Federalism in the United States: Difference between revisions

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== New federalism ==
{{main|New Federalism}}
Another movement calling itself "New Federalism" appeared in the late 20th century and early 21st century. Many of the ideas of New Federalism originated with [[Richard Nixon]].<ref>{{Cite web|last=Katz|first=Bruce|date=2014-08-11|title=Nixon’s New Federalism 45 Years Later|url=https://www.brookings.edu/blog/the-avenue/2014/08/11/nixons-new-federalism-45-years-later/|url-status=live|access-date=2021-08-29|website=Brookings|language=en-US}}</ref> 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 programs. Reagan's administration, however, introduced a practice of giving block grants, freeing state governments to spend the money at their own discretion. An example and the first case of this was ''[[Garcia v. San Antonio Metropolitan Transit Authority]]'' (SAMTA) (1985). Garcia was a worker for SAMTA and appealed that because SAMTA received federal money, that they had to abide by federal labor regulations. SAMTA argued that they did not because the money received was to be used at their own discretion and did not need to abide by federal statutes because they are locally operated and make decisions about the transit system. This gave more autonomy and power to the states by allowing them to use more discretion, not having to abide by federal regulations.
 
Under New Federalism, the question that is asked is may the federal government constitutionally command the states to carry out federal policy? For this, the courts use the anti-commandeering principle. "The anti-commandeering doctrine says that the federal government cannot require states or state officials to adopt or enforce federal law." This became the principle by ''[[New York v. United States]]'' (1992). In this case, New York sued the federal government, questioning the authority of congress to regulate waste management. The courts ruled that it violated the 10th amendment because congress made the state of New York commandeer to federal regulations when states already take legal ownership and liability for waste treatment. Establishing this principle, giving states more autonomy on issues that fall under their discretion.