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Abstract:
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Coercive regulatory trends have displayed considerable continuity since the late 1960s, including
a shift of federal aid from places to persons, increased policy conditions attached to federal aid,
rising preemptions, federalization of criminal law, encroachments on state tax systems, hollowed
intergovernmental institutions, and reduced cooperation within major intergovernmental programs.
Two other trends--unfunded federal mandates and federal court orders--have become less
significant. A newer trend has been the state-friendly federalism jurisprudence of the U.S. Supreme
Court since 1991, although the Court’s 2002–2003 term did not advance this trend. State activism
in forging new policies and bucking federal policies continues as well, and is likely to intensify in
response to rising partisan polarization. |