Bowman, Kearney | State and Local Government 5/eEvolution of Devolution

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State and Local Government, Fifth Edition
Ann O'M. Bowman, University of South Carolina
Richard C. Kearney, East Carolina University

Evolution of Devolution

Review this timeline for a better understanding of the transfer of power to state and local government.

1950s	1955	The release of the Report of the Commission on Intergovernmental Relations, a comprehensive examination of the workings of the federal system.
	1955	The House Committee on Government Operations initiates a series of hearings and studies on intergovernmental relations.
	1957	President Eisenhower addresses the National Governors' Conference proposing the shift of some functions and tax sources to the states. His proposal fails to gain support.
	1959	The Advisory Commission on Intergovernmental Relations is created. Its purpose is to monitor the operation of the American federal system and to recommend improvements.


1960s	1960	The release of the Report of the Joint Federal-State Action Committee, a study that addresses the promise and problems of devolution.
	1965	State governments begin a process of modernization and reform. This marks the beginning of the increase in state government capacity.
	1968	Election of Richard Nixon to the presidency.
	1969	President Nixon calls for a "new federalism," one that would empower state governments.


1970s	1972	Passage of General Revenue Sharing (GRS) legislation, providing federal funds to states and localities with "no strings attached."
	1976	Supreme Court decision in National League of Cities v. Usery reinvigorates the Tenth Amendment.


1980s	1980	GRS (see 1972) terminated for state governments.
	1980	Election of former California governor Ronald Reagan to the presidency.
	1981	President Reagan's inaugural address states: "The federal government did not create the states; the states created the federal government."
	1981	Seventy-seven categorical grants consolidated into block grants as part of the Omnibus Budget and Reconciliation Act.
	1982	President Reagan proposes to "turn-back" responsibility for welfare and food stamps to the states in return for federal takeover of the Medicaid program. The proposal is rejected.
	1985	The Supreme Court decision in the Garcia case reverses the earlier ruling in NLC v. Usery (see 1976), weakening states' Tenth Amendment rights.
	1986	GRS (see 1972) terminated for local governments.
	1987	President Reagan issues Executive Order 12612, restricting a federal agency's ability to preempt state law.
	1988	The politics of deficit reduction continues to structure debate on new programs in Congress.
	1988	The Supreme Court decision in South Carolina v. Baker reaffirms the Garcia (see 1985) ruling.
	1988	Election of George Bush to the presidency.


1990s	1990	President Bush reaffirms the Reagan Administration's Executive Order 12612 (see 1987)
	1991	President Bush proposes to "turn-over" a variety of federal programs to the states. The proposal is rejected.
	1991	Passage of the Intermodal Surface Transportation Efficiency Act which created a block grant and gave states more discretion in surface transportation.
	1991	Key governors call for a reordering of national-state relations. More specifically, they argue for greater discretion in policymaking.
	1992	Publication of Alice Rivlin's book, Reviving the American Dream, which advocates a sorting out of functions between the national and state governments.
	1992	Election of former Arkansas governor Bill Clinton to the presidency.
	1993	President Clinton issues Executive Order 12866 which provides some regulatory relief to states and localities.
	1993	State and local officials organize National Unfunded Mandate Day (see 1995).
	1993	The state of Wisconsin passes a law pledging to withdraw from the federal welfare system within five years.
	1993	President Clinton issues Executive Order 12875 entitled, "Enhancing the Intergovernmental Partnership," requiring federal agencies to streamline the waiver application processes for state and local governments.
	1994	Congressional elections produce a Republican majority in both houses of Congress for the first time since the Eisenhower presidency.
	1995	Republicans in the House of Representatives seek enactment of the "Contract with America" which contains several provisions intended to restore state power vis-a-vis the national government.
	1995	National public opinion polls report that two-thirds of Americans favor giving states and localities more power, at the expense of the national government.
	1995	Passage of the Unfunded Mandates Reform Act, making it more difficult for Congress to impose mandates on states and localities (see 1993)
	1995	140 legislators and governors from 43 states meet in a Federalism Summit, calling for a stronger state role in the federal system
	1995	The Supreme Court decision in U.S. v. Lopez strikes down a federal law that relied on the commerce clause as its foundation.
	1996	Passage of welfare reform, the Personal Responsibility and Work Opportunity Reconciliation Act, giving states more discretion in welfare policy and spending
	1997	The Supreme Court decision in Printz v. U.S. invalidates part of the Brady Act that required local law enforcement officials to conduct background checks on purchasers of handguns.
	1997	The U.S. Advisory Commission on Intergovernmental Relations (see 1959) is abolished by Congress.
	1998	Gubernatorial candidates campaign on the issue of greater devolution.
	1998	The U.S. Environmental Protection Agency reports that it has delegated responsibility to individual states for managing more than 700 programs, a 75 percent increase since 1993.
	1998	Lobbyists for state and local governments pressure President Clinton into suspending an Executive Order that they consider "anti-devolutionary."
	1999	Passage of "Ed-Flex," legislation that gives states more flexibility in spending federal education dollars.
	1999	President Clinton issues Executive Order 13132, replacing earlier Orders 12612 and 12875. The new Executive Order clarifies rules for federal actions that impose uniform national standards.


2000s
	2000	Congress extends the moratorium on state taxation of electronic commerce as a federal-state-local advisory commission struggles to develop recommendations for taxing Internet use and transactions.
	2000	In the presidential election campaign, both major-party candidates advocate a devolutionary future of less national government and more state government.
	2001	In his Inaugural Address, President George W. Bush reiterates his confidence in state governments and predicts an expanded role for them during his term.
	2001	In their State of the State messages, governors throughout the nation welcome the challenges of activism and innovation.
	2001	Congress enacts the USA Patriot Act in response to the 9/11 terrorist attacks, giving the federal government new powers for homeland security.
	2001	Passage of the No Child Left Behind Act sets new performance standards for local schools. States worry about the cost of implementing the Act.
	2002	Many states face severe financial crises, forcing hard decisions about tax increases and expenditure cuts.
	2002	The Supreme Court ruling in the Tropic Sea case relies on the 11th Amendment to uphold the “dignity of the states as dual sovereigns.”
	2002	Congress passes the Help America Vote Act to assist state governments in purchasing new election technologies.
	2003	At the annual meeting of the National Governors’ Association, many governors take the Bush Administration to task for not being sufficiently supportive of states.
	2003	More than 150 local jurisdictions, along with four states, adopt resolutions calling for repeal of the USA Patriot Act (see 2001) on the grounds that it gives too much power to the federal government.
	2004	In three-quarters of the cases with implications for federalism, the Supreme Court rules against the states' rights argument.
	2004	George W. Bush is reelected to the presidency with a domestic policy agenda that, according to some pundits, could shrink the role of the states.