Presentation by Dr. Gary Moncrief entitled "The Relationship Between Idaho and the Federal Government" for the "Democratic Models of Political Structures: Old Europe, the Pioneer West and Idaho-Bizkaian Comparisons" symposium September, 2011.

1. The Relationship Between Idaho and the Federal Government Gary Moncrief University Distinguished Professor of Political Science Boise State University For the Cenarrusa Foundation for Basque Culture Frank Church Institute The Government of the Historic Territory of Bizkaia

2. A discussion in three parts Part One: A National Perspective Part Two: A Regional Perspective Part Three: An Idaho Perspective

3. The Evolution of a Federal System

4. Federalism and regional governments US has more regional units (50 states) than any other democratic federal system India 28 states Brazil 26 states Mexico 31 states Nigeria 36 states Germany 16 lander Canada 10 provinces Australia 6 states

5. A federal system is a conflictual system Kentucky and Virginia Resolutions 1798, 1799 Within 10 years of the founding of the new federal system

6. “The Framers at Philadelphia launched not only a nation, but an appropriately endless argument over the proper balance between federal and state authority—an argument whose intensity ebbs and flows and whose content evolves, but which is never really settled.” John D. Donahue, Disunited States (1995), p.17

7. Partisanship and federalism The issue of “States’ Rights” is associated with different political parties at different times and under different circumstances. When the Republican party controls the national government, Democrats often invoke “states’ rights,” especially on social issues. When the Democratic party controls the national government, Republicans often invoke states’ rights, on a broad range of issues.

8. Recent issues and the tension in federalism nationally Patriot Act renewal NCLB Real ID Act Healthcare Defense of Marriage Act Internet sales tax Immigration Marijuana

9. Recent challenges to the current system Madison Amendment The Repeal Amendment Nullification Repeal of the 17th Amendment

10. A Regional Perspective The West in general, and the Intermountain West in particular, has a long history of tense relations with the federal government. For the most part, this stems from issues of the physical environment: public lands, water, environmental policy, endangered species act

11. “The Sagebrush Rebellion” Thirty years ago, almost entirely a western phenomenon, centering on policies administered by federal agencies (US Forest Service and Bureau of Land Management in particular) on public lands.

12. Other issues with a particular resonance in the West Immigration Water Environmental laws/regulations Gun control

13. An Idaho Perspective Like other western states, Idaho sometimes has a tense relationship with federal public land management agencies But there have been other issues: Both the shipment into Idaho at the INEEL and the ultimate disposal of radioactive waste has put Idaho Governors at odds with the Federal Government (1989 Cecil Andrus; Gov. Batt, Kempthorne subsequently)

16. Health care and other issues The Nullification movement In-state manufacture of firearms Wolf management

17. Recent legislative action in Idaho 2007 Real ID Nullification Act 2009 “10th Amendment” Resolution, asserting state sovereignty 2010 Health Care Freedom Act 2010 Firearms Freedom Act

18. Judicial action includes filing suit to block Health Care Act

19. Federal Aid to Idaho Idaho is a “net recipient” (Federal Spending in Idaho was $1.21 per $1.00 paid by Idahoans in federal taxes in 2005, a typical year) 17 states received less than they paid; 8 states received less than 80% of what they paid (CA, IL, NY). New Jersey received only 61% of what they paid. Source: The Tax Foundation

20. The Budget Deficit and Federal Stimulus In a typical year, about one-third of the money passing through the Idaho State Budget are federal funds. In 2010, 40% of the Idaho total budget was federal funding. This included the usual federal grants-in-aid plus a substantial amount of “American Recovery and Reinvestment Act” relief from the federal government.

21. The federal stimulus funds

22. Idaho headlines “Otter to lawmakers: Time to decide whether to take fed $, or let feds design Idaho insurance exchange”-Eye on Boise “Idaho officials have eye on federal grant for preschool ed” --Idaho Statesman “Schools Conserve Energy to Save Cash—in Idaho and other states, federal stimulus money has paid for efficiency audits and upgrades” --Idaho Statesman

23. Summary Many people have genuine concerns about the reach of the federal government today, and the “states’ rights” movement is stronger today than it has been in quite some time. But federalism is a complex relationship involving political/partisan considerations; ideology and political theory; judicial interpretation, administrative rules and regulations, national and state statutes, financial realities, and shifting issues.