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- New Federalism Definition, History & Examples - Lesson ...
- What is New Federalism? (with pictures) - America Explained
- New federalism - (US History – 1945 to Present) - Vocab ...
- Nixon’s New Federalism 45 Years Later - Brookings
- Devolution: The New Federalism An Overview
- The New Federalism - The Atlantic
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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 · By separating and reassigning federal and state policy responsibilities, Reagan’s New Federalism resembled dual federalism more than the creative federalism of the previous …
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 …
What is New Federalism? (with pictures) - America Explained
May 17, 2024 · New Federalism was the answer proposed by many to try to return power to the states, which they felt had been usurped. During the latter half of the 20th century, there was …
New federalism - (US History – 1945 to Present) - Vocab ...
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 …
Nixon’s New Federalism 45 Years Later - Brookings
Aug 11, 2014 · Taking to national television six months into his first term, Nixon presented a bold vision of what he called “the New Federalism,” detailing his overarching domestic affairs …
Devolution: The New Federalism An Overview
federal aid, the conversion of matching grants to block grants, greater flexibility for states in implementing federally funded programs, and curtailment of federal mandates. Their program …
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 …
How is Utah expanding education on federalism? – Deseret News
1 day ago · A bill to expand the state’s Federalism Commission and provide more provisions around federalism in the state advanced through House committee on Wednesday. HB488 is …
New Federalism - (AP US History) - Vocab, Definition ...
New Federalism is a political philosophy that aims to shift power and responsibility from the federal government back to the states, emphasizing a decentralized approach to governance.