Saturday, May 16, 2020

GIVEN THE CONFUSION IN THE COUNTRY, WHO'S IN CHARGE?

By David Swindell
Associate Professor of Public Affairs, Arizona State University

In a nation with more than 90,000 governments, responses to the coronavirus pandemic have highlighted the challenges posed by the United States’ system of federalism, where significant power rests with states and local governments. 

Wisconsin’s Supreme Court jut overturned their governor’s order for residents to stay at home – and then several cities and counties imposed their own restrictions, very similar to the governor’s rules.

So who’s running the show?

I am a scholar of how different levels of government interact and work together to deliver public services, and my answer is: It depends.

At the national level, President Donald Trump has both told the 50 states to vend for themselves, and also  laime to have the authority to force states to “reopen.”

In the absence of nationwide coordination and leadership, governors have made their own decisions about how to contain the spread of the virus. Their decisions apply only to their own states, making the country a patchwork of varying efforts.

And as state governments start to lift their lockdown restrictions to varying degrees, the patchwork gets even more complicated. Then factor in the powers and responsibilities of more than 3,000 counties, nearly 20,000 municipalities and almost 13,000 public school districts around the country, and it becomes clear that the answer to “Who’s in charge?” is not so simple.

Who actually has the power to make binding decisions mostly depends on two factors. First, there’s what’s being decided: Is it about public health, police, hospitals, schools, barbershops or other businesses? Second: It depends on the state.

Local control

Historically, the U.S. has divided responsibilities for different services and functions across levels of government, so they could be tailored to regional preferences where possible.

For instance, jails are run locally or by counties; businesses get municipal and state licenses. Similarly, animal control laws, zoning and pothole repairs are typically handled by local governments, not at state or federal levels. States typically regulate businesses and industries, oversee welfare programs and manage major highways.

The national government handles things where widespread coordination and standards are important, like national defense, Social Security, space exploration and trade between states.

Before the Great Depression, state and national government duties were more clearly differentiated. But since the 1930s, this system has evolved, and the distinctions between which levels do what have blurred and blended.

For instance, states are in charge of public K-12 schools and public universities, but the federal government ensures school districts comply with rules about equal access for all students, and provides grants to support needy children nd university research.

Likewise, state governments build and maintain the interstate highways, but the federal government  pays many of the costs.

Today, this mixing of responsibilities has made difficult a nationally coordinated response to a pandemic whose effects are mostly local. State and local officials have tried to respond as best as possible, but they do not have the information or buying power of the federal government.

The federal government may claim to be able to shut down the economy, but the truth is that states are the ones responsible for regulating the businesses that operate within their boundaries. So the federal government can't order states to close down or reopen their businesses.

On the other hand, the president or Congress can decide to give more money to states that go along with federal requests, and potentially cut funing to states that don’t.

States depend on federal money for a wide range of programs related to  criminal justice, education and highways, so this type of influence can be very effective.

To read rest of analysis, click on link: 

7 comments:

Anonymous said...

Constitution says any power not delegated to the states shall remain federal authority

Or something like that
Puro GED aqui

Anonymous said...

You gonna have to serve somebody - regardless

Anonymous said...

El jeje aquĆ­ es pinche rey Trevino!!! Como chinga la madre con su pinche voz de joto!

Anonymous said...

Pole dancers and hand sanitizer: The governor a republican in Texas has just inacted a law that will exempt pole dancers from wearing masks and the use of hand sanitizers. WHAT? Hand sanitizer but why???

Anonymous said...

10:27 AM...Well bato, you got that turned around and screwed up. True Mexican shit going on here.

Anonymous said...

Onta el cheque Pat?

Former RGV LEO said...

Want to know the truth, watch a video by Dr. Jeff Burke on YouTube!

rita