KD, Austin, Wade, and Evan

Devolution (1980-2001)

Devolution: a movement in the 1980’s to return administrative powers to the government.

Started by Ronald Reagan.First time since the New Deal that the

government took steps to expand state rights.

What is it?

Started it all by his idea of stronger state powerAttacked Grant-in-aids because they imposed the

federal priorities on the states.Cut income taxes and cut spending on federal

domestic programsDenied grants for the first time in 30 years.

Created new block grantsBroad grants to states with few strings attached Improved states’ roles and ended general revenue

sharingTypically for health, income security, education, and

transportation George Bush Sr. mainly continued what Reagan

started

Ronald Reagan

First Democrat in 12 years to be elected. (1992)Many state governors and the Republican party were

rebelling against the power of the Federal government.The Contract with America was a document in which

Republican candidates (later becoming Representatives) pledged to force a national debate on the role of the national government in regard to the states. A top priority was scaling back the federal government.

Very few of these acts passed the Senate to become law.Unfunded mandates cost nearly 30% of some local

budgets.National laws that direct state or local governments to

comply with federal rules or regulations but contain no federal funding to balance the cost.

The Unfunded Mandates Reform Act of 1995 prevented Congress from passing costly federal programs without debate on how to fund them.

Bill Clinton

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (signed by Clinton) Replaced existing welfare program, known as Aid

to Families with Dependent Children (AFDC) with Temporary assistance to Needy Families (TANF), a program of the administrative power for welfare programs to the states.

Programs like this made the states the best fiscal shape since the 70s.

Bill Clinton Cont…

States had a hard time balancing their budgetBecause of struggling economy, high cost of welfare

and education, and the terrorist attacks on 9/11Shortfalls of $30 billion force states to raise taxes or

cut servicesEmergency funding to states adds to the growing

National debt9/11 causes a massive expansion of the government

Bush forced to ask congress to create a new Cabinet department (the Department of Homeland Security)

No Child Left Behind Act (2002)Federal educational funding that required strict

guidelines.

George W. Bush

Webster v. Reproductive Health Services (1989) Issue: Are several state abortion restrictions constitutional?Decision: Yes. This causes states to begin to enact new

restrictions.New York v. Smith (1992)

Issue: Does the Low-Level Waste Act, which requires states to dispose of radioactive waste within their borders, violate the 10th amendment?

Decision: Yes. It forces states into service of the federal government.

U.S. v. Lopez (1997)Does Congress have the authority to regulate guns within a

public school?Decision: No. Gun Control is a state’s authority.

Supreme Court Cases

Seminole Tribe v. Smith (1996) Issue: Can Congress impose a duty on the states to

negotiate with Indian tribes?Decision: No. Federal Court has no jurisdiction over an

Indian Tribe’s suit to force a state to comply with the Indian Gaming Regulations Act.

Boerne v. Flores (1997) Is the Religious Freedom Restoration Act and its application

of local zoning ordinances to a church constitutional?Decision: No. Sections of the act are beyond the power of

Congress to force on the states.Printz v. U.S. (1997)

Can Congress force states to run background checks on citizens applying for a hand gun?

Decision: No. Congress cannot compel state officers to execute federal laws.

Continued…

Florida Prepaid v. College Savings Bank (1999) Issue: Can Congress change patent laws to affect state

sovereign immunity?Decision: No. Congress lacks the authority under the

Commerce clause and patent clause to eliminate sovereign immunity.

Alden v. Maine (1999)Can Congress void state immunity from lawsuit in state courts?Decision: No. Congress lacks authority to eliminate state’s

immunity in its own courts.U.S. v. Morrison (2000)

Does Congress have the authority to provide federal remedy for victims of gender motivated crimes under the commerce clause of the 14th amendment?

Decision: No. Portions of the Violence Against Women Act were found unconstitutional.

Last one…