Explaining the Supreme Court's Federalism Decision-Making

Changes in federalism that adjust the very foundation of our intergovernmental system certainly merit a closer look. The fact that these changes do not necessarily come in the form of legislation makes them all the more important. The federal judiciary’s power to change the balance of federalism by constitutional means is a formidable one; it can effect change from the very document upon which our government is founded. The decisions that I plan to study have implications for future policy at both federal and state levels, most notably shaping the areas that should be governed by each. In this thesis I investigate whether, over the last thirty years, there has been a growing trend toward the shifting of policy authority to the states under a policy instrument known as devolution. Devolution can be generally defined as a “return [of] a certain level of discretion in program planning, design, and implementation to state and local governments; while also reducing certain federally imposed rules, regulations, and unfunded mandates for those governments.” (Cole, Hissong, and Arvidson 1999, 99) The significance of judicial precedent in deciding future cases may very well mean that a trend towards devolution is likely to continue. My hope is that the research in this study may lead to further examination not only of changes in the balance of power between state and federal bodies but also of their roots in the United States Supreme Court.Bachelor of Art