Devolution (1980

KD, Austin, Wade, and Evan

 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.

 Started it all by his idea of stronger state power  Attacked Grant-in-aids because they imposed the federal

priorities on the states.  Cut income taxes and cut spending on federal domestic programs  Denied grants for the first time in 30 years.

 Created new block grants  Broad grants to states with few strings attached  Improved states’ roles and ended general revenue sharing  Typically for health, income security, education, and

transportation  George Bush Sr. mainly continued what Reagan started

 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.

 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.

 States had a hard time balancing their budget  Because of struggling economy, high cost of welfare and

education, and the terrorist attacks on 9/11  Shortfalls of $30 billion force states to raise taxes or cut services  Emergency funding to states adds to the growing National debt  9/11 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.

 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.

 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.

 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.