Federalism: Hearings Before the Committee on Governmental Affairs, United States Senate, One Hundred Sixth Congress, First Session, May 5, 1999, the State of Federalism; May 6, 1999, Federalism and Crime Control; July 14, 1999, S. 1214--the Federalism Accountability Act of 1999U.S. Government Printing Office, 1999 - 433 páginas |
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Página 9
... problem emerging . We , for years , focused on the area of the unfunded mandates . Today , my major purpose is to point out to you that in place of the unfunded mandates , the new trend is one of preemption , where the States are having ...
... problem emerging . We , for years , focused on the area of the unfunded mandates . Today , my major purpose is to point out to you that in place of the unfunded mandates , the new trend is one of preemption , where the States are having ...
Página 11
... problem that we are running into right now is that the De- partment has issued some rules , and when you have a complete re- duction in the cases like we have in Wisconsin - we are now down from 100,000 families down to 8,500 families ...
... problem that we are running into right now is that the De- partment has issued some rules , and when you have a complete re- duction in the cases like we have in Wisconsin - we are now down from 100,000 families down to 8,500 families ...
Página 12
... problem is the States have been really rendered anemic in our capacity to do our constitutional duty . We were historically given four tools to represent the interests of the States and the people against the power of the National ...
... problem is the States have been really rendered anemic in our capacity to do our constitutional duty . We were historically given four tools to represent the interests of the States and the people against the power of the National ...
Página 13
... problem went beyond the capacity of the States and local- ities to handle , and then , of course , the Second World War . But in the more recent decades , though it may not look like it from the State level - and I came here after 16 ...
... problem went beyond the capacity of the States and local- ities to handle , and then , of course , the Second World War . But in the more recent decades , though it may not look like it from the State level - and I came here after 16 ...
Página 15
... problem we have right now and the reason we are drifting toward a mainframe type of govern- ment as opposed to a group of network PCs that really character- izes the information era is that the States are anemic . We do not have the ...
... problem we have right now and the reason we are drifting toward a mainframe type of govern- ment as opposed to a group of network PCs that really character- izes the information era is that the States are anemic . We do not have the ...
Palavras e frases frequentes
administrative American Attorney authority bill Chairman THOMPSON citizens Commerce Clause Committee concerns Congress congressional intent Constitution consultation create criminal justice criminal law decisions devolution drug effect efforts enacted example Executive Order federal agencies federal courts federal criminal law federal government federal preemption federal statute Federal system Federalism Accountability Act federalism assessment federalist FEDERALIST PAPERS final rules Framers going Governor Leavitt implementation important interests Internet Internet Tax issues John Dorso Judge MERRITT judicial review jurisdiction legislatures limited Mandates Reform Act Meese ment national government NCSL partnership police power potential preempt preempt State law preemptive President problem Professor programs proposed prosecution prosecutors protect regulation regulatory regulatory offenses requirements responsibility revenue rulemaking rules of construction Section 6(c Senator VOINOVICH Seventeenth Amendment statement Supremacy Clause Supreme Court Task Force Tenth Amendment testimony Thank things tion Unfunded Mandates Reform
Passagens conhecidas
Página 235 - The powers delegated by the proposed constitution to the federal government, are few and defined. Those which are to remain in the state governments, are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce ; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives,...
Página 294 - If this choice represents a reasonable accommodation of conflicting policies that were committed to the agency's care by the statute, we should not disturb it unless it appears from the statute or its legislative history that the accommodation is not one that Congress would have sanctioned.
Página 99 - Rice v. Santa Fe Elevator Corp., 331 US 218, 230, 67 S.Ct. 1146, 1152,91 L.Ed. 1447: "Congress legislated here in a field which the States have traditionally occupied. ... So we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.
Página 126 - where compliance with both federal and state regulations is a physical impossibility..., " Florida Lime & Avocado Growers, Inc. v. Paul, 373 US 132, 142-143 (1963), or where the state " law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Página 236 - There is one transcendent advantage belonging to the province of the State Governments, which alone suffices to place the matter in a clear and satisfactory light, — I mean the ordinary administration of criminal and civil justice.
Página 388 - Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant. I use these terms to distinguish this last case from another which might appear to resemble it, but which would in fact be essentially different. I mean where the exercise of a concurrent jurisdiction might be productive of occasional interferences in the policy of any branch of administration, but would not imply any direct contradiction or repugnancy in point of constitutional authority.
Página 285 - ADMINISTRATOR OFFICE OF INFORMATION AND REGULATORY AFFAIRS OFFICE OF MANAGEMENT AND BUDGET before the SUBCOMMITTEE ON NATIONAL ECONOMIC GROWTH, NATURAL RESOURCES.
Página 336 - Order is intended only to improve the internal management of the Federal government, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers or any person.
Página 278 - It is rather my belief that the right of people to be free of state action that discriminates against them because of race, like the "right of persons to move freely from State to State occupies a more protected position in our constitutional system than does the movement of cattle, fruit, steel and coal across state lines.
Página 210 - this relation, then, the proposed government cannot be deemed a national one ; since its jurisdiction extends to certain enumerated objects only, and leaves to the several states, a residuary and inviolable sovereignty over all other objects.