefense presents arguments that federalism's skeptics and defendershave not considered sufficiently. Skeptics tend to argue thatis impossible to maintain a federalist constitutional arrangement;Sutherland's defense shows how to do so. Federalism's supporterstend to defend the commerce clause on negative grounds, thatit limits government power by forcing the states to competewith each other and Congress to compete with them all. Sutherland,however, drew on a tradition of political theory which stressedthat commerce-clause federalism offered positive benefits bykeeping the federal government lean and mean. It barred Congressfrom regulating on subjects about which it was less informedand competent than state legislators and regulators. By focusingthe federal government on truly national objects like interstatetrade, it left most regulation where citizens could see it-locally.According to this tradition, the commerce clause played a criticalrole in making the national government energetic and effective,and it also ordered local political processes so as to makecitizens self-reliant and fit for republican self-government.     

The Economics of Nigerian Federalism: Selected Issues in Economic Management

Nigeria's economic difficulties are due primarily to public-sectormismanagement exacerbated by the dynamics of federalism andstate creation and by the growth in centralized federal power.Monetary policy has been inadequate, fiscal policy has rewardedstate governments but not brought their spending policies inline with their own resources and with national economic objectives,and resources have been consistently misallocated, largely becauseof the principle of "federal character." Recent efforts to deregulateand privatize the economy show promise, but the success of economicdevelopment will depend greatly on the future civilian or militarygovernance of Nigeria.     

Australia's New Federalism: Recipes for Marble Cakes

In July of 1990, the prime minister of Australia announced aprogram to achieve a closer partnership between the three levelsof government. His concern was the degree of bureaucratic overlapin the Australian federation and the hindrances to mobility,portability, and uniformity which made the Australian economymore balkanized than Europe post-1992. The announcement capitalizedon dissatisfaction with Australian federalism that had beengrowing in the 1970s and 1980s, and its timing coincided witha range of catalysts making the current climate favorable forchange. The new federalism unleashed a process of review andreform across some forty program or subprogram areas over aneighteen-month period with a prime objective to attain roleclarification for the three levels of government in shared functionalareas, somewhat akin to the German horizontal model of federalrole allocation. The process survived a political challengethat toppled the prime minister, aspects of the new federalismforming a key element of that challenge. Constitutional changeis also part of the agenda and already the Australian experienceholds a number of lessons for other federal systems.     

Environmental Federalism at Decade's End: New Approaches and Strategies

This article examines several recent trends in environmentalpolicy that may have important effects over the next decadeon federal-state relations and on the nation's environmentalquality. It focuses on the Environmental Protection Agency'sefforts to "reinvent" environmental regulation and to encouragecommunity-based environmental protection as a more effectiveand acceptable approach to environmental policy. We considerthe extent to which these new directions are likely to improverelations between the federal government and states, localities,and the private sector, and to achieve desired levels of environmentalprotection in the United States. The new approaches are highlypromising; yet they also face significant barriers to implementation.Congressional reform of the key statutes could lend much-neededsupport to such efforts.     

Early Findings About the Newest New Federalism for Welfare

The article overviews initial findings from a multi-state studyon state implementation of the 1996 welfare reforms. Statesare responding to a law that is somewhat contradictory: it grantsthe states greatly increased fiscal flexibility at the sametime that it sets extensive and elaborate new behavioral requirements.Among the initial findings, one of the surprises is the degreeto which the 1996 reform has promoted "second-order devolution"from states to localities. It has also reinforced and heightenedthe emphasis on "work first, " placing people in jobs as thefirst step in the welfare process with states developing a varietyof innovative approaches in this regard. The most crucial challengenow is the creation of information systems to manage state andlocal welfare and social programs and to track recipients bothduring the time and after they receive cash benefits and socialservices.     

Forty Years of German Federalism: Past Trends and New Developments

This article traces the major developments in German federalismfrom 1949 to the present. From a system based on a concept of"dual federalism," which was different in important ways fromthe American system, German federalism became somewhat morelike the postwar American cooperative federalism. Criticismof this system in the 1970s led to various reform efforts, whichmade little headway until the 1980s and the formation of a CDU/CSU-FDPcoalition government under Chancellor Helmut Kohl. The "turnabout"promised by this government and carried out to some extent includedplans and policies to strengthen the Länder by some sortingout of functions. These efforts were successful at first, butthe federal government has oriented its policies more towardthe national arena. Financial constraints, the nationalizationof basic rights, technological concerns, and pressures by theEC have led to new tendencies toward intergovernmentalizingand centralizing the relations between the federation and Landgovernments.