Federal: Control of States

The federal government is forcing state governments to do its bidding, implying the states are subordinate to the federal government. The tenth amendment to the Constitution, however, states that powers not specifically given to the federal government are reserved for the states. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Seceding seldom succeeds, but Vermonters try

And its keynote – that separating from the United States is a just remedy for the federal government’s trampling of state sovereignty – is echoing beyond the snow-capped Green Mountains.
From Hawaii to South Carolina, dozens of groups across America are promoting a similar cause. Their efforts aren’t politically popular – yet. But they are reviving one of the most passionate debates in US history: Can a state legally secede?
Source: Christian Science Monitor (online),
November 8, 2005

States Balk at National ID Card, Other Fed Mandates

States are continuing to see their authority stepped on by the federal government, something that not only curtails their independence in dealing with such matters as elections and education, but in the case of a new national ID card, could cost them financially, according to a new report.
In the report released Wednesday, the National Conference of State Legislatures, a bipartisan group meeting in Seattle this week, documents pending legislation that pre-empts state authority, a problem that many say has increased in the past few years.
Source: News Max, August 18, 2005

National ID card, eminent domain, could trample states’ rights

States are continuing to see their authority stepped on by the federal government, something that not only curtails their independence in dealing with such matters as elections and education, but in the case of a new national ID card, could cost them financially, according to a new report.
In the report released Tuesday, the National Conference of State Legislatures, a bipartisan group meeting in Seattle this week, documents pending legislation that pre-empts state authority, a problem that many say has increased in the past few years.
Source: Seattle Post Intelligencer, August 16, 2005

Officials say EPA out of line

Top Colorado officials are accusing the Environmental Protection Agency of trying to tell the state how to regulate its rivers and streams, challenging Colorado’s sovereignty over its own water.
The issue erupted recently when the EPA blamed pollution in the Dolores River on low flows, according to the state’s top environmental regulator and the state agriculture commissioner.
Source: RockyMountainNews (online), August 13, 2004

EPA Gets OK To Overrule States

The Supreme Court ruled Wednesday that the federal Environmental Protection Agency can override state officials and order some anti-pollution measures that may be more costly.
The 5-4 decision, a victory for environmentalists, found the EPA did not go too far when it overruled a decision by Alaska regulators, who wanted to let the operators of a zinc and lead mine use cheaper anti-pollution technology for power generation.
Source: CBS News (online), January 21, 2004

High Court Ruling Gives HMO Patients More Choices

The U.S. Supreme Court, in a decision that gives patients greater choice in medical care, on Wednesday ruled that states may require health
maintenance organizations to open their networks to any doctor in the region who agrees to abide by the plan’s rules.

Source: Reuters, April 2, 2003

Congress passes national .08 blood alcohol standard for drunken drivers

Congress passed a measure Friday adopting a 0.08 blood-alcohol level as the national standard for drunken driving — part of a $58 billion transportation spending bill….The measure requires states to adopt the stricter standard by 2004 or face penalties.
Source:  CNN.com,
October 6, 2000

The New Federalism

Senator Richard Lugar’s staff says the senator sees nothing unusual or sinister about it.  Rep. Bob Barr’s staff didn’t know anything about it. But more and more congressmen are getting phone calls and messages from suspicious constituents who are wondering what President Clinton is trying to pull.  To traditional big government advocates, it may be a dream come true but to critics, a new executive order which the president signed and which will take effect by August 14th looks dubiously like a federal monarchy.

Source: Free Congress Foundation, 1998

President Clinton’s Sellout of Federalism

On May 14, 1998, without much fanfare or public attention, the White House released a new executive order on federalism. President Bill Clinton’s Executive Order 13083 revokes E.O. 12612, issued by President Ronald Reagan in 1987. The Clinton executive order outlines a series of new “Federalism Policymaking Criteria” that executive branch departments and agencies must follow “when formulating and implementing policies that have federalism implications.” The guidelines establish broad but ambiguous and unconstitutional tests to justify intervention by the federal government in matters that typically are left to states and local communities.

Source: The Heritage Foundation, June 25, 1998

Executive Order 13083

Read President Clinton’s order for a new Federalism.

Source: The White House, Office of the Press Secretary

Tough new laws on soot and smog announced

Vice President Al Gore and Environmental Protection Agency
Administrator Carol M. Browner announced new laws to control air pollution.
“States will have until at least 2003 to tell the EPA how they intend to reduce smog, or ozone, and until 2012 to start making those plans a reality.”

Source: The Washington Times (online), July 17, 1997

Criminal-Background Checks

The Brady Act required that states perform background checks on gun buyers. That provision of the Brady Act was declared unconstitutional by the Supreme Court. In response to that decision of the Supreme Court, President Clinton requested that states continuing doing the background checks.

Source: The Washington Times (online), July 1, 1997

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

As explained by Senator Dianne Feinstein (D, California), the Act exerts control over the states by setting “security standards for key identification documents such as [state] birth certificates and [state] drivers’ licenses to prevent fraud and counterfeiting.”

Source: Senate.gov

Increased Federal Enforcement of Environmental Laws

The Denver office of the Environmental Protection Agency (EPA) will set up an office in Utah to enforce federal laws and regulations about the environment. The new office is expected to be operational in August (1997).

Source: The Salt Lake Tribune, June 9, 1997