Devolution of Devolution of Federalism (1980-2001)Federalism (1980-2001)

By: Christen, Mark, Dania, Ashley, Nina, Kate, and Hannah

What is Devolution?What is Devolution?

The surrender of a function by a superior government to a subordinate government that is generally complete, permanent, and of constitutional magnitude.

Why did Devolution occur?Why did Devolution occur?

In 1964, Lyndon B. Johnson began his “War on Poverty”◦The federal government began to give state

governments grants to further this program The grants concerned only the federal programs

and not state needs.The people began to feel as if the federal

government had overstepped its boundaries.

Acts in DevolutionActs in Devolution

Temporary Assistance for Needy Families Act (TANF/1997)—returned administrative power over social welfare to the states.

Unfunded Mandates Reform Act(1995) —Banned unfunded mandates◦Helped the states manage their budget easier.

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 —Added a workforce development component to welfare legislation and encouraged employment among the poor.

How these acts influenced How these acts influenced federalismfederalism

Gives more responsibility to states.◦Allows to act independently for their own needs

instead depending of the federal government.

Gives states more control over their budget.

States were able to challenge federal programs.

Court CasesCourt CasesWebster vs. Reproductive Health Webster vs. Reproductive Health

Services (1989)Services (1989)

Missouri enacted a legislation placing restrictions on abortion and it was taken to court.

Ruling: ◦ several state abortion restrictions are constitutional ◦ in upholding most of the restrictions the Court invited the

states to begin to enact new state restrictions◦ Congress does not have the authority to decide abortion

laws for states.Relation to federalism

◦ States were given the power to choose their own stance on abortion and make their own laws. This decreased the power of Congress in controlling the states.

Court CasesCourt CasesSeminole Tribe vs. Florida (1996)Seminole Tribe vs. Florida (1996)

Congress passed the Indian Gaming Regulatory Act, forcing states to negotiate with local Indian tribes about gambling.

Ruling◦ Congress can’t impose a duty on the states to negotiate

with Indian tribes because states have “sovereign immunity” that protects the states from being forced into a court case by the federal government.

Relation to federalism: ◦ States have more power over regulating their own

business. This case also created the idea of states having a “sovereign immunity” that allowed them to deny requests from the federal government.

Court CasesCourt CasesUS vs. Lopez (1996)US vs. Lopez (1996)

A student was caught carrying a concealed handgun to school in San Antonio, Texas.

Ruling◦ Congress doesn’t have authority to regulate guns within

1,000 feet of public school because only states have this authority This has no connection to commerce clause of Article I.

Relation to federalism: Congress would be presumably taking control of some of the gun laws for states which leads to disagreement on whether it would be necessary for protection

Court CaseCourt CaseFlorida Prepaid vs. College Savings Florida Prepaid vs. College Savings

Bank (1999)Bank (1999)

The case started as something unrelated but brought up an interesting debate.◦ Can Congress change patent laws to affect state

immunity?Ruling:

◦ No, Congress can’t change patent laws to affect state sovereign immunity

Relation to federalism:◦ Congress lacks authority under commerce clause and

patent clause to eliminate sovereign immunity because Congress would be manipulating the states’ decision on laws to admit federal control over its choice

Short Term/Long Term Affects on USShort Term/Long Term Affects on US

Short Term:◦ The destruction of unfunded mandates allowed the state

governments to spend more money on what they thought needed improving.

◦ 1998—Major budget surpluses in state budgets Total exceeding $30 billion

Long Term:◦ State governments couldn’t take the strain of the new

responsibilities given to them. By 2003, budget shortfalls of different states exceeded

$30 billion◦ State governments ultimately fell back to relying on

federal government to bail them out.

Work SitedWork Sited

http://www.britannica.com/EBchecked/topic/155042/devolution

http://www.nyls.edu/centers/projects/visual_persuasion/visual_litigation/litigation_public_relations/bush_v_gore

US Government Textbook