FEDERAL SUPREMACY OR COOPERATIVE FEDERALISM

THE FEDERAL-AID HIGHWAY PROGRAM IS DISCUSSED WITH REGARD TO ITS CONCEPTUAL BASIS AND THE LITIGATION IN WHICH IT IS NOW INVOLVED. THE THESIS IS THAT THE USE OF THE GRANT-IN-AID DEVICE ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN THE FEDERAL GOVERNMENT AND THE STATES--CONSISTENT WITH THE PRINCIPLES OF FEDERALISM--AND DOES NOT SET UP A REGULATORY OR DIRECT COMMAND SCHEME. THREE CASES ARE INVESTIGATED WHICH TEND TO SWING THE OTHER WAY--TOWARD FEDERAL SUPREMACY. THE IMPLICATIONS AND LEGALITY OF THE PROCEDURES OF THESE CASES ARE DISCUSSED.

  • Corporate Authors:

    American Association of State Highway Officials

    57th Annual Meeting
    ,   USA 
  • Authors:
    • Wells, D E
  • Publication Date: 1971-12

Subject/Index Terms

Filing Info

  • Accession Number: 00238885
  • Record Type: Publication
  • Report/Paper Numbers: 19pp
  • Files: TRIS
  • Created Date: Apr 23 1972 12:00AM