In a December 3 Washington Times online
article headlined "Obama hijacks GOP language on key issues," reporter Stephen Dinan asserted
that President-elect Barack Obama was "borrowing a line from the Republican-revolution playbook"
when he told the National Governors Association in Philadelphia that, in Dinan's words, states
should be "laboratories for solutions to the nation's big problems." However, later in the
article, Dinan rebutted his own assertion, as well as the Times' headline, by noting
that Obama "trac[ed] the concept back to Supreme Court Justice Louis Brandeis, who in a dissent
in a 1932 court case said states could 'serve as a laboratory; and try novel social and economic
experiments without risk to the rest of the country.' " Brandeis was
appointed to the Supreme Court by Democratic President Woodrow Wilson in 1916.
In December 2
remarks to the National Governors Association, Obama stated:
It was Justice Brandeis who said, during a period of far greater turmoil in our markets, that one
of the blessings of our democracy was that - and I quote - "a single courageous state may, if its
citizens choose, serve as a laboratory," experimenting with innovative solutions to its economic
problems. That is the spirit of courage and ingenuity that so many of you embody. And that is the
spirit I want to reclaim in this country - one where our states are testing new ideas, where
Washington is investing in what works, and where you and I are working in partnership to move
this country forward.
In a
dissenting opinion in the 1932 Supreme Court case New State Ice Co. v. Liebmann,
Brandeis stated: "Denial of the right to experiment may be fraught with serious consequences to
the nation. It is one of the happy incidents of the federal system that a single courageous state
may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments
without risk to the rest of the country."
From the December 3 Washington Times online article:
Borrowing a line from the Republican-revolution playbook of the 1990s, President-elect Barack
Obama on Tuesday told the nation's governors that he wants them to reassert states as the
laboratories for solutions to the nation's big problems.
"That's the spirit that I want to reclaim for the country as a whole," Mr. Obama told the
National Governors Association, gathered in Philadelphia. "One where states are testing ideas,
where Washington is investing in what works, and where you and I are working together in
partnership on behalf of the great citizens of this nation."
Showing fealty to the Founding Fathers' concept of federalism and states' roles in a divided
government is the latest statement of humility and outreach from Mr. Obama during his transition.
It's one olive branch Republicans said they hope to grab as Mr. Obama seeks to make good on his
campaign pledge of change.
"Time will tell. I'm certainly hopeful he will indeed push for states to be the laboratories for
change, because they can be," said Gov. Mark Sanford, South Carolina Republican. "If one really
believes in change, states are going to be front and center."
State experimentation was the rage in the 1990s, when a high-profile set of Republican governors
led a movement to reform welfare and education. Meanwhile, the governors' allies in Congress
sparred with President Clinton over enshrining the welfare reforms in federal law, finally
reaching an agreement he could sign in 1996.
Now, with a looming budget crisis facing the federal government, both governors and federalism
observers said Mr. Obama should turn to the states to lead the way on some of the items on the
president-elect's own to-do list of reforms, including Medicaid and expanded access to health
care.
"That's how we ought to do health care reform," said David Osborne, a former senior adviser to
then-Vice President Al Gore who studied federalism and is now with Public Strategies Group, a
consulting firm that advises governments on how to improve their performance. "The federal
government should create funding and incentives for the states to try their own models to expand
access to health insurance and control costs and improve quality."
Mr. Osborne said he doesn't expect Congress to allow states that role -- "it's not the way
senators and congressmen think" -- but praised Mr. Obama for raising those sorts of prospects.
"I find it reassuring," he said. "Obama seems by instinct to understand that not everything
important in this country happens in Washington. Anybody who's been a community organizer kind of
gets that most government is at the state and local level."
In encouraging the states to experiment, Mr. Obama didn't refer to Republicans, instead tracing
the concept back to Supreme Court Justice Louis Brandeis, who in a dissent in a 1932 court case
said states could "serve as a laboratory; and try novel social and economic experiments without
risk to the rest of the country."
Recommandations
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and reject those that you are not interested in
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