Federalism and Balance

New federalism addresses two basic elements of American constitutional federalism. The first is the division of powers and functions between interchange and state government. The Tenth Amendment to the Constitution addresses this point in reserving to the states, "or to the people," all powers "not delegated to the United States by the Constitution, nor prohibited by it to the States." The second is the stipulation of the Supreme Court as the referee of jurisdictional disputes between the federal and state governments. So foresighted as these elements of federalism are in sleep, the federalist trunk provides a greater measure of liberty for all Americans. But, the new federalists fail to accolade this arrangement in claiming too much for the states. Their arguments undermine the balance of power, and, rather than solving the problems they find in the central government, fracture the problems to the states. The reasoning behind these ideas is based on a rely for greater liberty, but the true motivations of the current federalists are cerebrate less to improving liberty than to forwarding political ends.

though it is more accurate to say that those who favor a fit federalism are "federalists," current groups calling for the "devolution" of power from majuscule to the state capitals have adopted the label for themselves. As McClay points out, however, it is requirement to distinguish between federalist and libertarian goals among these federa

Du Pont, Pete. " plead the Tenth: With the Demise of Liberalism, Can Federalism Be Brought Back to Life." depicted object Review, 27 November 1995, 50-53.

Ambitious tameing governors have taken the lead in claiming that the states can do a much better telephone circuit in administering social public assistance programs than Washington has done, and that the well-being system is not the province of the central government. The latter claim is true. But, it is compromised by its association with other goals--saving money and reforming personal morality and responsibility. clams governor John Engler expresses the basic Republican premise that "welfare reform must save money.

" The sad facts, however, are that welfare reform is very expensive, and that the states are unlikely to do a better seam, while, at the same time, they will impose grave hardships on needy people without really producing any greater personal responsibility among welfare recipients. In Michigan, Engler says, "welfare reform means formulate," but this is a very hollow claim. The "work" that Engler refers to means "work activities," which can "range from attending classes to checking a book out of the library," and less than 1% of Michigan welfare recipients are in actual "workfare jobs." Welfare reform that cover all the retraining and forced work initiatives called for by the congressional Republicans, would as well include such items as "supervisors, day care, and the like," and would truly cost an additional "$6,000 per recipient." This was certainly the experience of California where a workfare program test cost "an average of $4,515 per participant" for job training and other items. And, the states are no better at administration either. In Illinois, for example, a workfare program "paid a car wash to train new employees--for six months."

Federalists should also applaud the decision of the Court in the case of U. S. limit Limits, Inc. v. Thornton (1995) in which the Court ruled that an amendment to
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