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Legal Commentary

: Prawfs

Governors versus Congresspersons as Presidential Aspirants

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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Are we seeing the passing of the Era of Governors-as-Presidents? The era began after Watergate, when distrust of Washington led to the election of a series (4 out of 5) Presidents' having been former governors who ran against the nefarious inside-the-beltway "Washington Establishment."

This pattern was in striking contrast to the years between FDR's death and Ford's loss to Carter, when all five elected Presidents were all federal officials (counting Ike as commander of Allied forces in Europe). Incidentally, the 1945-1976 period was also the period in which the federal code and CFR relentlessly expanded in size. The Great Turnback of grants and regulatory discretion to the states was a product of two former governors -- Reagan and Clinton -- with such notable (or infamous, if you are so inclined) measures as TANF, expansion of section 1115 Medicaid waivers, Lopez/Morrison/Gonzales v Oregon judicial vindication of state power, etc.

But now we have three Senators vying for the White House. Is it the end of an era? Has Bush II finally cured the public of outside-the-Beltway rhetoric? Do voters want a seasoned federal pol after years of incompetence disguised by a folksy twang?

As a certified federalism nut, I face this prospect with misgivings. But perhaps I am overly pessimistic (or, if you are more nationalistically inclined, optimistic). Thoughts?

Full post as published by Prawfs on May 14, 2008 (boomark / email).

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