HIGHWAYS HELD HOSTAGE? FEDERALISM AND THE FUTURE OF AMERICA'S HIGHWAYS

On November 30, 1993, President Clinton signed legislation to create a five-day waiting period and background check for the purchase of handguns. The signing ceremony for the so-called Brady bill capped a fierce, seven-year, legislative battle between gun control advocates and grass-roots gun owner groups such as the National Rifle Association. While the Congressional debate over the Brady Act focused on wisdom, or lack thereof, of federal gun control laws, and their legitimacy under the Second Amendment, the Court challenges to the Brady Act focused on something altogether different: the proper distribution of power between state and local authorities and the federal government. Printz v. United States was not a case about gun control; it was a case about federal power. On these the Supreme Court found the Brady Act unconstitutional and the sweep of federal power over state and local governments is limited. In this and other cases, the Court recognized that the Constitution created a federal government of limited powers and reserved a substantial degree of state autonomy. "Dual sovereignty" which ensures a balance of federal and state power is an essential component of the federalist system. The revival of federalism could have profound implications for environmental protection. Because most federal environmental laws rely on some degree upon the states for their implementation, the conflicts and cooperative ventures that characterize the federal-state relationship in contemporary environmental policy is described. State cooperation, however, is not always willing; federal environmental statutes often include measures to induce state cooperation.

• Supplemental Notes:
  • Full conference proceedings available on CD-ROM.
• Corporate Authors:

  American Highway Users Alliance

  1776 Massachusetts Avenue, NW, Suite 500
  Washington, DC  United States  20036
• Authors:
  • Adler, J H
• Conference:
  • Driving America: A National Conference on Mobility
  • Location: Washington, D.C.
  • Date: 1999-11-30 to 1999-12-1
• Publication Date: 1999

Language

• English

Media Info

• Pagination: 10p

Subject/Index Terms

• TRT Terms: Constitutional law; Cooperation; Environmental impacts; Federal government; Guns; Highway transportation; Highways; Sovereign immunity; State government
• Subject Areas: Environment; Highways; Law; Operations and Traffic Management; Planning and Forecasting; Security and Emergencies; I72: Traffic and Transport Planning;

Filing Info

• Accession Number: 00810390
• Record Type: Publication
• Files: TRIS
• Created Date: May 17 2001 12:00AM