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      New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states. The primary objective of New Federalism, unlike that of the eighteenth-century political philosophy of Federalism, is the restoration of some of the autonomy and power, which individual states had lost to the federal government as a result of President Franklin Roosevelt's New Deal policies. Many of the ideas of New Federalism originated with Richard Nixon.
      As a policy theme, New Federalism typically involves the federal government providing block grants to the states to resolve a social issue. The federal government then monitors outcomes but provides broad discretion to the states for how the programs are implemented. Advocates of this approach sometimes cite a quotation from a dissent by Louis Brandeis in New State Ice Co. v. Liebmann:

      It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.


      On the Supreme Court


      From 1937 to 1995, the Supreme Court of the United States did not void a single Act of Congress for exceeding Congress's power under the Commerce Clause of the United States Constitution, instead holding that anything that could conceivably impact interstate commerce was subject to federal regulation. It was thus seen as a (narrow) victory for new federalism when the Rehnquist Court reined in federal regulatory power in United States v. Lopez (1995) and United States v. Morrison (2000) by limiting Congress’s power to legislate under the Commerce Clause.
      The Supreme Court, in Gonzales v. Raich (2005), held that the federal government could outlaw the use of marijuana for medical purposes under the Commerce Clause even if the marijuana was never bought or sold, and never crossed state lines. Justice O'Connor dissented in Gonzalez, beginning her opinion by citing United States v. Lopez, which she followed with a federalist reference to Justice Louis Brandeis's dissenting opinion in New State Ice Co. v. Liebmann.


      Education


      Education has been controversial under New Federalism, but for different reasons. Almost all groups, state and federal, agree that a controlled education system is absolutely critical. The division, however, is that some believe that the education system should be nationally united (and therefore controlled by the federal government), while opponents believe that education should vary by state (and therefore be controlled by the state governments).
      Some New Federalists, such as President Ronald Reagan, have flirted with the idea of abolishing the Department of Education, but the effort has been unsuccessful. During the Presidency of George W. Bush, the President and Congress cooperated to pass the No Child Left Behind (NCLB) legislation, which required states to meet federal testing standards. Utah was the first state to reject NCLB, and the Attorney General of Connecticut sued the federal government for underfunding NCLB.
      In April 2017, President Donald Trump used an executive order to lessen federal influence over education.


      Related legislation


      1971: Legacy of parks
      1972: State and Local Fiscal Assistance Act PL 92-512
      1995: Unfunded Mandates Reform Act of 1995 PL 104-4
      1996: Personal Responsibility and Work Opportunity Act PL 104-193


      See also




      Citations




      General and cited references


      Gerston, Larry N. (2007). American Federalism: A Concise Introduction. Routledge. ISBN 978-0765616715.
      Katz, Bruce (August 11, 2014). "Nixon's New Federalism 45 Years Later". Brookings Institution. Retrieved August 29, 2021.
      O'Connor, Karen; Sabato, Larry J. (2008). American Government: Continuity and Changes. New York: Pearson Longman. ISBN 978-0321097125.

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    New Federalism - Wikipedia

    New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states.

    New Federalism (Reagan) - Federalism in America - CSF

    Nov 28, 2018 · For the type of federalism called New Federalism (Reagan) to distinguish it from Nixon’s New Federalism, Reagan campaigned and sought to govern on the platform that “the most important cause of our . . . problems has been the government itself.”

    What is New Federalism? (with pictures) - America Explained

    May 17, 2024 · The accretion of more power to the federal government increased through the 20th century, as the idea took firm hold that government could cure all ills — political, social and economic. The new federalism anticipated state governments benefiting from that idea.

    New Federalism Definition, History & Examples - Lesson

    Nov 21, 2023 · The term New Federalism refers to a political philosophy of devolving certain political powers from the United States federal government to state, and sometimes local governments.

    New federalism - (US History – 1945 to Present) - Fiveable

    New federalism aimed to decentralize power by transferring responsibilities from the federal government back to the states. This shift allowed states to have more control over various programs, particularly in welfare and economic initiatives.

    New Federalism - (AP US History) - Fiveable

    New Federalism was a significant shift from the earlier era of expansive federal programs established during the New Deal and Great Society. One of the key features of New Federalism was the introduction of block grants, which allowed states to have more control over how federal funds were spent.

    Devolution: The New Federalism An Overview - Federal …

    recent years, a growing number of scholars and policymakers have concluded that the federal government has become too large and powerful, intruding into affairs better handled by states and munic-ipalities.

    Federalism in the United States - Wikipedia

    New Federalism, which is characterized by a gradual return of power to the states, was initiated by President Ronald Reagan (1981–89) with his "devolution revolution" in the early 1980s and lasted until 2001. Previously, the federal government had granted money to the states categorically, limiting the states to use this funding for specific ...

    Technology Federalism: U.S. States at the Vanguard of AI …

    Feb 10, 2025 · 88 The phrase “new federalism” is, itself, hardly new. It has been used since at least 1907. See George Gray, The New Federalism: Annual Address at Pennsylvania Bar Association Thirteenth Annual Meeting, Bedford Springs, Pennsylvania, June 25, 1907 (Farmington Hills, MI: Gale, 2010). More recently, the phrase has frequently been used to ...

    The New Federalism - The Atlantic

    May 6, 2020 · Day by day now, states are creating a new federalism: pushing back against ill-conceived directives from Washington, D.C. (as in Maryland Governor Larry Hogan’s case with National Guard troops);...