Abstract

States played a prominent role in policy-making in 2007-2008 in several respects. States were more successful in securing relief from federal directives regarding the National Guard, homeland security, education, and welfare than in any prior year in the Bush presidency; they were unable to fend off several new mandates, however, particularly concerning the State Children's Health Insurance Program. States also continued to be the primary innovators in areas such as immigration, environmental protection, and health care, although they encountered new constraints in the form of federal court challenges and agency rulings. The Supreme Court made no notable contributions to the post-1992 decisions that initially curbed and recently deferred to federal power; however, several rulings interpreting federal statutes and reviewing state acts had important federalism implications.

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