Chapter 3
This chapter examines the role that federalism has played in the political development of the American state. First, it defines federalism as it relates to the division of power between unit and sub-unit level actors in contrast to the more commonly seen unitary and less common confederal systems around the world and in history. Then, we looked at the codification of federalism within the constitutional order regarding implied, inherent, and concurrent powers. Finally, we observed the historical development of federalism from its nationalist beginnings with the Marshall court through its state rights’ oriented dual federalism.
After impacts of industrialization, urbanization, as well as the crisis of the 1930s era Great Depression, a new vision of intergovernmental affairs arose: that of cooperative federalism. This top-down approach would reach its height in LBJ’s creative version, employed to implement the Great Society through the usage of grants-in-aid. These grant programs took the form of categorical and block formulations. However, the conservative reaction against this “fiscal federalism,” as critics called it, led to Nixon’s and Reagan’s New Federalisms. These programs were characterized by a movement away from grants-in-aid as a device for national expansion to one of state and local autonomy with general revenue sharing, a renewed emphasis placed on block over categorical granting, and devolution of power back to the states/localities. These patterns have continued into the Clinton and George W. Bush administrations with supporting Supreme Court decisions that have led to a retreat of at least some elements of big government federalism in recent years.
Over the last century the relationship between the state governments and the national government has experienced periods of cooperation, tension, and resistance as political support for states’ rights periodically ebbed and flowed. In this chapter you followed the transition from Grant-in-aid to “Devolution”. For many, No Child Left Behind represented a difficult new phase of federalism characterized by the unprecedented oversight of education and the rise of unfunded mandates. Some saw federal rules and test-based assessment as a force undermining the mission of education. Others have praised NCLB for holding schools accountable for the education of low-income and minority students.
Almost immediately after passage of this new law, states disputed the national government’s power and oversight. In 2012 President Barak Obama used his executive powers to issue some states conditional waivers. Visit The New York Times Topics center on No Child Left Behind to examine key documents and opinions related to state waivers for the No Child Left Behind Act.
Once you’ve familiarized yourself with issues surrounding No Child Left Behind, answer the following questions:
- Was No Child Left Behind consistent with previous phases of federalism or does this law represent a new phase of federalism?
- How do the waivers issued by President Obama impact the relationship between states and the national government?
Federalism: Stanford Encyclopedia of Philosophy
A basic examination of the nuances of the division of power(s) involved in federalism.
Federalism: A Brief Synopsis
This site provides a brief synopsis of federalism as it relates comparatively and in the American contexts as well as its place in terms of constitutional issues.
Advisory Commission on Intergovernmental Relations
The advisory committee on intergovernmental relations is a bi-partisan organization that provides public policy research and analysis on federalism-related issues.
Liberty and American Federal Democracy
Famed researcher Daniel Elazar wrote extensively on the concept and practice of federalism, including in this essay on American federalism.
Institute on Intergovernmental Relations
This is the site for an inter-university research institute, the Institute on Intergovernmental Relations, which examines public policy and administration issues within federalism.
Video Instruction on U.S. Federalism
This University of South Florida site provides access to a learning module that contains instructional material including a video program devoted to federalism that emphasizes the constitutional nature of the concept in terms of its paradoxes and resulting compromises. The site can be navigated by the topical links running along the left edge of the Web page. The site contains an overview, video, suggested readings, and critical thinking activities.
National Launch of Guard Home! Campaign
This is an interesting video detailing a movement’s call for returning state control over the National Guard in “undeclared” wars. Specifically, this video calls for the return and discontinued employment of the national guard in the Iraq War. It is ideological but informative of the shared powers phenomenon that is a persistent dilemma between the various levels of government in a federal system like ours.
Marshall's View of Federalism
This interesting video presents the Marshall Court which developed the concept of judicial review and promoted a national based federalism. The video touches on the psychological predilections of Marshall himself in its presentation of his federalist vision of national-to-state relations.
Claremont Institute for the Study of Statesmanship and Political Philosophy
Official Web page of the Claremont Institute Center for the Study of Statesmanship and Political Philosophy. The institute supports research, scholarship, teachings, public forums, and conferences.
Cornell University Law Resources
This site provides links to each state constitution.
National Conference of State Legislatures
A great website for information on federal-state issues regarding all 50 states. Daily email newsletters available.
Stateline
Information on news and policies regarding the 50 states. Provides insight and analysis of governmental policies and information concerning public officials.
National Center for Interstate Compacts
This site is the main Web page for an institute that is dedicated to the study and promotion of interstate compacts, a key development in federalism.
Interstate Compacts
This is a document sponsored by the National Center for Interstate Compacts that provides a useful overview of the nature, size, and scope of activity that encompasses these organizations as well as their role in policy relationships between the federal and state governments.
Senator Thompson on Federalism
This is a short clip starring former actor, Watergate lawyer, Senator from Tennessee, and Republican presidential candidate, Fred Thompson, discussing federalism.
Chris Matthews on Federalism
This is from MSNBC’s primetime news where liberal broadcaster Chris Matthews is conducting an interview with the more conservative leaning Joe Scarborough over federal issues. Once again this presentation devolves the issue down to a national versus a state-centered approach to federalism.