Opportunistic federalism is failing : a case for change in Ouroborosian policy making.

Abstract

The current federalism paradigm has been on a path to failure since its inception. The various methods of federalism from the past have attempted to effectively fuse both federal and state power based on the most pervasive interpretation of the Tenth Amendment. While some eras have experienced a rise in national power and others experienced rising state power, no era of federalism has seen such pervasive and individualized pursuits of policy control than the current opportunistic era, where both national and state policy power are given equal, and thus divisive and corrosive, implementation. This disruptive form of intergovernmental relations gained steam during George W. Bush's presidency and has continued into the Obama administration. Change is necessary if federalism is to move forward in a positive direction. Effective policy prescription needs cooperation, coordination, efficient flows of information, and stakeholder/public input. Since the opportunistic method does not provide these quality control elements a form of controlled devolution is necessary. This would involve more state-led initiatives, less federal mandates and preemptions, plus a national intergovernmental board to oversee federalism affairs (much like the now defunct U.S. Advisory Commission on Intergovernmental Relations).