Chapter 3: Federalism
5/17/99

In response to the Columbine tragedy, President Clinton promised to send a team of 'grief counselors' to help students, staff, and teachers deal with the aftermath of the shootings. However, is this an appropriate role for the federal government in dealing with basically a local situation? This appears to be a one remedy covers all proposal to dealing with grief. Will students and teachers talk about sorrow, anger, and other private feelings to an individual who is essentially a stranger with little, if any, direct knowledge about the school or community? The President also offered any other assistance that the federal government could provide, and Vice-President made a personal visit to Littleton, Colorado to help the community in dealing with this tragedy. What role should federal, state, and local government perform in dealing with this sort of tragedy? Which level of government should take the lead in a coordinated effort to help a community deal with the aftermath of the tragedy and ultimately move on?

4/5/99

An issue of increasing concern in this nation is the sale of alcoholic beverages over the Internet. Several microbreweries have Web sites that individuals can visit. Once people have accessed a Web site, all they have to do is claim that they are over the age necessary to buy alcohol in their state and enter a valid credit card number. If the credit purchase is approved, then the beverage will be delivered to the mailing address entered when the purchase was made. Because of what appears to be the apparent ease by which a minor could purchase alcohol over the Internet, the government is considering various proposals to ensure that alcohol purchases are indeed made by adults. Not only is there an issue of whether government should regulate this type of Internet transaction, but also what level of government, state or federal, should have the primary responsibility for developing and enforcing such regulations. The states consider alcohol purchase regulations to be one of their traditional police powers. In addition, the states would like to see any taxes imposed on such purchases to go directly to their treasuries. On the other hand, the federal government given the nationwide scope of the Internet considers such purchases to clearly go across state lines making them part of interstate commerce. Also, the federal government may not want the states to impose any taxes that might impede business ventures on the Internet.

1/14/99

On November 23, 1998, the representatives of 46 states plus several territories and protectorates signed an agreement with the five largest tobacco manufacturers to end a four-year legal battle. From the settlement, states will receive over $206 billion starting in the year 2000. The states, however, need to work with the federal government to try and ensure that the U.S. Department of Health and Human Services (HHS) does not claim more than half of the states' settlement dollars. Under existing Medicaid law, the HHS feels it is authorized and obligated to collect a sizable share of the settlement.

For further information about the tobacco settlement, go to the Summary of the Attorneys General Master Tobacco Settlement Agreement web site.

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