Interdependent Law and. Administration
THERE are other arrangements by which the federal government turns to the states for the effectuation of its policies and powers. Viewed in one light, both federal utilization of state personnel and the arrangement by which the federal government divests itself of power and turns administration over to the states are means by which a steadying federal hand is lent to help balance relative state positions. The ultimate goal is to aid states suffering under great economic handicaps to maintain a degree of equality with neighbors who are more blessed by resources or location. Seen from another angle, both types of cooperation are kinds of contingent action in which a federal program is made to depend on the doings of the states. Contrariwise, states may sometimes make their own programs effective through federal machinery. In an important group of instances, the federal government has even gone so far as to give up its own control of particular matters and to turn its interests entirely over to state ministrations.
It is not new for the federal government to enact legislation which depends on state action for its effectiveness. The groping federal regulation of navigable waterways begun by the first Congress in 1789 was based on state law in its provision that all pilots in the waters of the United States must conform with existing or future state laws; 11 and any failure to obey was to be punished by state action.
Federal licenses made to be dependent on state activity are a____________________