Federalism (Documents)

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States have the power to regulate many forms of conduct. Each state must have broad power to regulate in ways that it believes to be in the best interests of its citizens, subject to the limitations stated in the federal and state constitutions. The nature and magnitude of the problems that require regulatory action vary substantially among the...

In Fiscal Year 1986, nearly two and one half million individuals applied for disability benefits under two federal programs administered by the Social Security Administration: Retirement, Survivors, Disability and Health Insurance (RSDHI), and Supplemental Security Income (SSI). Payments made annually to their seven million beneficiaries totaled...

Public assistance in the United States was originally exclusively a function of local governments. States first became involved by their establishment of institutions to accommodate particular categories of persons, e.g., the blind, the insane, the deaf, the aged. Early in this century many States established programs of cash benefit payments for needy mothers and aged...

Under paragraph 5(a) of Recommendation 2010-1, the Administrative Conference staff has prepared a State Contact List.

Agencies are encouraged to use this list to contact representatives of state interests, including but not limited to the Big Seven, when they are considering potentially preemptive rules.  This list will be regularly updated. 

A subsequent version of Professor Sharkey’s report, entitled Inside Agency Preemption, was published in the Michigan Law Review at 110 Mich. L. Rev. 521 (2012): http://...