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Federalism And Separation Of State And Feds

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(a) Federalism is rooted in the belief that issues that are not national

in scope or significance are most appropriately addressed by the level of

government closest to the people.

(b) The people of the States created the national government and delegated

to it enumerated governmental powers. All other sovereign powers, save

those expressly prohibited the States by the Constitution, are reserved to

the States or to the people.

© The constitutional relationship among sovereign governments, State

and national, is inherent in the very structure of the Constitution and is

formalized in and protected by the Tenth Amendment to the Constitution.

(d) The people of the States are free, subject only to restrictions in the

Constitution itself or in constitutionally authorized Acts of Congress, to

define the moral, political, and legal character of their lives.

(e) The Framers recognized that the States possess unique authorities,

qualities, and abilities to meet the needs of the people and should function

as laboratories of democracy




Sec. 3. Federalism Policymaking Criteria. In addition to adhering to the

fundamental federalism principles set forth in section 2, agencies shall adhere,

to the extent permitted by law, to the following criteria when formulating

and implementing policies that have federalism implications:

(a) There shall be strict adherence to constitutional principles. Agencies

shall closely examine the constitutional and statutory authority supporting

any action that would limit the policymaking discretion of the States and

shall carefully assess the necessity for such action. To the extent practicable,

State and local officials shall be consulted before any such action is implemented.

Executive Order 12372 of July 14, 1982 (‘‘Intergovernmental Review

of Federal Programs’’) remains in effect for the programs and activities

to which it is applicable.

(b) National action limiting the policymaking discretion of the States shall

be taken only where there is constitutional and statutory authority for the

action and the national activity is appropriate in light of the presence

of a problem of national significance. Where there are significant uncertainties

as to whether national action is authorized or appropriate, agencies shall

consult with appropriate State and local officials to determine whether Federal

objectives can be attained by other means.

© With respect to Federal statutes and regulations administered by the

States, the national government shall grant the States the maximum administrative

discretion possible. Intrusive Federal oversight of State administration

is neither necessary nor desirable.

(d) When undertaking to formulate and implement policies that have

federalism implications, agencies shall:

(1) encourage States to develop their own policies to achieve program

objectives and to work with appropriate officials in other States;

(2) where possible, defer to the States to establish standards;



Sec. 5. Special Requirements for Legislative Proposals. Agencies shall not

submit to the Congress legislation that would:

(a) directly regulate the States in ways that would either interfere with

functions essential to the States’ separate and independent existence or

be inconsistent with the fundamental federalism principles in section 2;


(b) To the extent practicable and permitted by law, no agency shall promulgate

any regulation that has federalism implications, that imposes substantial

direct compliance costs on State and local governments,


I know it is a tough read, but it points to prior attempts to allow states powers to govern themselves.



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