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.