Day: November 30, 2009

Federalism–The Series–Part 4–The Powers

Inkwell Institute

Professor’s Classroom

Subject:  Political Theory/American History/Government

You now have a definition of federalism and you have the types and the whys….now do you know what powers the states have under the federalism cloak?

State Government Powers

As the Tenth Amendment clearly states, those powers not delegated to the national government are reserved to the states. However, the Constitution is almost silent on what these powers might be. The only significant state power specifically mentioned by the Constitution is the ability of the states to call for a constitutional convention and to ratify (or reject) proposed amendments to the Constitution.

Many constitutional scholars have assumed that those powers not mentioned at all in the Constitution were intended to be left to the states. The most significant policy area over which state and local governments have exercised almost complete control has been public education. While the national government has provided hundreds of billions of dollars to help pay for the provision of elementary, secondary and higher education, it has, for the most part, left the details of education policy to the states. Additionally, state and local governments are the exclusive providers (or regulators) of public utilities and services such as water, sewage systems, garbage removal and the maintenance of streets. Most of the other powers traditionally exercised by the states are not exclusively state powers, but rather powers that are shared by both national and state governments (see below).

Limits on State Power

The Constitution includes several prohibitions on state behavior. Most notably, states cannot:

  • Make treaties with foreign governments
  • Print or coin their own money
  • Overrule civil judgments (such as divorce settlements) of courts in other states
  • Treat nonresidents differently from residents (except for charging nonresidents more than residents for tuition to attend state colleges and universities)
  • Refuse extradition requests from other states (if someone is charged with a crime in another state, a state must surrender the suspect to the state where the crime was committed)
  • Wage war against other states or nations

Now the powers that the state governments have is known…but there is more….in 1999 Pres. Bill Clinton issued Executive Order #13132 and defined Federalism thusly:

Fundamental Federalism Principles. In formulating and implementing policies that have federalism implications, agencies shall be guided by the following fundamental federalism principles:      (a) Federalism is rooted in the belief that issues that are not national in scope or significance are most appropriately addressed by the level of government closest to the people.
(b) The people of the States created the national government and delegated to it enumerated governmental powers. All other sovereign powers, save those expressly prohibited the States by the Constitution, are reserved to the States or to the people.
(c) The constitutional relationship among sovereign governments, State and national, is inherent in the very structure of the Constitution and is formalized in and protected by the Tenth Amendment to the Constitution.
(d) The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives.
(e) The Framers recognized that the States possess unique authorities, qualities, and abilities to meet the needs of the people and should function as laboratories of democracy.
(f) The nature of our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. In the search for enlightened public policy, individual States and communities are free to experiment with a variety of approaches to public issues. One-size-fits-all approaches to public policy problems can inhibit the creation of effective solutions to those problems.
(g) Acts of the national government–whether legislative, executive, or judicial in nature–that exceed the enumerated powers of that government under the Constitution violate the principle of federalism established by the Framers.
(h) Policies of the national government should recognize the responsibility of–and should encourage opportunities for–individuals, families, neighborhoods, local governments, and private associations to achieve their personal, social, and economic objectives through cooperative effort.
(i) The national government should be deferential to the States when taking action that affects the policymaking discretion of the States and should act only with the greatest caution where State or local governments have identified uncertainties regarding the constitutional or statutory authority of the national government.

The Clinton admin wanted to redefine federalism….and they were very successful and his order can be blamed for a lot of the problems that states are feeling in their financial situations.

The executive order is a way around the pesky congressional process…….

Just Say No To Health Reform Bill

There are some on the Left that say NO to the proposed health reform bill and they do have reasons other than the trash that the Repubs try to throw at the public.

The primary problem with HR 3962 and the Senate proposals is that all of the changes they propose are made within a for-profit system. The House Bill strips the insurance companies of the right to deny coverage based on a pre-existing condition. Yet, it de-links the public option from Medicare reimbursement rates, thereby surrendering
pricing to the private sector. The Bill removes the anti-trust exemption enjoyed by private insurers. However, it simultaneously mandates that all Americans carry some form of health insurance, thereby herding millions into low-coverage high-fee private plans. Each step in a positive direction is coupled with a restructuring that will enrich private insurance companies and pharmaceutical makers.

The bills lost further reform credentials as Democrats cut last minute deals with Republicans.  Immigrants were removed from eligibility for the public option, abortions were written out of the proposal and Medicare funding was cut. The Medicare cuts are particularly cruel, since they will reduce an already compromised plan to bare bones coverage. Some of the cuts will limit private insurance profiteering, but others will slash necessary items such as exercise programs for seniors. Overall, these omissions signal that the reforms are not about providing comprehensive medical coverage, but about political expediency within the establishment political class. The next round of negotiations in the Senate is sure to produce even further regressive measures as campaign-donation driven legislators cut more deals.

The Left of the Dem Party was instrumental in the formation of the whole health reform issue and now with a vote coming soon to a Congressman near you….they are starting to show that they do NOT support a watered down bill just to get a win in the column….they want REAL health reform and not some pale imitation of it.

But the bill will go forward and most likely before the end of the year and yes, we will have a health reform bill for the president to sign….but willit be a good bill or just a bill to say they have a win……in my opinion, it will be anything but a good bill….it will be a win and that is the only good thing that can be said about the new health reform bill….