NEGATIVE — COUNTERPLAN — STATES/FEDERALISM 28

FEDERALISM IS ALIVE AND WELL AS STATES NOW HAVE POWER

FEDERALISM NOW IMPLIES GIVING POWER TO THE STATES

William Safire The New York Times January 30, 2000, SECTION: Section 6; Page 20;  TITLE: On Language; Federalism // acs-EE2001

That was surely a blow to the federal (by which we mean "national") government in Washington, but was it a blow to federalism? The founding fathers (a paternalistic but accurate alliteration coined in 1918 by Senator Warren G. Harding) would say no. Not if you take the Oxford English Dictionary's first definition of that word (coined in 1788 by Patrick Henry with his irate question, "Is this federalism?"). The O.E.D. answers his query with "that form of government in which two or more states constitute a political unity while remaining more or less independent with regard to their internal affairs."

RECENT COURT DECISIONS HAVE SWUNG THE BALANCE OF POWER IN FAVOR OF THE STATES

DAVID G. SAVAGE, TIMES STAFF WRITER, Los Angeles Times, June 22, 1999, SECTION: Part A; Page 1; TITLE: NEW CONSERVATIVE ACTIVISM SWEEPS THE FEDERAL COURTS// acs-VT2001

Most legal scholars agree that the recent federal court rulings signal a fundamental shift in the balance of power between Washington and the states.

THE SUPREME COURT HAS PUT SERIOUS LIMITS ON FEDERAL POWERS

DAVID G. SAVAGE, TIMES STAFF WRITER, Los Angeles Times, June 22, 1999, SECTION: Part A; Page 1; TITLE: NEW CONSERVATIVE ACTIVISM SWEEPS THE FEDERAL COURTS// acs-VT2001

Yale law professor Akhil Amar said the Supreme Court had "put the pincers on federal power. The tone of these opinions is rather dismissive of Congress and the president." He noted that while the Supreme Court under Chief Justice Earl Warren in the 1960s was known for its activism, "rarely did that court strike down an act of Congress."

THE PENDULUM NOW SEEMS TO BE IN FAVOR OF SENDING POWER OUT OF WASHINGTON AND TO THE STATES

Michael Grunwald, Washington Post Staff Writer, The Washington Post, October 24, 1999, SECTION: A SECTION; Pg. A01 TITLE: In Legislative Tide, State Power Ebbs; Federalization Has Few Friends but Many Votes // acs-EE2001

The tensions between federal and state power in America date back to the early debates over the Constitution, as Federalists like Alexander Hamilton argued for a strong national government, while anti-Federalists such as Thomas Jefferson fought for state prerogatives. But in the 1990s, the pendulum has swung -- rhetorically, at least -- far away from Washington, with politicians now routinely pledging to get an out-of-touch, ever-expanding federal government off the backs of innovative states.

Republicans have been especially vocal about devolution, but Democrats -- including President Clinton, a former governor -- have been supportive, too. And the Supreme Court has rediscovered the Tenth Amendment in recent years, striking down several federal laws on the grounds that they intrude on powers reserved to the states.