Federalism DA

1. Uniqueness

A.States and Federal Government Work together
Randy Lilleston. "Bush: States and feds will work together on flood relief," USA TODAY 17 June 2008. July 10 2008
States and the federal government will work together on a "clear strategy" to help homeowners, farmers and ranchers affected by flooding in the Midwest, President Bush just said
from the White House.

C. Halvorson

Federalism DA

2. Links
A.State governors are leading efforts on alternate energy
Gregory Dierkers. “Recent State Actions Promoting Alternative Energy,”  May 7, 2007.  Accessed July 10, 2008, online.
Given recent energy price unpredictability and anticipated longer-term growth in energy demand, governors are leading efforts to conserve energy resources while actively seeking to diversify supplies by expanding renewable resources, including energy generated from solar, wind, hydropower, geothermal and biomass. In addition to providing protection against price volatility, these efforts can also reduce greenhouse gas emissions.

B. Any federal power reduces state sovereignty
John Yoo, Southern California Law Review, volume 70, p. 1352. 1997
It is important to note that Justice Kennedy did not differentiate between laws that regulated states qua states and those that regulated private parties in areas that might be thought to lie within state power.

Following Chief Justice Rehnquist's majority opinion, Justice Kennedy's concurrence treated the exercise of any federal power as a diminution of the power of the states and hence a reduction of state sovereignty.

C. Halvorson

Federalism DA

3. Impacts
A.Federalism protects us from tyranny
Ernest Young, Texas Law Review, November 2004, p. 59.
federalism has always been justified as a bulwark against tyranny. Madison extolled federalism as part of the "double security" that the new
More fundamentally, our Constitution would provide for the people; just as the three branches of the central government were to check one another, the state governments would check the center. As Lynn Baker and I have discussed elsewhere, Madison's discussion in Federalist 46 emphasized worst case scenarios, in which the states would have to oppose the national government militarily, and this emphasis has sometimes distracted critics of federalism from more prosaic - but also more relevant - mechanisms by which federalism protects liberty. Even in the Founding period, however, state autonomy buttressed individual liberty in other, less

States may oppose national policies not only militarily but politically, and in so doing they may serve as critical rallying points for more widespread popular opposition. Madison and Jefferson, out of national power
dramatic ways. to oppose the Alien and Sedition Acts.

during the Federalist administration of John Adams, worked through the Virginia and Kentucky legislatures

The states thus, as Professor Friedman puts it, "serve as an independent means of calling forth the voice of the people." More recently, "Some state and local governments have proven themselves formidable lobbyists and indefatigable litigants" on issues such as affirmative action, benefits for the disabled, and environmental policy.

Sign up to vote on this title
UsefulNot useful