State legislatures are making more policy decisions than Congress, meaning the 
next hot spot in the battle over health-care or education funding will happen in 
places such as Little Rock, Arkansas or Springfield, Illinois. 
 
Photo by Benjamin Yount 
Photo by Benjamin Yount 
NOT HERE: State legislatures and governors are doing the heavy lifting. 
“The states are laboratories of democracy,” said Jonathan Williams, head of the 
American Legislative Exchange Council’s Center for State Fiscal Reform. “States 
are innovative, for better or for worse. We think (for) much of the past few 
years the states have been moving in a very free market, pro-growth direction.” 
 
Williams said states are acting either because Congress is gridlocked, or 
because state lawmakers are reacting to federal decisions. 
 
No action 
 
The 113th Congress, which ended its two-year term in early January, passed 352 
pieces of legislation. Congress, for example, took the bold step of delaying 
premium increases for flood insurance and made it a federal crime to fake being 
a war hero.
  
 
 
But in the same two years — 2013 and 2014 — state legislatures approved and the 
governor’s signed 45,564 laws and regulations. 
 
“The brass tacks issues when it comes down to the states … the biggest drivers 
of cost in state budgets are education, health and human services, (and) 
transportation,” Williams said. 
 
The federal government is quick to promise to help states pay for the costs of 
health care, roads and schools. 
 
But, Williams said, that’s the problem. 
 
“We know the dollars are temporary, (but) we know the strings that come with 
those dollars are permanent,” Williams said. “It very hard to have a system of 
state autonomy and federalism … when the federal government comes in with these 
dollars.” 
 
The balance between federal promises and federal requirements is clear when you 
look at how states are dealing with health care and education. 
 
Medicaid 
 
Tarren Bragdon, CEO at the health-care advocacy group the Foundation for 
Government Accountability, said the federal government has been playing a role 
in state based health-care decisions since Medicaid and Medicare were launched 
in the 1960s. 
 
But, Bragdon said, after the Affordable Care Act, the federal mandates on states 
got “super sized.” 
  
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			  “The policy makers believe that spigot from the federal 
			government is open, and will always remain open,” Bragdon said. “And 
			(they believe) Obamacare’s Medicaid expansion won’t bust the budget” 
			 
			The federal government has promised to cover no less than 90 percent 
			of the costs for newly eligible Medicaid patients — mainly young, 
			single men. The federal government pays about 50 percent of the cost 
			for the traditional Medicaid patients — the old, the sick, the 
			disabled and children. 
			 
			But the number of those newly eligible patients is far beyond what 
			states were told to expect. 
			 
			In Illinois, for example, state Medicaid managers said in early 2014 
			that no more than 500,000 newly eligible young men would ever sign 
			up for Obamacare. The latest figures show 570,000 newly eligible 
			patients are enrolled, and the state expects to have 650,000 by June 
			of 2016. 
			 
			The newly eligible Medicaid population has pushed Illinois’ total 
			Medicaid tab to $20 billion this year, nearly twice what the state 
			paid a decade ago. Illinois is on pace to have more young, single, 
			Obamacare expansion men on Medicaid than senior citizens and adults 
			with disabilities. 
			And even though the federal government will pick up 90 percent of 
			the costs, Obamacare’s Medicaid expansion will cost Illinois an 
			additional $1 billion this year. 
			 
			Education 
			 
			“Over the past eight years or so, the federal role (in schools) has 
			shifted quite a bit and has caused a lot of confusion in the 
			states.” Kara Kerwin, president of The Center for Education Reform, 
			told Watchdog.org. “And quite frankly, the federal role has not been 
			supportive or helpful.” 
			 
			Kerwin points to the No Child Left Behind initiative, which, she 
			says, began with the best of intentions. 
			 
			“And then, the typical reaction …was to try and get in and regulate 
			it more. Impose more regulations, impose more red tape.” 
			
			  
			 
			 
			President Obama’s Race to the Top initiative promised a flood of 
			federal money, at a time when schools needed cash, to any state that 
			would adopt a new set of educational standards and tests. 
			 
			That’s when, Kerwin claims, local taxpayers started to see that they 
			no longer had control over their local schools. 
			 
			“The American public realizes that education really is a state and 
			local issue,” Kerwin said. “We need to put the power back in the 
			hands of principals, teachers and parents.” 
			 
			Pendulum swinging 
			 
			ALEC’s Williams said sometimes it takes the federal carrot and stick 
			turning into a carrot shaped stick to change peoples’ minds and 
			behavior. 
			 
			Williams said that is happening as policy battles move to the 
			states. 
			 
			“Policy does move much quicker at the state and local level, 
			Williams said. “And I think you’re seeing a realization of that. As 
			different groups across the country that had spent lots of resources 
			watching Washington D.C., now are finally turning their attention to 
			the states.” 
			
            
            
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