Bush's Betrayal of Federalism

A lot of liberals on the forum have a laundry list of problems with Bush. However, one problem I think all conservatives should have with the Bush administration is Bush’s blatant betrayal of “New Federalism.” Bush was supposed to be a strong supporter of strengthened state power and opposed to both unfunded mandates and reckless federal spending.

When Reagan came to office quite a lot of his support was based on his promise of giving more power to state and local governments, as well as offering state and local governments the opportunity to deal with problems that had, after the Great Society days, been largely dealt with by the federal government.

Reagan was a man of both action and words.

In 1965 federal aid as a percent of GDP was 1.6%, in 1980 when Reagan was elected it was 3.4%. By the end of the Reagan era, after adjustment for inflation Reagan had successfully reduced federal spending for intergovernmental aid by almost one fifth. As a share of the economy, grants fell by a third (for cites I can only refer you to the August 2004 issue of Governing, the “Radical Federalist” article by Donald F. Kettl.)

The idea that state governments should have more power and control over spending became a popular one for several reasons. A big one that is very important is the fact that most state governments are legally bound to balance their budgets. It doesn’t always work, but legally they are supposed to do so. We all know that the federal government has no such limitation on its budgeting.

There is also the idea that state and local government are better at implementing services in a manner that best suits their region as opposed to the federal government which often gives out aid and programs in an extortionary manner and in a manner that is inflexible and unresponsive to variations between different localities.

One of the more heinous federal acts is that of the unfunded mandate. Which is what you have when the federal government mandates the states implement certain programs, but THEN inform the states they have to come up with the funding themselves. How this passes the 10th amendment or constitutional muster is hard to say, the supreme court has long ignored the concept of state sovereignty. And for many years the concept of state sovereignty was sullied due to its association with both the defense of slavery and rampant civil rights violations.

The unfunded mandate was so unpopular that even Democrats got on board to do something about them, and under Bill Clinton legislation was passed to severely limit the ability of the federal government to issue unfunded mandates.

With the election of President Bush in 2000, a strong proponent of state sovereignty and a former governor I think many conservatives like myself were looking forward to a true return of federalism in this country.

Unfortunately what we got was the introduction of a new, heinous type of “Bush federalism” or “ad hoc” federalism that spells financial ruin for the individual states. Under Bush the unfunded mandate has exploded. After the passage of the Unfunded Mandate Reform Act only 3 bills have been passed which are considered “unfunded mandates” under the definition of the act.

How then has Bush effectively multiplied the true number of unfunded mandates? Various loopholes in the UMRA that allow Bush to implement these unfunded mandates that “technically” don’t match the definition.

Unfunded mandates are bad enough when it comes to the fiscal solvency of a state. A state shouldn’t be subjected to mandated spending because such mandates ignore the fact that state governments have their own revenue/expense and need to be able to actually balance the two. An unfunded mandate makes that extremely possible and forces states to cut money from other programs to meeth the federal requirements.

Bush has seen fit to make it more difficult still for the state finances. There’s a certain bill working its way through Congress that hasn’t gotten much press. It’s the Business Activity Tax Simplification Act. It isn’t enough that Bush has mandated increased spending within state government, if BATS passes (and it probably will) it will severely limit the ability of sovereign state governments to tax corporations. Because apparently, the taxation of corporation by the states is some infringement on interstate commerce.

BATS is just the latest in the long list of actions taken to castrate the ability of states to generate revenue. Effectively via the imposition of unfunded mandates and the forced reduction in tax revenues, Bush and congressional republicans are apparently persuing some agenda that almost guarantees virtually every state government will have to operate massive deficits just to keep running.

What’s most heinous is how Bush continues to actually present himself as a federalist simply because he believes marriage should be defined on a state level. One position, one of the least important in regards to state government, he supports the federalist stance. And even that is just in theory, he supports the idea of states defining marriage as long as the definition suits him, when it doesn’t he starts to talk about the need for a national defense of marriage act or amendment. In virtually everything else he’s the most anti-federalist President we’ve had since LBJ. Unfunded mandates, restriction on state revenue generation, and interference in areas that have traditionally been state affairs; for example education and voting (both via acts that do nothing to improve either and just help to bankrupt state government.)

I tend to agree with your OP, except you’re being overly kind to Bush on this point. At best he can be said to no longer be actively pushing for an anti-SSM amendment, but that’s probably because it was such a nonstarter to begin with. And we have a DOMA, which he fully supports.

Fortunately, I think he misunderstands what he likes to call “strict constructionist” judges think about states’ authority. Firstly, they’re not “strict constructionist”, but the more closely you adhere to the text of the constitution, the more deference you give to the states. Still, you’ve hit on one of my big beefs with him. That, and the war in Iraq were more than enough for me to withold my vote from him. If the Republicans don’t wise up, the Democrats will take this issue from them and run with it. Bush is a big government consercative, and the Republicans better distance themselves from that governing style if they don’t want to lose their dominant position to the Democrats.

What makes you think all conservatives are federalists/decentralists/states’-rightsers?

They don’t, I shouldn’t have used all like I did. It is a very traditional conservative position over the past 30 years or so, starting with the Nixon era. While I’m sure there is some significant minority of conservatives that favor a stronger federal and weaker state government, most do not from what I’ve seen.

In general it is assumed the conservative position on federalism is:

-Big government creates needless regulation and inefficiency
-Big government violates the sovereign nature of the states

The liberal position is

-Big government brings more uniformity and more efficiency
-Big government allows for national solutions to national issues

The big bone of contention between conservatives/liberals on that last one is liberals tend to define everything as a national issue (sort of like Bush does, now.)

Bush is a dishonest opportunist: he only considers how any particular issue will affect him and his cronies; everyone else can suck it.

Well done, Martin. Do you have examples of some the virtual “unfunded mandates” that Bush has backed?

But why suppose that central government is more likely to be Big than regional?

I’m not a conservative, but I’m interested in federalism. An important point has already been made: not all conservatives are for devolution. It certainly appears that the Bush administration is not ashamed of centralised power.

The obvious question is whether the traditional conservative state’s rights position has been because of a belief in local sovereignty or political convenience (there are other possiblities, such as interjurisdictional competition and Leviathan restraint, but I think they aren’t the main political question). Certainly the turnaround in Australia has been sharp: since being in government and particularly since being in control of both Houses, the Howard government has centralised and state’s rights concerned have vanished. The fact that the other major party is in power in all the states may have something to do with it.

I’m not sure that central government grants are necessarily as problematic as you see them, Martin Hyde. There are interjurisdictional externalities, after all. Even redistributive grants between states (Australia has the fanciest such system) don’t appear to do much harm. As long as the grants are untied it shouldn’t do too much harm in terms of the idea that the local government is better at spending money in tune with local preferences.

I suppose all that is saying that I don’t think your statistic tells much of a story. But your broader point seems fair enough. Although the term ad hoc is pretty kind.

That being said, I think many a conservative could defend “unfunded mandates” as ameans of squeezing costs.

NCLB being the one that I hear about most often, since the company I work for makes probably 80% of its money from school systems.

As for **Martin[/b’'s OP, I should think the answer would be obvious.

First of all, is the fact that our politics have become polarized to the point of absurdity. I really don’t think anyone anywhere on the political spectrum would argue this one too firmly.

Sure, Dubya is doing all these things that are completely contrary to the generally accepted provinces of the Right. But thank gawd he’s not a Democrat. Because it’s taken as read by the True Believers that, whatever Dubya is doing (contrary to nearly every generally accepted conservative ideal), Democrats would do worse. Even if Democrats wouldn’t have done it. No explanation or thought is necessary. Why is none necessary? Because it’s a fact. Everyone knows it. It’s a matter of faith because that’s what people have been told for all of their lives.

Piss-poor fiscal policy? The other side would have done worse. Just trot out a couple talking heads to scream loudly enough to add some doubt to and counter all those people who are calling it poor fiscal policy. Tearing down the power of the Judiciary? Those other guys would do it worse - or they’d at least pack it full of their “activists”.

Are State’s Rights a big deal to Conservatives and Republicans? Supposedly. But as long as Their Guy is doing it, it’s not a big deal. Because as long as it’s Their Guy it’s fine. Everyone knows Those Other Guys would do it too, only worse.

I don’t bitch about the “party before country” problem just because I don’t like the Republican party. I bitch about it because it’s bad for everyone, everywhere.

Summary: Sure, he’s betrayed it. It’s not sexy enough. Besides, who wants to have less power when he can have more power. Besides, the Democrats would do worse. Just ask him. I’m sure McClellan will stutter out some feeble crap which would be polished and echoed the next Sunday by various noise machines.

-Joe

Has that turned out to be a good or bad thing for Australia? Or is it too soon to tell?

Bush was supposed to be a lot of things.

But he turned out to be a garden-variety used-car salesman with delusions of divinity and an unquenchable thirst for power.

That it’s taken so long for people to figure it out is one of the mysteries of the age.

Certainly, some people feel like that. But I assure you that it wouldn’t take too much looking around places like the National Review, Weekly Standard, American Spectator, or even George Will’s columns to find that Bush is being roundly criticized for his failure to adhere to conservative philosophy.

I suspect this is the crux of the problem. Once you set foot in the White House, you suddenly realize you’ve got such an incredible amount of power to do so much good. Philosophical points like federalism and fiscal conservatism tend to take a back seat to the actual people that you feel you’re helping. After all, it’s not really abuse of power if you’re not being abusive.

Having said that, great post, Martin Hyde. I think you’ve shown the problems with the above kind of thinking.

Too soon to tell. It’s likely to be a mixture - some of it looks like an opportunist power grab (for policy good or ill), some to fix stuff everyone agrees is a problem but the states haven’t managed to do anything for decades (eg water policy).

Besides NCLB, the proposals for a mandatory across-states uniforming of Driver Licenses (for “security”, natch) are another one that has annoyed state governments to no end.

Actually, I don’t believe there’s any liberal tenet that believes uniformity is tgood or that large government is gtood because it’s more efficient. The “national issues” thing is also off: sure liberals were all for solving the issue of segregation at the federal level back when the southern states were crying for their “states’ rights” to be racist pig-dogs. But currently, conservatives are all for federally-mandated laws regarding same sex marriage and medical marijuana, and liberals are defending states’ rights in these instances. In short, no such principle is being observed consistently by anyone.

add me to the list of people that are slurping martin for this thread. well done, and a good point as well. shodan and i had a showdown in another thread about government, and one of the points i brought up is that i don’t mind big government getting bigger or smaller. i think it should be cut down and streamlined. with that being said, i also think a state should be able to keep some of its soverignity and power.

long story short, does anyone in here think that there’s a way to make the federal government more streamlined and effective, yet increase the strength of the state governments? i’d liken it to the state governments voting on their own laws, unless there’s enough support for a federal law or an amendment. when calamities strike, like louisiana, the federal government acts like a safety net and helps save the day, because they DO have more resources than any singular state. and yes, i realize this is more or less what was supposed to happen, but i think red tape really cluttered it up.

Without getting hyped up about, I agree Bush has been mixed domestically, and probably more negative than positive, IMHO. If a Republican manages to get into the Oval office next election, it will be curious to see how he (she?) will deal with New Federalism.

I’d be a little more harsh on this - I’d say too soon to tell what good may come of it, but we can certainly see the bad in terms of education and tax-income distribution already.

mm

I absolutely agree that federalism is not an absolute good. As with all political matters, it all depends upon what those running the government, federal or state or country or municipal, do with the power they have. Corruption and abuse of power occur at all levels and the supposed checks in the “checks and balances” are only as good as the intentions of those who have the power to do the checking.

To me GW’s betrayal is of human rights by taking executive actions against them under the blanket excuse of “national security.”

The NCLB Act is not an unfunded mandate. There is nothing mandatory about the bill. If states don’t want to comply with its directives they can simply opt out of federal education dollars. No one is forcing the states to do anything. The feds are simply saying that if the states are going to take federal money then they must comply with these rules and regulations. Don’t want the rules and regulations? Don’t take the money.

Adding conditions to the use of money you give is not the same as imposing mandates.

Uh huh.

And ordering all states to paint their roads pink or they’ll lose their funding wouldn’t be an unfunded mandate either. After all, everyone can just pay for all their projects without federal assistance.

-Joe