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Chapter 3: Federalism

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Flash Cards

Practice Quiz

Critical Thinking and Learning Exercises

  1. 1. Research the web regarding reports and articles related to the U.S. Patriot Act (e.g., the following Congressional Research Service report: http://epic.org/privacy/terrorism/usapatriot/RL31289.pdf). Based on your research, does this act call for any reduction in the powers possessed by the states and/or how does it increase the federal government's power? If the answer is yes to either, provide a discussion to support your response.
  2. 2. Examine the map located on the following website: http://www.ncsl.org/legislatures-elections/elections/voter-id.aspx. The Voting Rights Act of 1965, section 5, required that states held to pre-clearance standards based on a formula in Section 4 of the Voting Rights Act must submit any changes to their voting laws to the Department of Justice for pre-approval. Research the recent Supreme Court decision in Shelby County v. Holder and discuss how federal and states powers were altered.

Links to further Resources

Federalism: The American Partnership

http://theamericanpartnership.com/federalism-links/

The American Partnership site provides a list of links and resources, compiled by J. Wesley Leckrone of Widener University, for better understanding American federalism.

Conceptions of Federalism

http://www.usconstitution.net/consttop_fedr.html

There are many different conceptions of federalism, and each of them provides a particular perspective on the proper balance between national and state powers. This website explains the differences between these conceptions, as well as the different types of powers that exist under federalism. There are a variety of informative links provided here that can help you explore these diverging viewpoints on federalism.

John Marshall’s View of Federalism

http://www.teachersdomain.org/resource/bf09.socst.us.const.marshvw/

This video provides an examination of our first chief justice John Marshall’s views regarding the importance of federal authority. How did Marshall’s experience as a soldier in the Revolutionary War likely shape his perspective? How did Marshall’s perspective manifest itself in the case of Marbury v. Madison, which reflected a nation-centered view of federalism?

The National Conference of State Legislatures

http://www.ncsl.org/

The official website of the NCSL, a bipartisan organization providing information and resources to state policymakers, offers a state-centered perspective on federalism.

How It Happens: State/Federal Relations

https://www.youtube.com/watch?v=nL_Fl-pJqDA

Minnesota Public Television cartoonist David Gillette explains the division of power between state and federal governments and how states serve as the “laboratories” or “workshops” of democracy.

Federal Funding Arrangements and the Drinking Age

A National Youth Rights Association Analysis of the Drinking Age Policy:

http://www.youthrights.org/research/library/legislative-analysis-of-the-national-minimum-drinking-age-act/

Federal funding arrangements like grants-in-aid, general revenue sharing, and categorical grants do more than just provide states with the resources to implement federally mandated policies—they also provide the federal government with important leverage that can be used to influence state laws. The national minimum drinking age of 21 is one such example. In order for states to be eligible for federal highway funds, states must enforce a minimum drinking age of 21 years. The NYRA believes that this is a bad policy that is the result of national elected officials exerting undue pressure on the states for political reasons. What would the framers of the Constitution have thought about the division of national and state authority on this issue?

Reason TV Critique of the Drinking Age: Is It Time to Lower the Drinking Age?

https://www.youtube.com/watch?v=-qQzYUZ_MNU

This short television piece exploring the pros and cons of the current drinking age policy highlights the interaction of interest groups and government officials at both the federal and state level. Specifically, it focuses on state-level government employees (university presidents) challenging a national lobbying organization (Mothers Against Drunk Drivers) to seek a change in federal policy.

Federalism, Gay Marriage, and Legalization of Marijuana

http://www.washingtonpost.com/opinions/marijuana-and-same-sex-marriage-a-common-path-to-legalization/2013/04/04/41a055d6-9ca3-11e2-9a79-eb5280c81c63_story.html

Political analyst Jonathan Rauch explores the similarities between the policy debates over gay marriage and legalization of marijuana, and how state and federal authorities struggle to reconcile major differences between state and federal policy. Consider how these policy debates highlight the differences between different conceptions of federalism like nation-centered, state-centered, and dual federalism.

Education Policy and Federalism

No Child Left Behind: A Federal Effort to Equalize Achievement among the States

http://www2.ed.gov/nclb/overview/intro/execsumm.html

President Bush’s major educational initiative increased the role of the federal government in the traditionally state-led area of educational policy. Many states and interest groups were not enthusiastic about the increased role of the federal government in mandating educational policies for the states. In particular, conservative groups like the Heritage Foundation and the Hoover Institute were critical of these efforts, as seen in the links below.

Federalism in Education Policy Made Simple

https://www.youtube.com/watch?v=Ebf1HLiZeyY

The Heritage Foundation, a conservative think tank, produced this short animated piece to critique the increased role of the federal government in education policy. Do you find the comparison between the homeowner’s association and the federal government to be a valid one? Is education policy comparable to lawn maintenance? Why or why not? In the cartoon example here, do you believe it is possible for a homeowner’s organization to ever play a constructive role in the neighborhood, or is this type of organization always a negative force?

A New New Federalism: Revisiting the Federal Role in Education Policy

http://educationnext.org/a-new-new-federalism/

This editorial piece by two scholars at the conservative-leaning Hoover Institute suggests that there may be a “middle-ground” between federally mandated programs for education and a completely decentralized, state-led approach to education policy. Do you find their recommendations to be an effective compromise between state-centered and nation-centered federalism?

The Case for Common Core Standards: A State-Led Effort to Create National Standards

http://www.corestandards.org/

In this final example of organizations seeking a proper balance between state and federal authority in education, the “core standards” movement seeks to let states themselves develop a consensus on national standards for education. Rather than have the federal government mandate standards (and pressure states to adopt them by linking education funding to the adoption of federal standards), this approach makes state adoption voluntary. What are the advantages and disadvantages of this approach? Is this a more promising compromise between state-centered and nation-centered federalism?