Rev: Env & Public Policy Process

There are 10 social structures that make up society, including peers, family, religion, econ, govt, the military, charity, ed, media, leisure (PF REG M CEML)

There are about 200 nations in the world today w/ no two having exactly the same kind of govt

CHARACTERISTICS OF SOCIAL STRUCTURES

Each social structure such as govt has five qualities including that:

a. it is made up of grps or orgs

b. there are standard positions or roles w/in the structure

c. there are structured, i.e. standardized relationships

d. there is a structured allocation of resources to the soc struc & produced by it

e. it has a particular history which affects its structure & processes today

SOCIAL STRUCTURES CONSIST OF GROUPS & ORGS

Most govt groups today are formal orgs & the formal rules of govt orgs are more complex than most other types of orgs

A formalized org indicates that it has a written rule book, a name, & the formalized qualities of soc structures including formalized positions, formalized relationships, formalized allocation of resources, and sometimes even a formalized or documented history

Grps & orgs have the characteristics of positions, relationships among those positions, a fixed allocation of resources, & a unique histl development which impacts current forms

Positions in govt generally consist of : Elected officials, bur, citizens, staff, non citizens

Relationships among grps & orgs in govt generally consists of a wide range of variation from autocracy to democracy

The fixed allocation of resources can be demonstrated by the fact that since about WW 2, the US govt controls 1/4 to 1/2 GDP, e.g. Bush Jrs' budget for 2008 is $3T of a GDP of $13 T, but this does not include off budget items such as the Afghanistan & Iraq wars

The history of the govt soc structure can be demonstrated by the fact that the types of govts estbed throughout hist continue to impact how we see & operate govt today

In H-G society, govt & peer grps, i.e. tribes, religion & family were all intertwined & rule was by consent & status leadership

In ancient society, govt, religion & family are still intertwined, but becomes more removed from the governed & rule was more often done by violence & authoritarianism

In industrial society, some aspects of democracy develop

EIGHT TYPES OF GOVTL ORGANIZATIONS

There are EIGHT Types of Govt Orgs including

1. hunter gatherer 'govt'
2. tribal govt
3. authoritarian govt
4. totalitarian govt

5. monarchical govt
6. aristocratic govt
7. representative govt
8. direct democracy govt

Authoritarian, totalitarian, monarchical, & aristocratic types of govt are often called autocracies

Though most people assume that the democratic types of govt are better, there have been many effective & humanitarian autocracies

Effective & humanitarian autocracies are often called benign dictatorships

Fascism is a combination of a totalitarian govt & an oligarchic capitalism system

Communism is, technically, merely an economic system; however in the Indl Age, most people incorrectly associate such a system w/ a totalitarian govt, since both the USSR & China had such structures

1. HUNTER GATHERER 'GOVT'

Hunter gatherer societies had small govt w/ hereditary or merit based leaders

While many today might not view H-G societies as having govts, this is only because their govts were so integrated into the other structures of society

Because H-G govts were so integrated / organic w/in the society, to modern outsiders it seems as if no govt existed, but it did

In general H-G govts were democratic / consensus based w/ all adult members having input

2. TRIBAL GOVT

Tribal govts are small w/ hereditary or merit based leadership

Tribal govts are very similar to H-G govts

3. AUTHORITARIAN GOVT

Authoritarian govts exclude the majority of the people from political participation but exercise little govt intervention

4. TOTALITARIAN GOVT

Totalitarian govts exclude the majority of the people from political participation but exercise high levels of govt intervention

5. MONARCHICAL GOVT

Monarchical govts exclude the majority of the people from political participation but exercise high levels of govt intervention

In monarchical govts power is passed from generation to generation w/in a single family

6. ARISTOCRATIC GOVT

Aristocratic govts exclude the majority of the people from political participation but exercise high levels of govt intervention

In aristocratic govts power is passed from generation to generation w/in a ruling class

Many political sci from Plato to Tocqueville thought aristocratic govt was the best form

7. REPRESENTATIVE GOVT

In a representative govt power is exercised by people as a whole through democratic representatives

8. DIRECT DEMOCRATIC GOVT

In a direct democratic govt power is exercised by people through direct legislation

THE ROLE OF GOVT IN SOLVING SOCIAL PROBLEMS

The role of govt in solving social problems include:

1. education
2. mediation
3. lobbying

4. regulation
5. redistribution of wealth
6. goal setting

GOVTL GROUPS IN THE ENVL DEBATE

Govtl grps in envl debate include:

1. world orgs
2. natl govts
3. states, provinces, etc.
4. local govts: counties, provinces, cities, etc.

5. permanent govt agencies
6. ad hoc govt agencies
7. publicly funded privates orgs,
often called non govtl orgs (NGOs)

LAND MGT AGENCIES (LMAs)

Land Mgt Agencies (LMAs) mediate among soc grps

LMAs are always in the dilemma of trying to get the public to accept policies that may be difficult in the short run or for large sections of the population but are for the greater good

An example of the dilemma for LMAs can be seen in the:

a. education system's difficulty in trying to get the public to accept greater parental involvement

b. F & G's difficulty in trying to get the public to accept wolves, protect species, etc.

c. justice system's difficulty in trying to get the public to accept gun control

d. the USFS's difficulty in trying to get the public to accept fire in the eco system

The USFS wants to do control burns & allow let burns

The general public has minimal interest in getting involved in fire mgt issues, but other grps try to sway them to their side

Smoke is the most common indicator to the public that something must be done about fire, but this is generally interpreted as the need for more fire suppression

The fear of escaped wildfires is the most powerful indicator to the public that something must be done, but this is also generally interpreted as the need for more fire suppression

The USFS is trying to convince the public that they must accept more fire in the short run, if they want the overall level of fire to be controlled or minimized in the long run

The USFS & other LMAs are trying to convince the public that less fire suppression & more control & let burns are needed

LMAs must convince pub that escaped control burns & let burns are less damaging than the alternative of not burning

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Outline on the US Government Structure

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INTRODUCTION

The three branches of govt including the executive, the legislative, & the judicial are related through a balance of power

Some social scientists call the media the fourth branch of govt

Some social scientists call social movements the fifth branch of govt

THE LEGISLATIVE BRANCH

In the US Congress, in 2005 VA has two Senators, Allen & Warner, & 11 Representatives, w/ Boucher representing the 9th District

In the US Congress, in 2006 VA has two Senators, Webb & Warner, & 11 Representatives, w/ Boucher representing the 9th District

The 535 members of Congress (100 Senators & 435 Representatives) are elected

THE JUDICIAL BRANCH

The 11 Supreme Court Justices & all Fed Ct Justices are appointed by the President & confirmed of by the Senate

THE EXECUTIVE BRANCH

The President is elected

The Cabinet Officers are appointed by the President & confirmed by the Senate

The exec branch has many govt agencies under its control including the Dept of Ag, the Dept of Interior, the Dept of Justice, etc.

Chiefs of the major govt agencies are appointed by the President & confirmed by the Senate & lower level bureaucrats may or may not be appointed by the Pres, or may or may not be hired,

Many high level bureaucrats do changes w/ new Admin, but some do not

FEDERALISM

Given that the US is a federalist system, besides the balance of power btwn the 3 major branches of govt, there is also a balance of power btwn fed & state govts

The US Constitution specifies that any power not given to the fed govt, is allocated to the states; however, the fed power have been broadly interpreted

State & local legislatures are elected
State & local agency heads are appointed

The US Govt allows the public to have access at various points from elections, to lobbying, to rule making, to implementation, etc.

Because of the balance of power & the nature of democracy itself, many public policies are fragmented, i.e. are the result of a series of compromises created in a climate of crisis

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Outline on the Democracy's Pitfalls

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- Project: The Pitfalls of Democracy & the Env

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INTRODUCTION

Winston Churchill:
"Democracy is the worst form of govt...

except for every other form."

There are SEVEN public sector failures, which are also known as the pitfalls of democracy, including:
1. special interests
2. the clear benefits & hidden costs of public project
3. non selectivity in the choice of politician
4. unclear goals, limited pwr, unlimited responsibility, extreme complexity
5. bureaucracy & inefficiency
6. imperfect institutions
7. the fallacy of limited decisions

1. SPECIAL INTERESTS

A pitfall of democracy is that special interests are the clearest voice heard by the political system

Govt often promotes goals of small special interest grps to detriment of the public at large

Individuals are not equally represented by govt institutions

Politicians fear they may lose support of small special interest grp if they vote against it, but they will not lose support of large grp of uniformed voters who evaluate them on other issues in which they have a stronger interest

2. CLEAR BENEFITS & HIDDEN COSTS

A pitfall of democracy is the clear benefits & hidden costs of many public projects

Politicians do not objectively weigh all costs & benefits, instead they usually prefer clear benefits & hidden costs

Examples of clear benefits hidden costs in govt systems can be seen in mass transit or sewage systems

The costs of a mass transit system begin immediately w/ construction, but benefits will not accrue until yrs later

The costs of a sewage system begin immediately w/ construction, but benefits are not seen

A sewage system is unglamorous, people don't see positive effect, they only notice when they have problems w/ it, & therefore it has little appeal to a politician

If funding can be secured by long term bond, fed funding, or a grant, the mass transit would be preferred over the sewage system, but even then, politicians would prefer a project that would have immediate benefits to them

And compared to a mass transit system, more politically glamorous projects are preferred such as a school, hosp, or indl park

3. NON SELECTIVITY

A pitfall of democracy is non selectivity

We are less selective in our choice of politicians than we are in choices about private goods

The people select a bundle of qualities in a politician: i.e., they support, whales, trees, mass transit, guns & pro life

We may not like all these choices, but we choose this politician anyway because issue X is most imp to us

In private goods, the mkt often works to provide just that bundle of goods that we prefer, but a politician is like a friend, we must take the bad w/ the good

The problem of non selectivity is compounded by the problem of our general inconsistent & incomplete mental systems

The problem of inconsistent & incomplete mental systems is that we have inconsistencies in our values, knowledge, etc., & we do not have a system that has formulated opinions on most subjects because our values have not been tested & because we are generally not well informed on many issues

4. UNCLEAR GOALS, LIMITED POWER, UNLIMITED RESPONSIBILITY, COMPLEXITY

A pitfall of democracy is that it is characterized by unclear goals, limited pwr, unlimited responsibility, & extreme complexity

The balance of power among the branches of govt, & among the levels of govt creates a fragmentation which creates unclear goals, limited power, unlimited responsibility, & extreme complexity

See Also: The Balance of Power: Overview of Govt & the Structure of the US Govt

This pitfall of unclear goals, etc. is, to a certain extent, created by the other pitfalls of special interests, clear benefits / hidden costs, non selectivity, but they are also inherent in governing

5. BUREAUCRACY & INEFFICIENCY IS A COMMON COMPLAINT ABOUT GOVT,
BUT BIG BIZ ALSO HAS THIS PITFALL

A pitfall of democracy is bureaucracy & inefficiency

Private agencies are reputed to be more efficient than public agencies because

- there is no mkt incentive for efficiency in public sector

- a typical response to failure in public sector is to increase budget, the mkt would cut the budget

- a typical response to failure in the public sector is to vote out one admin & vote another one in

Changing admin's may or may not make the system more efficient if they have enough pwr to implement new policies

Changing admin's may or may not make the system more efficient, but changing admins also creates problems of inefficiencies such as changing course in mid stream

The question of the efficiency of the private & public sectors is not always clear cut as seen in the inefficiency of military contractors or private contractors of welfare

Some public works projects such as the interstate highway system or some big city govts are efficient

6. IMPERFECT INSTITUTIONS

A pitfall of democracy is imperfect institutions

Histly, pwr corrupts, esp pwr in govt, but it is a general characteristic of many orgs such as Enron or World Com

In the public sector, even assuming democracy, conformity & coercion are inherent & ever present possibilities

The use of pol channels is inevitable, & strains the soc cohesion essential for a stable society

Thus, giving power or decisions to the govt, reduces peoples freedom

There is no "global study" comparing levels of corruption in govt vs ind vs soc mvmts vs unions, but it is well known that once a sector is corrupted, it is very difficult to correct it

7. FALLACY OF LIMITED DECISIONS

A pitfall of democracy is the fallacy of limited decisions

Many people assume that if the govt makes more choices, then I have less, i.e., fixed # of decisions

It is a fallacy because govt can also increase the range of free choices by permitting soc to enjoy goods & services which would not be available in the absence of govt admin

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Outline on Campaign Financing

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INTRODUCTION

The laws & traditions of campaign financing allow those w/ money & power to have a greater influence, thus in the US, the upper class, the corporate class, & the upper middle class have disproportionate influence on govt. compared to the general public

During the 1950s C. Wright Mills said little on campaign financing because this process was relatively less important during the Cold War Era

Today campaign financing is a major method of influence

Examples of Presidential races political spending:

1972: Nixon $60 mm McGovern $30 mm

1992: Perot: 70 mm of own money

1996: Dole: 250 mm Clinton 140 mm

This gap caused Democrats to get very sloppy in accepting $

A new technique to raise political funds, which is used by both parties, is to have the Party, rather than the candidate, accept $$ & run "general political ads"

In the 2000 Presidential election, Forbes tried to defeat other Republicans w/ his "front loading" i.e. spending big in the primaries

In the 2000 Presidential election, GW Bush opted out of Federal Election matching funds because it is the only way he could keep up w/ Forbes

Bush is raised over $1/2 billion in the 2004 election

SENATE CAMPAIGN COSTS

1978: $35 mm from special interest groups

1980: 50 mm

1988: 150 mm & the average Senate seat cost $ 4 mm

The VA Gubernatorial election in 2001 was the most expensive in VA history

SOCIO HISTL ANALYSIS OF CAMPAIGN FINANCE

Early in our democracy, all politicians financed their own campaigns

Thus, early in our democracy, only a “wealthy gentleman” could run

Early in our democracy, the wealthy gentleman did not “run for office,” he “stood for office”

The men of the gentlemen bought all the food & ale & gave speeches

At some point political campaigns just became too expensive even for wealthy individuals

1992 ELECTION: CLINTON V. BUSH

Only a few politicians can afford to finance their own campaigns today

In the 1992 election, where Clinton defeated GHW Bush, Perot & Forbes are the only Presidential candidates in recent history to use their own money

Perot also took contributions & Fed Matching Funds while Forbes did not

A few Congress people & governors have funded their own campaigns

1974 CAMPAIGN FINANCE REFORM

Nixon was found guilty in the Watergate hearings (1972 election), so election reform was passed in 1974

- voluntary $1 check off contribution on tax form

- this creates Fed matching funds

- direct, personal funds limit of $1000

- direct, organization funds limit of $5000

- soft money, which is given by PACs to the National Political Committees is legal & unlimited

The 1974 campaign finance reforms merely changed the route of the flow of the $$$

After, the 1974 campaign finance reforms, PACs exploded in number

In 1980, 1585 corporate PACs gave $ 36 mm

In 1980, 240 union PACs gave $ 13 mm

Politicians, Rep & Democrats insist there is no quid pro quo in contributions: in that they receive money, but give no assurance the issue will be addressed-- so it is not a bribe

But there is a high correlation btwn amount of $ given, & a particular candidates overall voting record for both Reps & Dems

1997 CAMPAIGN FINANCE REFORM

A possible Campaign Reforms Proposed in 1997, did not pass, & would have limited soft money

The 1997 Campaign Reform Proposal would have limited soft money

The problem w/ limiting soft money is that some believe it limits “free speech” & possibly total amount candidate can spend

Many commentators believe that the even w/ campaign finance reform, the political process will always find another way to get money into campaigns

Other solutions being considered for campaign finance reform include:

- the limiting of the amount campaigns can spend for each office

- finance elections completely w/ federal funds only

- partially finance elections to a greater degree than the matching funds now available

- the demand for full & immediate disclosure of money campaign contributions

- the elimination of all non voluntary contributions from unions, employees, etc.

MCCAIN FEINGOLD CAMPAIGN FINANCE REFORM

The McCain-Feingold, Campaign Finance Reform Act of 2002 was under Supreme Ct. review in 2003 & a decision was given in time to influence the outcome of the 2004 Presidential election

In the judicial review of the McCain-Feingold, Campaign Finance Reform Act of 2002, it was found that limiting campaign contributions was constitutional & in the national interest

Post 2004 election, it was found that while the McCain-Feingold, Campaign Finance Reform Act of 2002 limited contributions from individuals, & required full & nearly immediate disclosure of who was giving money to whom, it also allowed the creation of small, independent political campaigning entities

An example of the new small, independent political campaigning entities formed under the McCain-Feingold Act is the Swift Boat Veterans (against Dem Pres Candidate Kerry)

Link

Soft money had a major impact on the 2004 election in the form of 427 orgs which could raise money & spend it as they please, independent of any campaign

Notable 427s were the Swift Boat Veterans, who roundly discredited Kerry, & Move-On.org, who attacked Bush

2008 ELECTION

Fundraising records are again being shattered

McCain & Obama are is a debate w/ the latter accusing the former of going back on his promise to use fed matching funds while having no intention of using them himself

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Outline on Political Power

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STRATIFICATION

Stratification: Social process where scarce social & physical resources such as wealth, income, power, status, etc. are non randomly distributed among members, groups, classes etc. of society

THE SOURCES OF POWER

There are SIX basic sources of power, including

1. Authority

2. Politics: voting, elections, etc.

3. Force & Coercion

4. Control of Information

5. Wealth & Income

6. Influence

POLITICS AS A SOURCE OF POWER

In any democratic society, votes:

a. determine who gets elected

b. enable the electorate to elect someone w/ their viewpoint

c. influence an official after they have been elected

FACTORS AFFECTING VOTER PREFERENCES

The factors affecting voter preferences include:

a. the issues

b. the candidate's personality, looks, etc.

c. group interests ( not to be confused w/ interest groups ) which may be embodied in the Republicans, the Democrats, interest groups, peer groups, etc.

GROUP INTERESTS

Group interest voting is when organized interests vote as a block

Note that the term "interest group" is used to describe a formal organization that supports group interests

Interest groups usually have lobbies in Washington DC & many state legislatures

Ethnic groups, teachers, business interests are examples of group interest

The NAACP, NEA, & the NAM are examples of interest groups

Group interests influence is the most important in local elections

Group interests are less influential on national level because no one group can dominate

Some group interests are only linked by a single issue

Single issue group interests are usually even less influential

But all group interests gain power in a tight election

VOTING RATES

Americans have the lowest voter turn-out

Voting rates in non presidential election years is 35 to 40%

Voting rates in presidential election years is 50 to 60%

Despite the fact that young people only recently fought for the vote (1972), they are the least likely to vote.

Older people are the most likely to vote

Americans have the lowest voter turn-out of any western, industrialized nation

CAUSES OF LOW VOTER TURN-OUT

Voter turn-out is so low because

1. voter registration is optional in the US but it is often mandatory in other countries

2. it is more difficult to register here, though motor voter laws have made it easier

3. people believe they do not have time since the US does not have voting holidays

4. people claim they do not like either candidate

5. people claim that nothing will change

6. people do not know the issues since there is little clear, rational debate in the media

7. people believe that one vote makes no difference, even though many elections are won by only a few hundred votes

8. people are satisfied; people are more likely vote if they are strongly against something, than if they feel strongly for something

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Outline on the Public Policy Process

External
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- Project: Policy Actors

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- Project: The Public Policy Process, Domhoff's Analysis, & Reform of Campaign Financing & Lobbying

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SUMMARY

Industry & interest group lobbying has influence at all stages of the public policy process, & beyond

Congress passes laws

Lobbyists, industry, government agencies, the Public, et al offer "advice" ( lobbying & influence )

The prospective law is signed or vetoed, or line item vetoed by the President

The law given to the appropriate government agency for implementation

Agencies make draft rules which are printed in Federal Register for public approval

Agencies review public comments & write final rules

Agencies implement rules

During implementation, rules must be interpreted & decisions must be made

Courts interpret laws & rules

THE UPPER CLASS

The upper class directly shapes govt policy by impacting the public policy process

Govt. policy & the public policy process is the least recognized by the general public, but it is the area where the public could have great influence

Several types of policy are "routine" in that they are specified in the Constitution or law & occur regularly

FISCAL POLICY

Fiscal policy is perhaps the most visible govt policy

Fiscal policy is the most open to the democratic process & thus highly influenced by the upper class, the corporate class & the upper middle class

Fiscal Policy includes primarily fed law on taxing & spending

MONETARY POLICY

Monetary policy is "insulated from politics" which results in almost no input from the general public & great power by the President

Broad monetary policy issues include unemployment & interest rates which are “insulated from politics” by independent boards

The Federal Reserve Board's members appointed for 7 yr. terms during which they set major interest rates & the money supply

Federal Reserve Board members are very difficult to remove, so a President picks them carefully

DOMHOFF ON GOVERNMENT POLICY

1. Domhoff believes that the upper class, the corporate class & the upper middle class provide most of the money in the political process

2. Domhoff believes that the upper class, the corporate class & the upper middle class provide most of the money to fund think tanks, foundations, university research, etc.

3. Domhoff believes that the info from think tanks, foundations, university research, etc. is funneled into the policy process as evidence/data

4. Domhoff believes that the info from think tanks, foundations, university research, etc. is funneled directly to the government to influence the policy making process

5. Domhoff believes that the info from think tanks, foundations, university research, etc. is funneled directly to the media to influence policy & public opinion

The policy formation process is seen as increasingly important in our information age society

THE ACTORS IN THE POLICY FORMATION PROCESS

There are many "players' or actors in the policy formation process, that lobby & produce policy documents, including:

1. corporations
2. the upper class (i.e. those w/ personal fortunes)
3. foundations
4. universities ( granting agencies )
5. policy planning groups ( think tanks )

6. govt. commissions, councils, etc.
7. national news media
8. executive agencies, president, congressional committees, courts
9. social movements (conservative, liberal, centrist, etc.)

Each of the players in the policy formation process has a direct role in making policy, & lobbying the other players

Miscellaneous interest groups (e.g. environmental groups, gun groups, anti- & pro- abortion, etc.) & the general public (& organized publics) have input into the public policy process through letters, phone, email, direct contact: spontaneous or "solicited"

Interest groups & the general public (& organized publics) sometimes produce policy documents as do the "players" discussed above, but more often they simply lobby by voicing their opinion

See Also: Policy Formation Process ( Making Law )

See Also: Participants in the Env Debate

EXAMPLES OF POLICY PLANNING GROUPS

Brookings Institute

American Enterprise Institute

Cato Business Council

Heritage

Council on Foreign Relations

Committee on Economic Development

RAND Corporation

University boards are influenced & staffed by members of the upper class

Profs & other researchers understand that there are political implications to their work & that policy planning grps will line up for or against them

Blue ribbon panels are "independent," temporary committees which are tasked w/ examining special problems such as riots, the CIA, energy, corruption, accidents, etc.

The media is often said to be liberal, but it is becoming increasingly focused on info-tainment, centralized, controlled by major corps, & big money oriented

Turner vs. Murdock; Time, Newsweek, US News & World Report

MONEY & POLICY FORMATION

There are many processes for transferring money in the policy formation process, including:
a. gifts ( donations to politicians & the other players, gifts to universities, etc. )
b. endowments
c. grants
d. contracts
e. direct financing of projects

INFORMATION TRANSFER

There are many process for transferring information in the policy formation process, including:

1. research findings
2. personal research reports
3. policy recommendations

4. reports & news items
5. govt. reports
6. think tank reports

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Outline on Lobbying

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THE ACTORS IN THE POLICY PROCESS

There are many "Players' or actors in the policy formation process, that lobby & produce policy documents

1. corporations
2. the upper class (i.e. those w/ personal fortunes)
3. foundations
4. universities ( granting agencies )

5. policy planning groups ( think tanks )
6. govt commissions, councils, etc.
7. national news media
8. president, exec agencies, Congl committees, courts

Each policy actor has a direct role in making policy, & lobbying the other players

Miscellaneous interest groups (e.g. envl groups, gun groups, anti- & pro- abortion, etc.) & the general public (& organized publics) have input through letters, phone, email, direct contact: spontaneous or "solicited"

Interest groups & the general public (& organized publics) sometimes produce policy documents as do the "players" discussed above, but more often they simply lobby by voicing their opinion

See Also: The Policy Formation Process ( Making Law )

See Also: Participants in the Envl Debate

CONGRESSIONAL LOBBYING IS WHERE MOST LOBBYING OCCURS

Congressional lobbying is a high stakes, risky "business"

In the past, all Congressmen had safes in their offices where they kept the money lobbyists gave them

Today, the distinction btwn lobbyist & contributor is wider; only that there is no quid pro quo

In 1990, there were more than 6,800 congressional lobbying groups in the US, however most of them tend to represent certain groups of interests, such as Domhoff three key interest groups

Lobbyists are all registered: There are 8000 registered lobbyists in the mid 1990s

In 2005, there were more than 14,000 registered lobbying groups in Washington, DC, averaging just over two employees each for a total over 30,000 lobbyists (many lobbying firms are small)

In 2005, there were approximately 30,000 members of Congress & staff members, making the ratio of lobbyists to officials on the Hill nearly 1 to 1

In the early 90s the total value of earmarks added to bills was under $100 mm, while in 2005 the value was over $32 bb

Because of corporate influence on govt, there is an inverse relation of corporate size & the amount of taxes paid

ENVL LOBBYISTS PERFECTED LOBBYING FOR INTEREST GRPS

Since the late 1960s, the envl mvmt developed lobbying & political tactics for interest groups, NGO's, etc.

W/ the dawn of the envl mvmt in the 1960s, the envl mvmt first focused on passage of fed envl laws, e.g. lobbying Congress

Today, the envl mvmt plays a greater role:

a. in the implementation of envl regs

b. court cases about the env

c. w/ state laws, implementation & court cases

INDL LOBBYISTS HAVE A VERY LONG RECORD OF LOBBYING

Industry groups developed counter interest groups of lobbying & political tactics

In the past, industry appeared to give up after the policy adoption stage, i.e. law making, only to come back during implementation

Now, like the envl mvmt, industry struggles w/ policy at all levels

Industry has attempted to keep the envl mvmt out of the rule making & implementation processes by limiting public access to rule making

THE GOVT IS THE TARGET OF LOBBYING

In the rule making process, a person must show standing by showing continuing interest in a project or by showing a material interest

Participation is difficult due to short comment periods on proposed rules; usually 30 days

After Reagan's govtl downsizing of the govt, agencies & commissions are often ill equipped & under funded when it comes to implementing policy

Most govt agencies are ill equipped to handle public comment, & this is a place where social scientist are useful in govt.

Most govt. agencies are heavily lobbied at all stages of the implementation process & thus try to find "legal peace" among conflicting parties

Most people & agencies in govt. ( Congressmen & women, Reps, etc. ) all respond similarly to lobbying by seeking legal peace & compromise among the parties

In seeking compromise, govt agencies often seek simply to end the conflict rather than finding the most just outcome that may reduce conflict, but not totally end it

In seeking less than optimally just outcomes, & instead pursing legal peace, govt agencies are eschewing their responsibility to the greater good, ignoring the fact that they too are a player in the public policy formulation process & not merely a broker

The policy implementation is a slow, minutely focused, incremental process

Rules, procedures, etc. change, minutely, year by year, month by month, even day by day

EXAMPLES OF LOBBYING ON ENVL ISSUES

THE SALVAGE LOGGING RIDER

In the salvage logging example, lobbyists lobbied over the definition of a dead tree

1994 was a big wildfire season & therefore in the fall of 1994 & spring & fall of 1995, salvage logging of the burned trees became a priority, which was strongly lobbied

As a result of lobbying, the Salvage Logging Rider ( SLR ) was passed after the devastating 1994 fire season

While there was considerable lobbying around the passage of the SLR itself, lobbying continued throughout the formation of the agency rules to implement the law as seen in the counting of "dead" trees, which may be salvage logged

The players in the SLR policy debate developed policy because there was no "science" on determining when a tree is dead

The players in the SLR policy debate knew that if you wait too long, dead trees cannot be harvested

W/ the SLR there was approximately a 1 year window to salvage the burned timber before the wood became too rotten

W/ the SLR FS personnel, loggers, & envlists argued about the criteria such as 'what % of each species of tree can be brown & it is still likely that the tree will survive?'

In the SLR policy debate, 3 parties argued over actual measurement of brown needles on fire damaged trees

W/ the SLR the FS, the logging corps, & the envlist went to court & a compromise was reached over how to define a dead tree

Compromises in policy are often based as much on politics as science

The implementation of salvage logging changed day by day as either logging corps or envl group members "worked w/" FS officials in the office or out in the field

FOREST HEALTH

In 2002 & 2003, an example of a public policy debate included the proposed Forest Health Legislation

In the 2002/03 proposed Forest Health Legislation, the public policy issue was whether the forest was overgrown because of wildland fire suppression

Public policy explored whether the problem of forest health existed & how it could be fixed

The solutions to forest health, whether the problem exists or not included burning, mechanical thinning, logging, some combination of the above

The forest health public policy debate explored where should the problem be addressed, including in the WUI, in the back country, in particular areas chosen according to particular criteria, etc.

The forest health public policy sought to define WUI, by for example, determining whether it included watersheds, rural zones, etc.

Some players in the forest health public policy sought to exclude NEPA, public comment, & to include categorical exclusions ( CEs )

An example of a public policy debate included whether Microsoft is involved in accusations of monopolistic practices

The example of the Microsoft public policy saw, for the first time, Microsoft "becoming involved in politics" by contributing $$$ to the Republican Party

Internal
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Outline on the Executive Branch

External Links

- Project: Representation & the Branches of Govt

Link

THE CABINET IS DOMINATED BY THE UPPER CLASS

The President's Cabinet is usually dominated by the upper class

Even President Carter, elected after Watergate w/ commitment to no more politics as usual, chose a cabinet dominated by the upper class

The Trilateral Commission is a non governmental organization that is an off-shoot of Council on Foreign Relations, which sought to influence govt policy

Reagan, Bush Sr., Clinton's Cabinets shows factions w/in the upper class: old - new rich; cold warriors - coexistence; monetarists - fiscalists; etc.

Link

Table: The Upper Class Origins of the Govtl Elite

OLD MONEY & NEW MONEY & CONFLICT IN THE CABINET

An analysis of the upper class origins of the governmental elite strongly supports the claim that the upper class dominates the executive branch

Many social theorists believe that the question of "old money" or "new money" dominating the exec br & govt in general is an imp one

Most theories hold that the new money group, i.e. the entrepreneurial wealthy, is more responsive to the public good than is the old money group

However, even new money typically has it allegiances w/ the wealthy class advocating some form of trickle down theory

Thus the exec br, even when dominated by the new money grp, advances policies to create wealth for the wealthy, & has less concern for the middle class

The allegiance of the exec br w/ the upper class can be clearly seen in that both Dem & Rep admins continue to appoint & support such exec br appointees as Allen Greenspan, former Chairman of the Fed Res Bank, who consistently favors low interest rates, which benefit the wealthy, at the expense of unemployment, which costs the mid class

While the old - new money split represents one conflict of interest in the cabinet which supersedes other interests, there are many schisms w/in the upper class

Top

Table: The Upper Class Origins of the Govtl Elite

Kerbo 0306

Position in Govt.

Year

% of Upper Class

Domhoff Study, 1998

Cabinet

1932 - 1964

Secretaries of State

63 %

Secretaries of Defense

62 %

Secretaries of the Treasury

63 %

Mintz Study, 1975

All Cabinet

1897 - 1973

66 %

Democratic Cabinet

60 %

Republican Cabinet

71 %

Dye Study, 1995

Top Govt. Elite

1970

6 %

Top Military Elite

1970

9 %

Dye's govt. elite includes the cabinet & an extended list of top executive govt. & congressional officeholders

Internal
Links

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Outline on the Executive Branch & the Env

External
Links

THE EXEC BRANCH HAD EARLY INVOLVEMENT IN ENVL ISSUES

The Exec branch had early involvement in envl issues, earlier than other branches of govt

Fed govt involvement in env regulation is very new, really only starting in the early 1900s

In the early 1900s, the fed govt began estbing fed ownership of land for Parks & Forests

Big govt as we know it today first grew, permanently, during / after WW II

The Fed gov involvement in env reg began in the 60s w/ passage of 1st env laws, e.g. NEPA, 1969

EXEC AGENCIES INVOLVED IN THE ENV

EPA

Dept of Agriculture, USFS

Dept of Interior

The Dept of Interior includes the Bureau of Land Mgt (BLM) & the National Park Service (NPS) & other agencies

The head of the BLM is nominated by the Pres & confirmed by the Senate

Other Fed agencies & commissions w/ envl responsibilities
Table 3.2

PRESIDENTIAL LEADERSHIP HAS BEEN EXTENSIVE & IMPORTANT AROUND THE ENV

TEDDY ROOSEVELT

NIXON 1968 - 1972 1972 - 1974 (left office)

Nixon founded the EPA

William Ruckelshaus was the first head of EPA

When it started, the EPA had 3 goals including:
1. the formation of a well defined enforcement image
2. the implementation of the Clean Air Act
3. maintaining control over the costs of regulatory decision making

The EPA stole authority from Dept of Interior

Under Nixon, the US took global approach to env protection

Ruckelshaus convinced Nixon of the importance of the UN Conference on the Human Environment in 1972

FORD 1974 - 1976 ( finished Nixon's term )

Env programs slowed under Pres Ford because:
1. the energy crisis & the Arab oil embargo became more important & even trumped envl issue
2. the high cost of enviro regs to industry made regs less tenable
3. env momentum was lost

CARTER 1976 - 1980

In 1976 Carter had high envl marks as Georgia Gov but did not stand out as a particularly envlist Pres

Carter did increase the size & power of the EPA during his term

Carter's major envl legacy is the Alaska Land Bill of 1980

REAGAN 1980 - 1984 1984 - 1988

The EPA was headed by James Watt who is generally viewed as cutting EPA & env regs

Watt supporters note that he spent over $1 b to restore & improve Parks, & he added 1.8 m acres to the wilderness sys

Watt: made a racist remark in public & was forced to resigned in mid term

After Watt, the EPA was headed by Anne Gorsuch who married & became Burford, & ended up overseeing a 20% cut to the EPA

Burford mismanaged the EPA & was also forced to resign, which is when Ruckelshaus returned

BUSH, Sr. 1988 - 1992

Reilly became head of the EPA under Bush, Sr.

Lujan, the Sec of the Int convened a special committee on endangered species called the God Squad in the popular media who ruled on timber permits on BLM land

The God Squad dealt primarily w/ the spotted owl

Bush's wetlands policy was also controversial in that his admin redefines wetlands in such a way that many areas are eliminated from the listing

CLINTON 1982 - 1996 1996 - 2000

Clinton had a limited envl platform which proposed CO2 limitations, recycling, 40 mpg standard, & a restoration of the UN Population Fund

Clinton opposed drilling in the Arctic Natl Wildlife Refuge

Reauthorized Clean Air Act

Clinton lost his quest to raise grazing fees in West to make them equivalent to private fees

Clinton struck a deal w/ indl leaders to raise fees & allow more logging

The Clinton's compromise resulted in maintaining grazing fees & allowing more logging

Clinton attempts to limit logging but makes several compromises that allow a lot of logging esp. fire salvage sales

Near the end of his term, Clinton estb the Grand Escalante Nat Park in Utah

BUSH, Jr. 2000- 2004 2004-2008

Extends mpg goals

The Healthy Forest Act allows logging anywhere w/ less envl regs if the goal is to improve forest health

Bush repeatedly made attempts to open the AK Natl Arctic Refuge (ANWAR) to oil exploration, but failed

Internal
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Outline on US Govt Agencies

External
Links

EXECUTIVE AGENCIES

Most fed govt agencies are under the control of the Exec Br of govt

In most cases, the top tier of administrators are political appointees meaning that new administrators are appointed whenever a new presidential administration takes power, or for that matter, whenever an administration chooses

LEGISLATIVE AGENCIES

There are some govt agencies that are under control of the Leg Br of govt such as the Congressional Budget Office

INDEPENDENT AGENCIES

There are some govt agencies that are "independent" in that their top administrators are appointed for fixed terms & thus are not generally changed when a new administration comes into power or whenever an admin chooses

Independent govt agencies are independent in that they are less subject to the control by an admin or Congress

APPOINTEES

The top level leaders in most govt agencies are appointees

Mid & lower level bureaucrats w/in a govt agency are generally not political appointees

If one is not an appointee, then they are hired or dismissed just like any employee

Mid & lower level bureaucrats w/in a govt agencies vary widely in their implementation of upper admin policy & thus it is always difficult for a new admin to get its programs implemented uniformly by an agency

EXAMPLES OF EXECUTIVE AGENCIES http://www.loc.gov/rr/news/fedgov.html

Link

The Forest Service

Link

Office FS Website http://www.fs.fed.us/

Link

The Dept Of the Interior

Link

Official DOI Website http://www.doi.gov/

Link

The EPA

Link

Official EPA Website http://www.epa.gov/

Link

EXAMPLES OF LEGISLATIVE AGENCIES http://www.usa.gov/Agencies/Federal/Legislative.shtml

Link

The Congressional Budget Office http://www.cbo.gov/

Link

The Congressional Research Service http://www.loc.gov/crsinfo/whatscrs.html

Link

The Government Accountability Office http://www.gao.gov/

Link

EXAMPLES OF INDEPENDENT AGENCIES http://www.usa.gov/Agencies/Federal/Independent.shtml

Link

CIA http://www.cia.gov/

Link

Federal Mine Safety & Health Review Commission http://www.msha.gov/SOLICITOR/FMSHRC/fmshrc.htm

Link

National Labor Relations Board http://www.nlrb.gov/

Link

Internal
Links

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Outline on the EPA

External
Links

INTRODUCTION

- Official EPA Website http://www.epa.gov/

Link

The EPA is an ind agency in the exec br of govt

THE EARLY EPA, ESTB IN 1969

The EPA was estb. in 1969 by the National Env Protection Act (NEPA)

See Also: Lobbying

c. Congl members lack the time & expertise needed to deal w/ tech legislation

d. localized re-election concerns override a natl view of policy making

CONGRESS IS ACCESSIBLE

The US Congress is perhaps one of the most open legislatures in the world in that almost anyone can meet w/ their Senator or Representative if they make an appt

The US Congress is also open in the sense that members are capable of being influenced by their constituency whether that be a wealthy individual or one simply w/ a cause

The procedures of Cong are designed to give the minority party some power even though they lack a majority

One important procedural feature of Cong is its committee systems whereby bills, appointments, etc. must come through a committee before coming up for a vote

Committees often refuse to let a bill to the floor for a vote

The committee system was under attack in the 00s because some fed court appointees are not getting out of committee to a floor vote

VP Cheney is threatened the "nuclear option" which essentially means dismantling the committee system which has functioned in Cong for centuries

CONGRESSIONAL INACTION

Cong is well known for avoiding the tough decsions that it must make on the env, as well as other imp issues such as abortion, energy policy, social security, military base closings & more

Cong avoids the tough decisions because no single Senator or Rep wants to face his or her constituency after making difficult decisions, & indeed frequently those who do make tough decisions are voted out of office

Thus Cong does reflect the Am public's inability to make tough decisions & to punish people, orgs, etc. who do

Cong's lack of tough decision making relegates many difficult decisions to the cts as seen in the Spotted Owl protection of species issue that had to be decided by Western cts, & the abortion issue which was decided by the Sup Ct

Cong often prefers to leave tough decisions to the cts, & it also leaves messy details of a law to the cts.

While Cong intentionally leaves issues to the cts, then they turn around & complain about "activist judges who are making law"

LEGISLATIVE AGENCIES http://www.usa.gov/Agencies/Federal/Legislative.shtml

Link

Congress has, relative to the exec branch, few agencies under its control

However, Congress is involved in oversight of exec br agencies & who is appointed to top level positions

Internal
Links

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Outline on the Legislative Branch & the Environment

External
Links

UNFUNDED MANDATES

In 1994, Senator Kempthorne, ID, R, proposed unfunded mandates legislation which holds that any law passed by Congress must provide an accting of costs to other parties, such as state govts, & provide funding for those costs

The unfunded mandates law has impacted env laws as well as many other types of legislation

The unfunded mandates law has prevented the fed govt from requiring states to protect species w/o paying for it

CONGRESS IS MORE PRONE TO REACT THAN ACT

Congress is more likely to react to situations because of media headlines & public pressure than they are to be proactive

Congress often passes laws after a major public event publicizes the issue as seen in the Healthy Forest Act of 2004 which followed the fires of 2003

Congress passed laws on terrorism after 9-11, on food safety after tainted food was found, etc.

Congress has a more difficult time passing laws on problems that are in the future such as social security, global warming, infrastructure, port security, etc.

CONGRESS IS OVERWHELMED BY TECHNICAL / SCIENTIFIC ISSUES

Many legislators in Congress admit to being overwhelmed by the science involved in creating envl law

LOBBYING

Congress is more susceptible to lobbying on envl issues than other branches of govt

PASSING THE BUCK

In a sense, Congress passes the buck, i.e. avoids responsibility by passing vague laws that rely on govtl agencies making specific rules to enforce them

Some laws passed by Congress on the env are very specific while others are very general, essentially ceding the power to the appropriate agencies to make the policy

THE CONGRESSIONAL EAST / WEST SPLIT

Many studies show much stronger level of envl interest or awareness, not concern, in the West compared to other regions

The Republican Congress, which came to power in the 80s has had an inconsistent position on the env because of the East/West conflict

In relation to the env, the split in Congress matches that of the population in that, in general, there are less envlly oriented people as a % of the population in the West than in the East

The historic, envl split btwn West & East has its origin in the greater reliance of the West on extractive industries of ag, logging, & mining

Histly, as the East dev less of an econ dependence on extractive industries, it became more envly oriented, & Congress has reflected that interest

Thus on my env issues, often a few Eastern Senators become the "swing votes" making or breaking a piece of legislation

Many envl issues have been avoided by Congress because of their inability to make the tough decisions

The protection of the Spotted Owl, in the West, was avoided by Congress & thus the Fed Cts in the West had to formulate policy on this issue

Many of the actions of the EPA have gone to the cts because Congress did not clearly spell out what the EPA should or should not do in law

Internal
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Outline on the Judicial Branch

External
Links

THE US CONSTITUTION & THE JUDICIAL BRANCH

The Jud br was estb by Art III of the Const which created the Sup Ct

The Sup Ct is the highest court in the land & is vested w/ all the jud pwrs of govt

There is a widespread debate on the role of the courts which encompasses the view that the court should be a strict interpreter of the Const, or that the court should be more activist & interpret the Const in light of contemporary events

The lower Fed Cts were not created by the Const, but by Congress

FUNCTIONS OF THE JUDICIAL BRANCH

There are three major functions of the cts, including judicial review, interpretation of law & case law, & the determination of standing

1. JUDICIAL REVIEW

Cts decide arguments about the meaning of laws, how they are applied, & whether they violate Const

Judicial review is the power of the court which allows it to interpret laws & decide whether they are valid in light of the Const

In the jud rev process, the judiciary provides checks & balances on the leg & exec br's

Judicial review not an explicit pwr given to crts but it is an implied power

In the landmark Supreme Court decision, Marbury v. Madison (1803), crts' pwr of jud review was clearly articulated

The cts often make difficult decisions that the leg or exec brs refuse to make, such as the:

a. teaching of evolution in public schools

b. prevention of the govt from limiting a woman's right to choose an abortion or not

c. integration of public schools

d. protection of endangered species

A major battle concerning the jud br is occurring in the 90s & the 00s over Congress' role in confirming fed judges

Under the present rules of the Congress, it is possible for a minority party to successfully oppose some jud nominations

Some in Congress believes the ability for a minority of legislators to successfully oppose a jud nominee gives them too much power & therefore they would like to change Cong's rules so that it is more difficult to oppose jud nominees

2. INTERPRETATION OF LAW & CASE LAW

The interpretation of law & case law is the process by which the cts resolve conflicts among laws, define concepts in laws, provide limits to laws, decide issues on special cases, decide the scope of a law (which types of situations should a law apply to), & more

The interpretation of law & case law is like judicial review in that the cts try to make laws consistent w/ the prior body of law & try to imagine the future impact of a law

Interpretation of law & case law is different from judicial review in that the latter deals w/ laws relationship to the Constitution, while the former deals w/ laws relationship to other laws or to the situations to which they are applied

3. DETERMINATION OF STANDING

A major task of the cts is to decide who may bring a legal suit against the govt or against another individual & who may not

If a person has standing they are said to have an interest in the case & thus may participate in that legal case

Under the Constitution, standing is only granted to those who have clearly been harmed, such as w/ personal injury or property loss

One important feature of standing is that the govt must give permission for anyone to sue them; a person cannot sue the govt unless the govt agrees to let them sue

The cts still have a hand in interpreting when a person may or may not sue the govt in that there are limits to the ability for the govt to control standing

A re-writing of some govt regs has made it more difficult for citizens to gain standing in that a person must show an interest in a given subject for a longer period of time if they are to have standing

Internal
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Outline on the Judicial Branch & the Environment

External
Links

THE JUDICIAL BRANCH IS THE 3RD BRANCH OF GOVT

The courts utilize 3 primary functions in making envl policy which include:

a. judicial review

b. the interpretation of statues through cases brought to them

c. the determination of standing

The cts determine who has the authority to determine access to the judl process & may play an activist role in envl policy making through their decisions

NEPA OPENS THE ERA OF JUDICIAL ACTIVISM AROUND THE ENV

Under NEPA, individuals
- could sue govt for not enforcing env law
- could sue violators of envl laws
IF they had standing

STANDING & THE ENV

Under NEPA & other env laws, the legal concept of standing was greatly expanded allowing individuals & grps to sue both to enforce envl laws & to punish the violators of envl laws

The cts allow envl groups to sue on behalf of the public interest

Since its expansion under NEPA & subsequent law, standing has been reduced in that an individual must now show continual interest in an issue to have standing

JUDICIAL ACTIVISM & THE ENV

Many analysts recognize that the cts act when the legislative br fails to act, i.e. on controversial issues

Because of the failure of the leg br to resolve societal conflicts or because of the vagueness of some laws, the cts are often address the issue

In the env, the courts have resolved many issues & made difficult interpretations of laws on endangered species, toxic waste, the allocation of resources, pollution, & more

For example many endangered species issues have been resolved by the cts including the spotted owl, the snail darter, the grizzly bear, & more

While many decry the activism of the cts in relation to the env, if Cong would pass clear laws, & deal w/ all the issues, the cts would not have to resolve these issues

Internal
Links

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Outline on a Summary of Environmental Laws & Regulations

External
Links

Supplement: Appendix: Major US Environmental Legislation, 1947-1997

Link

- Project: Envl Law

Link

Table on Environmental Law by Administration & Topic of Envl Law

The Table on Envl Law shows that envl law is a patchwork of laws & regs that have provided an inconsistent, conflicted, & overly complicated regulatory climate for industry & envlists

Most observers agree that the major US envl laws include the:

1969 Natl Envl Protection Act (NEPA) estb EPA
1972 Clean Water Act
1976 Nat Forest Mgt. Act

1977 Clean Air Act
1980 Superfund
1990 Reauthorization of Clean Air Act

MODERN MAJOR US ENVL LEGISLATION

Modern major US envl legislation was begun in the 1960s w/ a flurry of activity

The major theme of modern envl legislation is that the fed govt must take a major role in solving what was beginning to be called the envl crisis

Early in the mod envl leg era, participants believed a limited partnership btwn the feds & the states was insufficient to achieve envl goals

Early in the mod envl leg era, the envl crisis became a global issue

PRESIDENTS HAVE HAD ENVL FORESIGHT

Many major envl laws such as the establishing of the Forest Reserve system under Pres TR, the establishment of the EPA under Pres Nixon, the AK lands bill under Pres Carter, & the establishment of the Roadless Rule under Clinton were all the work & effort of a far sighted president more than the govt responding to public pressure as activated through Congressional led legislation

Significant envl leg, such as the Superfund law, the Clean Air Act, & several clean water bills, has been passed by Congress as the result of public pressure

Top

Table on Environmental Law by Administration & Topic of Env Law

External
Links

Year

Air

Water

Waste &
Toxic Material

Land Use

Forest

Mining
& Other

1785
Richard Henry Lee

Ordinance Act

1862
Lincoln

Homestead Act

Pacific RR Act

1872
Grant

General Mining Law

1891
Harrison

Forest Reserve Act

1893
Harrison
Cleveland

Interstate Quarantine Act

1899
McKinley

Refuse Act

1906
TR

Antiquities Act

1907
TR

USFS estb

1920
Wilson

Fed Water Power Act

Mineral Leasing Act

1934
FDR

Taylor Grazing Act

1936
FDR

Flood Control Act

1947
Truman

Fed Insect. Act

Materials Disposal Act

1948
Truman

Water Pollution Control Act

1955

Common Varieties Act

1956
Eisenhower

Water Pollution Control Act
Amend

1960
JFK

MUSYA

1963
JFK

Clean Air Act

1964
LBJ

Land & Water Conserv Act

1965
LBJ

Water Quality Act

Solid Waste Disposal Act

Concessions Policy Act

Highway Beautification Act

1966
LBJ

Clean Water Restoration Act

Endangered Species Preservation Act

1967
LBJ

Air Quality Act

1968
LBJ

Nat Wild & Scenic Rivers Act;
Nat Trails Sys Act

1969
Nixon

NEPA;
Endangered Species Act

1970
Nixon

Clean Air Act Amend

Water Quality Improvement Act

Res Cons & Rec Act

Env Ed Act

1971
Nixon

AK Native Claims Settlement Act

1972
Nixon

Fed Water Pollution Control Act

Clean Water Act

Fed Env Pesticides Control Act

Coastal Zone Mgt. Act

Marine Protection Research & Sanctuaries Act

Noise Control Act

1973
Nixon

Endangered Species Act

1974
Nixon

Safe Drinking Water Act

RPA

1976
Ford

Toxic Substances Control Act

Res Cons & Rec Act Amend

Fed Land Pol & Mgt. Act

Nat Forest Mgt. Act

Mining in Parks Act

1977
Carter

Clean Air Act Amend

Clean Water Act Amend

Soil & Water Conserv Act

SMCRA

1978
Carter

Public Utility Reg Pol Act

Nat Energy Act

1980
Carter

Superfund

AK Lands Bill

Fish & Wildlife Conservation Act

1982
Reagan

Nuclear Waste
Policy Act

1984
Reagan

Res Cons & Rec Act Amend

1985
Reagan

Food Security
Act

1986
Reagan

Safe Drinking Water Act

Superfund
Amend

1987
Reagan

Clean Water Act Amend

Nuclear Waste Pol Act Amend;
Global Climate Protection Act

1988
Reagan

Fed Insect. Fung. & Rodent Amend

Ocean Dumping
Act

1990
Bush Sr.

Clean Air Amend

1992
Bush Sr.

Energy Policy Act

1994
Clinton

Cal Desert Protection Act

1995
Clinton

NPS Reform Act

1996
Clinton

Safe Drinking Water Amend

Food Quality Protection Act

1996
Clinton

Road Moratorium

2000
Clinton
Bush Jr.

Roadless Area Rules

2003
Bush Jr.

Reversal of Roadless Area Rules

2004
Bush Jr.

Healthy For Act

2005
Bush Jr.

Revision of For Plan & EIS Rules

Year

Air

Water

Waste &
Toxic Material

Land Use

Forest

Mining
& Other

Internal
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Top

Detailed Outline on Envl Laws & Regs

External
Links

There are six broad categories of envl law including:

Link

1. Air Law

Link

2. Water Law

Link

- Native Americans & Water Law

Link

- Water Projects & Irrigation Law

Link

- Drinking Water Law

Link

- European Water Law

Link

3. Waste & Toxic Material Law

Link

4. Land Use Law

Link

5. Forest Law

Link

6. Other Law

Link

- Energy Crisis Law

Link

- Mining Law

Link

- Flora & Fauna Law

	AIR LAW
	1963 Clean Air Act
	1967 Air Quality Act
	1970 Clean Air Act Amendment
Link	1977 Clean Air Act Amendments also brought groups together
Link	1990 Clean Air Act Amendment

	WATER LAW
Link	See Also: Drinking Water
	1802 Army Corps of Engineers The Army Corp of Engineers became a major construction arm of the fed govt 1886 Congress prohibited dumping into NY harbor
Link	In 1899 the Refuse Act prohibited dumping of sold waste into commercial waterways
	1902 The Reclamation Service which became the Bureau of Reclamation (BR) - aided western settlement - could only serve owners of 160 acres or less - became captured by local interests - built massive water dev projects, canals, & public works such as Washington's Grand Coulee Dam: which was the largest single purpose peacetime appropriation in US hist Both the Army Corps of Engineers & the BR became known as pork barrels; i.e. legislation to help a single district
	Co-optation & Water Many social theorists believe that the agencies which regulate the use of public water & waterways have been co-opted because of the - close relationship between - Congress - the Army Corps of Eng - the Bur Rec - & local water interest lobbies
	In 1912 the first pollution monitoring began as the Public Health Service begins monitoring pollution levels
Link	In 1920, the Federal Water Power Act estb both: - the Fed Power Commission - & the Fed Energy Regulatory Commission
Link	The Flood Control Act of 1936 - gave the Army Corps authority over navigational waters & flood control As a result of the New Deal & the Flood Control Act, the Army Corps of Engineers constructed 10 large dams / yr. on average for fifty years
Link	In 1948, the Water Pollution Control Act - provided studies & research & limited funding for sewage treatment - provided for assistance in developing plans to reduce pollution In 1952, in a review of the WPCA to Congress, not a single enforcement action had been taken
	The practice of govt agencies & private orgs not following their own regulatory rules, safety rules, gen op procedures, etc., is called bureaucratic noncompliance (BNC)
	BNC is fostered by a culture of - bureaucracy & red tape, - overwork, - nonadherence to fundamental orgl principles, - lack of training - lack of resources - ignorance - lack of institl memory, & more
	See Also: The Dysfunctions of Bureaucracy
Link	The 1956 Water Pollution Control Act Amendments limited regulation to interstate waters
	Under the Water Pollution Control Act, the feds delegate authority to the states
	In the 1960s, Senator Edmund Muskie of Maine said that the states were doing an inadequate job
	1964 Land & Water Conservation Act
Link	1965: Water Quality Act: Estb standards & streamlined fed enforcement efforts Johnson predicted the Potomac River would be reopened for swimming by 1975. NOT
Link	1966: Clean Water Restoration Act: $3.5 bb in fed grants for sewage treatment plants & research
	1969: Cuyahoga River in Ohio caught fire
	1970s: US water policy based on regionalism CA has used money & water from other states for own needs Colorado River: struggle between AZ & CA: More legal docs than any other in history of US litigation Mid 1970s: envl groups turned to water issues 1977: Carter: devs hit list of 19 water projects to delete from Fed Budget The Water Lobby defeated Carter
Link	1972 Clean Water Act Gave the Army Corps of Engineers wetlands jurisdiction
Link	Federal Water Pollution Control Act 1972 Nixon Tech solutions: Set six deadlines for the EPA to increase water quality Estb Nat Pollution Discharge Elimination System (NPDES) Made it illegal to discharge anything w/o permit Nader: 150 miles of the Mississippi River btwn Baton Rouge & New Orleans: petrochemical corridor
	1972 Marine Protection Research & Sanctuaries Act
	Accounting Network or NAS-QUAN Began in 1974: info from US Geological Survey: Monitors waterways via National Ambient Stream Quality Republicans are trying to do away with this agency
	1977: carbon tetrachloride spill in Ohio River: Cincinnati's water supply
	1977 Clean Water Act Amendment
	1980: Reagents election cheered by the water industry: Reagan appoints Broadbent from NV to the Bureau of Reclamation But Reagan continued Carter's policies on cost sharing Mid 80s: agreement that 1972 water standards are overly optimistic
	1977 Clean Water Act Amendment
	1987: Water Quality Act Over two vetoes by Reagan Expanded authority to regulate non point sources Logging, farming, acid rain Also updates drinking water standards (Drinking Water discussed below)
Link	See Also: Drinking Water
	1988 Ocean Dumping Act
	NATIVE AMERICANS & WATER LAW
	1908: Winters Doctrine Granted Indians right to all waters that arise under, border, traverse, or underlie a reservation, & requires that they must continue to be made available to serve current & future needs of reservation 1963: Supreme Court upholds this right
	1922: Colorado River Compact: Divided water btwn western states & Mexico Mexico has historically not gotten water allocated to them
	EPA Water Regs A number of laws give EPA reg power over water Resource Conservation and Recovery Act 1970 Regulate hazardous & non hazardous materials Superfund 1980 Federal Insecticide, Fungicide & Rodenticide Act (FIFRA)

	WATER PROJECTS & IRRIGATION LAW
	1900: National Rivers Congress: Business, contractors & member of Congress: Monitored Corps projects Lobbied Congress to continue projects long completed After WW II: US growth continued & so few questioned these projects. Ag expansion became a key part of the projects: govt subsidized water
	1930: Irrigated land: 2.7 mm acres 1960: 7 mm acres 1960s: water resource planning changed from emphasis on econ dev to municipal, industrial & recreation purposes Water lobby forced to make concessions to envlists: projects infringed upon scenic or preserved areas
	DRINKING WATER LAW
Link	1893 Interstate Quarantine Act: Gave fed govt authority to estb quality standards 1914: US Public Health Service set first water standard 1925, 1942, 1946, 1962: revision of standards Eisenhower: water pollution was a local blight: authority should rest with sate & local officials 1970: EPA: reaffirmed policy making authority for water
	1970 Water Quality Improvement Act
Link	1972 Clean Water Act: required the EPA to impose best available pollution control tech EPA did not act until 1976 until it was force to by a suit This began the "How safe is safe?" debate
Link	1974: Safe Drinking Water Act EPA authorized to identify contaminating substances & set max allowable levels: National Primary Drinking Water Regulations
Link	1986: Safe Drinking Water Act Amendment Accelerate reg of toxins in water 3 year timetable for 83 chemicals: not met
Link	Congress updated standards, effective in 1991 1987: Water Quality Act EPA again drags feet: Suit by Natural Resource Defense Council in 1992: Extended standards to more industries Implementation by 1996 & 2002 States have failed to comply with 1987 Water Quality Act
	EUROPEAN WATER LAW
	1963: Transboundary European pollution: Berne convention 1977: Rhine Chemical convention Neither had effective enforcement mechanisms nor incentives for compliance. 1986: Sandox Chemical Co: Basel, Switzerland: chemicals flowed down the Rhine River
	So which law should apply, down or up stream? 1972: UN Stockholm Declaration: Estb envl principles but ailed to develop an intl law or liability & compensation Nothing new since then

	WASTE & TOXIC MATERIALS LAW
Link	1899 Refuse Act: prohibited dumping of sold waste into commercial waterways
	In 1934 the Supreme Ct ruled that municipal waste cannot be dumped in the oceans & that private waste could be dumped, & still is today In 1992 the DOD circumvents ban through deep ocean isolation of waste
	Fed Insecticide Act
Link	1965 Solid Waste Disposal Act The Solid Waste Disposal Act legislated that - waste mgt. is locally enacted & implemented except for limited fed legislation - the fed govt shall offer advice & tech assistance on how to manage a dump - there should be no fed regs on sold waste disposal
Link	1970 Resource Conservation & Recovery Act The Resource Recovery Act encourages recycling & the dev of state waste mgt. programs The Resource Recovery Act was enacted in the early stages of the energy crisis
	1972 Fed Env Pesticides Control Act
Link	1976 Resource Conservation & Recovery Act Amendment The RCRA makes dumps sanitary so that don't pollute ground water Some states become dump sites because Supreme Ct. ruled that you can't regulate interstate traffic of waste disposal
	1976 Toxic Substances Control Act
Link	1980 Superfund
	Comprehensive Envl Response Compensation & Liability Act (CERCLA) of 1980 aka Superfund The Superfund program was, & remains very underfunded One of the major issues for Superfund is the disposal of underground storage tanks EPA tries to find companies responsible for toxic waste One solution to the Superfund deadlock is to limit the assessment of proportional past liability & allow all parties to negotiate liability
Link	1984 Resource Conservation & Recovery Act Amendment
	1986 Superfund Amendment
	1988 Fed Insecticide, Fungicide, & Rodenticide Amendment
	INTL LAW ON WASTE DISPOSAL
	1972 UN Conference on the Human Environment The 1984-5 Cairo Guidelines estb. notification, prior consent, & verification of the ability to manage waste African nations called the Cairo Guidelines "waste colonialism" In 1989, 68 LDCs known as ACP joined w/ the ECC & signed the Lome Convention & latter the Basel Convention which required informed consent or full notification
	Japan has been accused of being an eco outlaw because of their whaling industry & the amt of timber they import In Japan, there is a strong link btwn govt & industry & an emphasis on growth In Japan, neither the media nor academia has done much around envlism

	LAND USE LAW LAW
	The earliest envl law related to the ownership, use & govt disbursement of land
Link	The Ordinance Act of 1785 allowed the selling of govt owned land to highest bidder for a minimum of $1 / acre w/ 640 acres min
	The first fed land grants for RRs were granted by Congress in 1850
Link	In 1862, the Pacific RR Act granted 2 companies a right of way on the 42nd parallel for a transcontinental RR awarding them 10 mi of land on both sides of any track they laid
Link	The Homestead Act of 1862 allowed any person over 21 who was the head of a family, citizen or alien who intended to become a citizen could obtain 160 ac or 1/4 of a square mile by establishing a residence for 5 yrs w/ improvements, or buying it for $1.25 per ac in lieu of residence
	Establishing Public Lands 1872 Yellowstone established
Link	1906 Antiquity Act: Pres may w/draw lands from settlement if historically or naturally important
Link	1934 Taylor Grazing Act F Roosevelt: Disposal process ended officially Estb grazing districts on remaining fed lands Estb fed Division of Grazing: became BLM
Link	1965 Concessions Policy Act The Concession Policy Act limited concession business to those "necessary & appropriate" for the Park The CPA was too broad & concessions have over proliferated The over proliferation of concessions has inflamed xenophobia when, for example, a Japanese firm ran concessions in Yosemite NP
	1965 Highway Beautification Act
	1968 Nat Wild & Scenic Rivers Act
	1968 Nat Trails Sys Act
	1972 Coastal Zone Mgt. Act
	1977 Soil & Water Conservation Act
Link	AK Lands Bill of 1980 a.k.a. the AK National Interest Lands Conservation Act of 1980 (ANILCA) Under ANILCA Pres Carter made millions of acres of AK into wilderness areas There is still intense pressure to allow oil drilling in the Arctic National Wildlife Refuge (ANWR) & many observes expect that Pres Bush Jr. will secure this in his second term
Link	CA Desert Protection Act of 1994 The CA Desert Protection Act added 7.5 mm acres of CA desert to fed protection The CA Desert Protection Act was the largest fed land w/drawal since the AK Lands Bill & ANILCA of 1980 & the largest single wilderness law in the lower 48 states The CA Desert Protection Act estb. 3 Parks including the Joshua Tree National Park, which is managed as a wilderness, Death Valley National Park, which is managed as a wilderness, & the East Mojave Park
Link	NPS Reform Act of 1995 The NPS Reform Act - estb. new criteria for the designation of national parks - ordered the NPS to reassess its existing system - ordered that sites should have national value, historically & naturally Critics feared the NPS Reform Act would cut back the NPS, but in 2000, the last yr. of the Clinton presidency, new Parks were designated
	Omnibus Parks Bill of 1996 (Part of massive budget bill)

	FOREST LAW
	1891 Forest Reserve Act
	1907 USFS estb
	1960 Multiple Use Sustained Yield Act MUSYA
	1974 Forest & Rangeland Renewable Resources Planning Act RPA
	1976 National Forest Management Act NFMA
	1978 Roadless Area Review & Evaluation RARE
	1998 New roads moratorium
	2000 Roadless Area Conservation Rules
	2003 Reversal of the Roadless Area Conservation Rules
	2004 Healthy Forest Act
	2005 Revision of For Plan & EIS Rules

	OTHER ENVL LAW
Link	1969 NEPA The National Environmental Protection Act was proposed & signed by Nixon & estb. the EPA
	Wm Ruckelshaus was the first EPA Chief & he was more proactive than Nixon & others would've liked
	1970 Env Ed Act
	1971 AK Native Claims Settlement Act
	1972 Noise Control Act
	1985 Food Security Act
	ENERGY CRISIS LAW
	Congress rejects bottle bill & other recycling efforts EPA has shifted to toxic waste: cradle to grave programs Mid stage of Energy Crisis: gas prices 3x caused all prices to rise Politically difficult to enact envl laws w/ more costs to public
	1978 Public Utility Regulatory Policy Act
	1978 National Energy Act
	1982 Nuclear Waste Policy Act
	1987 Nuclear Waste Policy Act Amendment
	1987 Global Climate Protection Act
	MINING LAW
	1872 General Mining Law
	1920 Mineral Leasing Act
	1920 mineral leasing, rather than outright sales was estb as US policy to encourage mining
	1947 Materials Disposal Act
	1955 Common Varieties Act
	1976 Mining in the Parks Act
	1977 Surface Mining Control & Reclamation Act SMCRA
	FLORA & FAUNA PROTECTION LAW
	1966 Endangered Species Preservation Act
	1973 Endangered Species Act Amendment
	1980 Fish & Wildlife Conservation Act

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Outline on the State Governments

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NEW FEDERALISM

New Federalism is a policy which began w/ the State & Local Fiscal Assistance Act of 1972

Where Cong believes it necessary, they pass leg on soc probs, then often leave it to state to implement

But Cong does not always approve oversight mechanisms therefore state implementation varies widely

The passage of unfunded mandates legislation has limited the ability of the Fed govt to leave implementation & funding to the states

Unfunded mandate legislation says the Fed govt cannot pass unfunded mandates, thus the Feds must fund the implementation of all laws

STATE GOVTS SUPPLEMENT FED GOVT

State govts pick-up where Fed govt leaves off on many issues

States often take the lead where the Fed govt fails to act

States cannot "pass the buck" so they freqly they must act when Fed govt does not

EXAMPLE: NEW FEDERALISM

Reagan ( 1980 - 1984 1984 - 1988 ) campaigned on Fed govt reform & local control

In practice, Reagan's reforms meant simply reducing the size of many Fed govt agencies

The Reagan admin oversaw massive reductions in size of Fed govt agencies, including:

- EPA
- USFS
- BLM

- OSHA
- military
- others

The reduction of Fed regulatory agencies put the responsibility for regulation in the hands of the states & often the states did not take on the responsibility

STATES RESPOND DIFFERENTIALLY TO SOCIAL PROBLEMS

Some states have strong laws & implement them well, & some do not

TX, VA lead in executions
CA has strong env laws
SD has almost no env laws
MA has strong welfare laws

One of the reasons the founders of this democracy choose a federal sys of State & Fed govt is because they recognized under the Articles of Confederation that the states were too weak & would not make the difficult choices

Fed govt often comes in when for various reasons states refuse to act, or act too weakly as seen in the problems of crime in the 1930s, integration in the 1950, pollution in the 1970s, & so on

Today, State reg agencies such as forestry Depts are often weaker & have less effective laws that does the Forest Service

The founders of the fed sys also choose it because they did not want too strong of a Fed govt

STATE GOVT EXAMPLES

VA has a two house legislature w/ 40 State Senators & 100 State Delegates

In 2005 for the Wise county area, the VA State Senators are Pucket (D) & Wampler (R); the Delegates are Kilgore (R) & Phillips (D)

ID has a a two house legislature w/ 34 State Senators & 70 House Members

In 2005, ID has 27 Republicans, 7 Democrats of which 30 are men & 4 are women

SD has has a two house legislature w/ 35 State Senators & 71 House Members

In 2005 for the Yankton county area, the SD Senator is Garry Moore (D); the House Members are Jean Hunoff (R) & Matthew Michels (R)

CA has 44 State Senators & 80 Assembly Members

In 2005, the Senator for the Redding, CA area is Sam Aanestad; the State Assemblyman is Doug La Malfa

NE has a unicameral legislator, i.e. one house

THE DIFFERENTIATION OF COMPLIANCE & NONCOMPLIANCE OF FED & STATE REGS BY STATES

There is a large amt of differentiation of compliance & noncompliance of fed & state regs by states; i.e. some states are very efficient at enforcing regs while others are nearly criminally negligent

There are five factors that result in states responding differently to similar problems, including the severity or strength of the issue including the wealth of the state, partisanship w/in & among states, the orgl capacity of the state, & the influence of other states, the fed govt & other actors w/in the state in relation to the issue

1. SEVERITY ARGUMENT

States w/ the most severe problems take lead
"The squeaky wheel gets the grease."

States w/ severe problems are typically forced to take action by their citizens

Soc probs, env probs, all the different issues affect states differently as seen in the fact that high oil prices affect the Western states the most because people drive more there & have almost no public trans, while auto pollution affects states w/ big cities the most

2. WEALTH ARGUMENT

There is a direct relationship btwn state's resource base & its commitment to any soc prob such as env protection

Many states simply cannot afford to staff a large state bur to reg a given area

3. PARTISANSHIP ARGUMENT

Democrat state legislature are more likely to advocate activist govt & deal w/ soc probs e.g., protect env

Republicans advocate laissez faire, "non activist" govt

70s - 90s more Dem state leg Now there are slightly more Rep state leg

Issues become the "political property" of a party in that the logical solutions are more appealing to one party than another

Issues cannot become the property of the other party until it devises a viable solution palatable to its constituency

4. ORGL CAPACITY ARGUMENT

Admin & orgl reforms are likely to result in soc pol reforms
Profl leg's are likely to implement reform legislation
But many leg may be considered as less than prof

The phil of limited govt very strong at the state level
This limits orgl capacity

The phil of limited govt limits orgl capacity

Examples of limited govt are seen in that
- the VA leg are not paid a prof salary
- the TX leg meets only every other yr.
- many meet only for very limited time

5. INFLUENCE ARGUMENT

States are susceptible to influence/corruption

Histly, the smaller the govt, the more susceptible it is to corruption

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Outline on State Governments & the Environment

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STATE GOVTS ARE GENERALLY WEAK ON THE ENV & PUBLIC POLICY IN GENERAL

Most states had resource mgt agencies by 1950 (around forests or mines), but there was little interest in envl protection

EXAMPLE OF STATE WEAKNESS ON THE ENV: VA'S "BEST PRACTICES"

Today the VA Dept of Forestry has "Best Practices" guidelines which in general do not carry the weight of a regulation

But VA's Best Practices Guidelines are merely guidelines, meaning that compliance is voluntary in that there are no penalties

There is chronic under inspection of logging sites in VA

In Idaho, the Fed govt reg of the forest by the FS is more envly stringent than the State of Idaho forestry service

The state of ID forestry Dept manages a higher % of its land for timber production than does the FS

THE NEW FEDERALISM & THE ENV

New Fed reduced the size of many env related agencies such as the
- EPA
- USFS
- BLM...

States attempt to fill env gaps of the cutbacks of Fed reg agencies, but have mostly failed to do so

2 patterns emerged to deal w/ the cutbacks of the Fed reg agencies under Reagan's New Federalism including:
a. the creation of small, weak state EPAs
b. new pollution control agencies

In sum, the states have rarely been as effective as the Fed govt in dealing w/ envl issues

There are many exceptions where states have better env reg as seen in CA which has stronger envl laws in almost all areas of the env

Some states & cities have implemented stronger reg laws & implementation in various other areas in addition to the env

However, states are known to have less red tape & be friendlier to business than is the fed govt

DEFEDERALIZING

A recent mvmt in Western state govts has been to try to defederalize or "statize" fed land

Statizing, or defederalizing, denotes that some state govts are attempting to either buy or control fed land w/in their state

Some state govts would like to remove fed land from the control or ownership of the fed govt & transfer it to their state

While one proposal is to "sell" the land to the states at a token price, another proposal is to, on a trial basis, transfer mgt of fed land to the state

The transfer of fed land mgt to a few or several states would allow states to manage the land according to their own, generally more indly friendly, goals & objectives

Statizing proposals have not gone far as of 2005 but remain on the agenda of many Western state governors, state legislators, & fed legislators

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Outline on Federalism

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FEDERALISM DENOTES THE BALANCE OF POWER BTWN THE FED & STATE GOVTS

Federalism is a system of the govt in which sovereignty is constitutionally divided btwn a central governing authority & constituent political units, like states or provinces

Federalism is the system in which the power to govern is shared btwn the national & state govts, creating what is often called a federation

In the US, federalism is the system of govt in which power is divided btwn the national, also called the federal govt, & the govts of each state

In the US, federalism denotes the position of those who favor a stronger fed govt & weaker state govts

States rights, new federalism, Reaganism, anti federalism, etc. denotes the position of those who favor a weaker fed govt & stronger state govts

FEDERALISM IS ESTABLISHED IN THE CONSTITUTION

While federalism is established in the Constitution, because of the intentional latitude of the Constitution the nature & degree of federalism has always been & continues to be hotly debated, & thus has changed significantly over the yrs

The fed govt has certain expressed powers (also called enumerated powers), including the right to levy taxes, declare war, & regulate interstate & foreign commerce

The necessary & proper clause in the Constitution gives the fed govt the implied power to pass any law "necessary & proper" for the execution of its expressed powers

Powers that the Constitution does not delegate to the fed govt or forbid to the state, the reserved power, are reserved to the people or the states

The power delegated to the fed govt was significantly expanded by amendments to the Constitution following the Civil War, & by some later amendments, as well as the overall claim of the Civil War, that the states were legally subject to the final dictates of the fed govt

Parts of the Constitution are interpreted very narrowly, such as the Tenth Amendment, the Supremacy Clause, the Necessary & Proper Clause, & the Commerce Clause

In this narrow interpretation, the fed govt has jurisdiction only if the Constitution clearly grants such

In this case, there is a very large group of powers belonging to the states, & the fed govt is limited to only those powers explicitly listed in the Constitution

However this theory also holds the fed govt is the final judge of its own powers

THE COMMERCE CLAUSE WAS USED TO INCREASE THE ACTIVISM OF THE FED GOVT

Although many people believe that the fed govt has grown beyond the bounds permitted by the expressed powers, from 1938 until 1995, the Sup Ct did not invalidate any fed statute as exceeding Congress' power under the Commerce Clause

Most actions by the fed govt can find some legal support among the expressed powers, such as the Commerce Clause

The Commerce Clause is used by Congress to justify certain fed laws, but its applicability has been narrowed by the Sup Ct in recent years

The Commerce Clause is used to justify many actions of the fed govt in that policy that affects multiple states is interpreted to be a legitimate areas of concern for the fed govt

INCREASED SIZE & INFLUENCE OF THE FED GOVT HAS CONTINUED UNDER REP & DEM PARTIES TO MEET THE DEMANDS OF THE ELECTORATE

The fed govt has increased greatly in size & influence, both in terms of its influence on everyday life & relative to the state govts

There are several reasons for the increase of the size & influence of the fed govt, including:
a. the need to regulate businesses & industries that span state borders
b. attempts to secure civil rights
c. the provision of social service
d. the growth of govt power in general, i.e. the growth of power of city, county, state, & fed govts

A BRIEF HISTORY OF FEDERALISM SHOWS INCREASING FED ACTIVISM DESPITE ANTI-FED PRESIDENTS, ESP REAGAN & GW BUSH

When the Constitution replaced the Articles of Confederation as our foundational doctrine, federalism & a strong role for the fed govt was established because the Articles of Confederation demonstrated that a confederation of nearly independent entities was largely dysfunctional

The anti federalists, who had strong unpleasant memories of a national British rule, demanded & got the Bill of Rights to preserve basic rights in spite of a strong central govt

It took about 50 yrs after the ratification of the Constitution for most of the details of the sharing of power btwn the fed govt & the state govts to be worked out

After the details of power sharing btwn the fed govt & the state govts had been worked out, there was less debate until the Civil War after which the right of the union to maintain itself was finally & conclusively established

From the time of the Civil War until FDR's New Deal, there was only incremental change in power btwn the fed govt & the states w/ one exception

The Civil War - FDR era exception to the status quo balance of power btwn the fed & state govts occurred when T Roosevelt began his trust busting activity, which while it was significant during his admin, did not become standard govt policy until FDR

With the New Deal, the balance of power shifted to the fed govt which clearly established a more active fed govt which regulated the econ, business, & sought to ensure more equity btwn the people & corp interests

FDR established the rights of organized labor, established the principle of intervention in the econ, regulated business, established social security, established a welfare system, & more

After WW 2, the fed govt believed that a permanent military must be established, as contrasted w/ the prior military policies which saw a dismantling of the military & the war industry after each major military build up & war

Thus, after WW 2, the military industrial congressional executive complex (MICEC) was established

Govt intervention in society increased again w/ the rise of policies around Civil Rights, & then the env, & then womens' & others' rights

The policies of the New Deal, MICEC, Civil Rights, the env, womens' rights, etc. predominated until Reaganism began to dismantle this system, beginning in 1980

Reagan's policies brought into doubt much of the role of the fed govt that had been established since the New Deal

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Outline on Defederalization

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FEDERALISM: ESTABLISHED A BALANCE OF POWER BTWN STATE & FED GOVT

Federalism is a system of the govt in which sovereignty is constitutionally divided btwn a central governing authority & constituent political units, like states or provinces

Prior to the New Deal era, the fed govt was more limited in it's authority & activism than today

The New Deal era which, broadly, lasted from the mid 1930 until 1980, witnessed a growth in the power & activism of the fed govt & established many of the social contracts we are accustomed to today

DEFEDERALIZATION SHIFTS POWER TO THE INDIVIDUAL, LOCAL GOVT, STATE GOVT, ETC.

With the election of Reagan in 1980, New Deal policies, & many of the policies which have their roots in this philosophy, began to be questioned & dismantled, & this deconstruction continues today

Defederalization is the process of deregulation through the enhancement of states rights in areas that had formerly been the realm of the fed govt

Defederalization is embodied by a broad group of governmental philosophies, some of which are called states rights, Reaganism, New Federalism, anti federalism, etc.

THE PROCESSES OF DEFEDERALIZATION INCLUDE DEREG, DOWNSIZING, PROGRAM CUTS, MKT SOLUTIONS, ETC.

Broadly, the process of defederalization is accomplished by tax cuts & reducing the size of the fed govt

Under Reagan, the Bush Sr. admin, 2 Bush Jr admins, & even to a certain extent, the Bill Clinton admin, many of the cornerstones of the New Deal & complementary policies which followed began to be dismantled through a variety of policies including deregulation, downsizing, cutting programs, mkt solutions, & more

Deregulation has occurred in many sectors of society including the banking & financial sectors, the corporate & small business sectors of the econ, the env, trade policy, & more

Downsizing of the fed regulatory agencies is significant & continues today

Cutting or proposing to cut programs such as support for education, food stamps, welfare, national parks, etc. is part of the theory of small govt

Mkt solutions are used to replace regulations such as allowing the food industry to supervise it's own production, & allowing the trade of pollution credits, aka cap & trade policies, whereby industries are allowed credits for a base level of pollution which they may trade, etc.

THE EFFECTS OF DEFEDERALIZATION ARE FED GOVT INCOMPETENCE

The effects of defederalization are hotly debated today

Supporters of defederalization believe that defederalization has created a more vibrant & more free econ & society in general

According to the supporters of of defederalization, individuals, local govt, state govt, etc. are better able to manage themselves / society than is the fed govt

Critics of defederalization decry the injustices that are arising which had, to a certain extent, been curtailed by the New Deal & it's complementary policies

Critics of defederalization note that the fed govt has shrunk in the areas of social services & business regulation but has grown in the area of MICEC & intl trade polices

Another effect of defederalization has been to make the fed govt incapable of carrying out it's former roles, such as mgt of the nat forest system, thus making it appear incompetent

The incompetence of the fed govt, which defederalization has established, is often used as a justification for further defederalization

The fed govt was once seen as a preeminent instit w/ many agencies being highly respected

Govt agencies which once were respected, but now are derided include the FBI, the USFS, the TVA, the Dept of Ag, & more

Defederalization has reduced these & many other fed agencies to such an extent that they no longer can carry out their missions

Thus defederalization becomes a self fulfilling prophecy in that its' philosophy is federal incompetence, which is created when fed agencies are cut to such an extent that they no longer can carry out their mission

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