No net benefit to the CP—Even with decentralization, national action is required
Bruce D. McDowell, President of the Intergovernmental Management Associates, and Sheldon Edner, Director of the Center for Federal Management Leadership, 2002, Publius (2002) 32 (1): pg. 7-8, ‘Introdcution: Federalism and Surface Transportation’, Oxford Journals, TB
During the past two decades, American federalism has been anything but static. Efforts at reform have been many; taking the pulse of the system has been difficult. Contending political agendas in and between presidential administration's and Congress have wrought significant changes in the character and direction of federalism. Presidents Jimmy Carter, Ronald Reagan, George Bush, and Bill Clinton each sought reforms to simplify intergovernmental relationships and return some responsibilities to the states, but these efforts remain a work in progress. Coupled with continuing crosscurrents in congressional actions, these presidential efforts have combined to further stir the batter in America's marble-cake federalism. The outcomes have been hard to characterize with clarity. Transportation is one of the policy areas that has been a bellwether in characterizing the status of the federal-state relationship. With roots that reach back to 1916, the U.S. Department of Transportation's (DOT) surface-transportation program is among the most widely touted but most misunderstood grant-in-aid programs. It is a composite of several different forms of grants, including categorical, formula, discretionary, and competitive programs. The current program is authorized at roughly $218 billion, spread over six years. It is slated for reauthorization in FY 2004. Primary responsibility for its implementation rests jointly with the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA). The last two reauthorizations of the program-the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century of 1998(TEA-21)-have both been identified as environmentally supportive infrastructure enhancement programs. For some observers, the provisions in these acts that support flexibility and transferability of highway and transit funds are consistent with a continuing devolution of federal responsibility to state and local decision-makers. For others, the continuation of multiple categorical grants - such as the bridge program, the Congestion Mitigation and Air Quality program (CMAQ), and the National Highway System (NHS)-reflects the continuation of centralized, yet balkanized programs aimed at supporting key interest-group priorities. Decentralization of program responsibility through devolution of certain decisions to local officials who agree to work together in metropolitan planning organizations (MPOs) is combined with continuing national and state responsibility for ensuring the implementation of the Clean Air, Americans with Disabilities, National Environmental Policy, and Civil Rights acts. This combination supports competing claims and counterclaims that there has been both grant reform and a shoring up of the status quo in federal control. In this complex setting, many misunderstandings have flourished about the structure and implementation of the surface transportation program.
*** FEDERALISM
Federalism 1NC
HSR triggers the link – spends 98 billion
Meuser (Candidate for the California State Senate, District 7) 7/16/12
(Mark, “Boondoggle: California High Speed Rail,” http://www.halfwaytoconcord.com/boondoggle-california-high-speed-rail/)
The masterminds in Sacramento are at it again. This time, their utopian fantasy is California’s high-speed rail boondoggle. Surely, it’s time to get a dose of reality as to how damaging this fiasco in the making will be for our the Golden State. The biggest losers in this financial disaster will be taxpayers and K-12 Education. Here’s why. High-speed rail was sold to us on the notion that the private sector will pick up a big part of the funding, and yet so far, private sector funding is nonexistent. Originally, California High Speed Rail was supposed to cost $33 billion, but since government always underestimates costs, the real cost ballooned to $98 billion. Governor Brown reduced the cost to a more reasonable $68 billion. What’s worse, interest for the bonds will easily double the final price tag taxpayers will end up paying. The Contra Costa Times has reported that the date of completion has been delayed from 2020 to 2029. Ticket costs have swelled from $55 to $85. Many have reported that it is unlikely that the trip from San Francisco to Los Angeles can actually be completed in 2 hours and 40 minutes. It’s simply irresponsible for Governor Brown to say that deep cuts need to be made to education and Healthy Families and yet he seems to think we can afford this boondoggle!
The Constitution proves States need more power
NewsMax 10 [Dan Well, Staff Writer, NewsMax, 9/28/12, “Tea Party Activist: Give States More Power”, NewsMax, http://www.newsmax.com/InsideCover/teapartyMarianneMoran/2010/09/28/id/371852] aw
Congress, says Marianne Moran, executive director of The Tea Party in Action.“It’s important to restore the balance of power between the states and federal government,” Moran tells Newsmax.TV.“The states can make Congress submit to the states for ratification a constitutional amendment giving two-thirds of states the power to repeal anything Congress does.”That would restore the Constitution, says Moran, whose tea party organization is based in Florida.“Our Constitution has been ignored. The 10th Amendment [protecting states’ rights] is useless.” The Supreme Court’s bad decisions over the past 50-plus years have rendered it impotent, she says. States would be able to use the power to repeal the healthcare reform law, which she says amounts to an unfunded mandate.“We’re shackled now,” says Moran, who adds that no amount of fiscal discipline can save states from the flood of federal debt coming their way from unconstitutional mandates such as Obamacare.“We need the authority back that the founders originally wanted,” she says. “We can do that by forcing Congress to give us the repeal amendment.”
Federalism 1NC
Federalism key to transportation policy
Dilger 11 [Robert Jay Dilger, Senior Specialist in American National Government, Congressional Research Service, 1/5/11, “Federalism Issues in Surface Transportation Policy: Past and Present”, p.4, http://www.fas.org/sgp/crs/misc/R40431.pdf] aw
Several other organizations have also advocated changes in federalism relationships in surface transportation policy. For example, the National Conference of State Legislatures has argued that “The Congress should not re-enact SAFETEA-LU and must look at surface transportation anew, authorizing a new program that better meets current and future needs for interstate mobility.” It argued that Congress should articulate a new national vision for surface transportation that focuses on “legitimate federal objectives: interstate commerce and freight mobility; interstate movement of people; national defense and homeland security; safety; environmental and air quality preservation and improvements; and research and innovation” and heeds “the Tenth Amendment and not intervene in or interfere with state-specific transportation priorities.” This will not be the first time that Congress has considered proposals to alter federalism relationships in surface transportation policy. Congress has debated the federal role in transportation policy since the nation’s formation in 1789. The following sections provide a historical perspective on contemporary federalism issues in surface transportation policy, focusing on efforts to devolve programmatic responsibility to states, change state maintenance-ofeffort requirements, and alter federal reimbursement matching rates.
Federalism 1NC
Federalism is key to Iraqi stability; US promotion is key.
Dawn Brancati, visiting scholar at the Center for the Study of Democratic Politics
at Princeton University, Spring 2004, The Washington Quarterly, “Can Federalism Stabilize Iraq?”
The United States devoted nine months to planning the war in¶ Iraq and a mere 28 days to planning the peace, according to senior U.S.¶ military officials. Much more time has to be invested in the peace, however,¶ if the military achievements of the war are to be preserved and a stable democracy¶ is to be created in Iraq. Establishing a governmental system that¶ can accommodate Iraq’s different ethnic and religious groups, previously¶ kept in check by the political and military repression of the Saddam Hussein¶ regime, is paramount to securing that peace. In the absence of a system¶ uniquely designed toward this end, violent conflicts and demands for independence¶ are likely to engulf the country. If not planned precisely to meet¶ the specific ethnic and religious divisions at play, any democratic government¶ to emerge in Iraq is bound to prove less capable of maintaining order¶ than the brutal dictatorship that preceded it.¶ By dividing power between two levels of government—giving groups¶ greater control over their own political, social, and economic affairs while¶ making them feel less exploited as well as more secure—federalism offers¶ the only viable possibility for preventing ethnic conflict and secessionism as¶ well as establishing a stable democracy in Iraq. Yet, not just any kind of federal¶ system can accomplish this. Rather, a federal system granting regional¶ governments extensive political and financial powers with borders drawn¶ along ethnic and religious lines that utilize institutionalized measures to¶ prevent identity-based and regional parties from dominating the government¶ is required. Equally critical to ensuring stability and sustainable democracy in Iraq, the new federal system of government must secure the city of¶ Kirkuk, coveted for its vast oil reserves and pipelines, in the Kurdish-controlled¶ northern region to assure that the Kurds do not secede from Iraq altogether.¶ For its part, the United States must take a more active role in advising¶ Iraqi leaders to adopt a federal system of government along these lines. Such¶ a system will help the United States not only to build democracy in Iraq but¶ also to prevent the emergence of a Shi‘a-dominated government in the¶ country. Without this form of federalism, an Iraq rife with internal conflict¶ and dominated by one ethnic or religious group is more likely to emerge, undermining¶ U.S. efforts toward establishing democracy in Iraq as well as the¶ greater Middle East.
Failing Federalism causes Iraqi civil war
Dawn Brancati, visiting scholar at the Center for the Study of Democratic Politics
at Princeton University, Spring 2004, The Washington Quarterly, “Can Federalism Stabilize Iraq?”
By definition, democracy aims to provide representation and protection for¶ the rights of everyone in society. Creating and sustaining such a system in¶ Iraq, without opening the door to ethnic conflict, is no easy task. According¶ to the former U.S. ambassador to the United Nations and chief negotiator of¶ the 1995 Dayton accords, Richard Holbrooke, “To govern this country as a¶ democracy would be very hard, since a true democracy would almost certainly¶ lead to Shiite, Sunni, and Kurdish leaders who hold extreme positions.¶ This would be worse than Bosnia, because the passions are much¶ deeper, and the Bosnian war will not resume, whereas fighting between¶ Sunnis, Shiites, and Kurds could easily begin any day if we aren’t there.”1
Federalism 1NC
Iraqi civil war destabilizes the Middle East.
Dawn Brancati, visiting scholar at the Center for the Study of Democratic Politics
at Princeton University, Spring 2004, The Washington Quarterly, “Can Federalism Stabilize Iraq?”
The potential consequences of failing to design federalism properly and to¶ establish a stable democracy in Iraq extend far beyond Iraqi borders. Civil¶ war in Iraq may draw in neighboring countries such as Turkey and Iran, further¶ destabilizing the Middle East in the process. It may also discourage foreign¶ investment in the region, bolster Islamic extremists, and exacerbate¶ tensions between Palestinians and Israelis. A civil war in Iraq may even undermine¶ support for the concept of federalism more generally, which is significant¶ given the number of countries also considering federalism, such as¶ Afghanistan and Sri Lanka, to name just two. Finally, the failure to design¶ and implement the kind of federalism that can establish a stable democracy¶ in Iraq might undermine international support for other U.S. initiatives in¶ the region, including negotiations for Arab-Israeli peace. Iraq’s federal government¶ must therefore be designed carefully so as to give regional governments extensive political and financial autonomy, to include Kirkuk in the¶ Kurdish region that is created, and to limit the influence of identity-based¶ political parties. The short- and long-term stability of Iraq and the greater¶ Middle East depend on it.
Federalism High Now
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