Second, agencies also should adhere to a set of four criteria for formulating and implementing policies, including refraining from establishing uniform, national standards and, when such standards are required, consulting with appropriate state level officials and organizations in developing those standards. ![]() ![]() guide the Executive departments and agencies in the formulation and implementation of policies.” It defined “policies that have federalism implications” as those “regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”Įxecutive Order 12612 contained several directives to federal agencies regarding “policies that have federalism implications.” First, it required executive departments, when formulating and implementing such policies, to be guided by nine fundamental federalism principles. Executive Order (EO) 12612 expressed Reagan’s desire “to restore the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution and to ensure that the principles of federalism. Ronald Reagan issued the most prominent executive order addressing federalism on October 26, 1987. As a result, presidents sometimes will use executive orders to implement part of their policy agenda without having to go to Congress to enact legislation-or, in the words of some scholars, to do an end run around Congress. Executive orders, though, do not require congressional action to become effective, but still have the full force of law. However, the phrase “getting the government off the people’s backs” uttered by President Ronald Reagan and the subsequent declaration that “the era of big government is over” by President Bill Clinton lend a nice backdrop to examine how both presidents addressed federalism through the use of executive orders.Īn executive order is supposed to be a clarification of how a law should be implemented, and most executive orders are that. Few presidents have issued executive orders addressing federalism, let alone executive orders of any import. ![]() The issue of federalism has not always been a high priority for presidents.
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