August 16, 2005
Federal Preemption of State Authority a Disturbing Trend
Implementations of REAL ID Act to cost at least $9 billion
SEATTLE - Calling on Congress to resist the urge to preempt state authority, the nation's state lawmakers kicked off their 'Strong States, Strong Nation' Annual Meeting today.
"There is an effort within the halls of Congress to centralize public policy decision making within the Washington beltway," said Maryland Delegate John Hurson, president of the National Conference of State Legislatures. "When Congress imposes a one-size-fits-all approach to a policy problem, they fail to recognize the individualism and uniqueness of each state threatening the collective strength of the states."
NCSL's latest Preemption Monitor and Mandate Monitor publications shows a continued trend towards federal preemption of state authority. Federal unfunded mandates and cost-shifts for fiscal years 2004 and 2005 will exceed $50 billion while the number of selected bills on the "Preemption Watch List" has grown to 27.
Lawmakers pointed to two issues, one enacted and one pending, that have them concerned: the REAL ID Act and eminent domain.
Signed into law in May, the REAL ID Act was intended to create federal standards for the issuance of state driver's licenses that would prevent terrorist from abusing U.S. immigration laws.
"REAL ID handcuffs states with unworkable, unproven and costly rules that compel states to enforce federal immigration policy," said New York Senator Michael Balboni, chair of NCSL's Law and Criminal Justice Committee. "Rather, Congress should have sought to work with the states to advance the paramount objective of making state-issued identity documents more secure and verifiable."
NCSL estimates that the collective cost of implementing REAL ID is in the range of $9 - 13.3 billion.
State legislators are also concerned with Congress' reaction to the recent Supreme Court decision regarding eminent domain. In June, the Court ruled in Kelo v. New London that state and local governments were within their right to allow eminent domain to be used for economic development purposes.
"Too much attention has been focused on the specifics of the case which has no bearing on existing law," said Illinois Senator Steve Rauschenberger, NCSL president-elect. "What the Court said in the Kelo decision - in no uncertain terms - is that the issue of eminent domain is a state and local issue. Period."
Several measures have been introduced in Congress that would preempt the states' ability to determine how best to use eminent domain. The legislation would withhold federal transportation funds or community development funds if states did not conform their laws to meet federal standards.
Delegate Hurson, quoting James Madison, said that the founding fathers believed that the powers of the federal government were "few and defined" and the states role was "numerous and indefinite."
"It is time for Washington to tend to their 'few and defined' tasks and leave the 'numerous and indefinite' to the nation's state legislatures," Hurson said.
NCSL is a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
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