Andrew Teas

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Chapter 3 The Federal System

• Andrew Teas
• Government 2301
• Houston Community College

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No Child Left Behind
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No Child Left Behind

• Increased role of federal government in education
• Requires basic skills testing in grades 3 8.
• Increases federal education spending on poor
  schools
• Issues
• Increased federal role helps kids in poor schools
• Testing identifies different achievement levels
• But can federal government fix schools with
  one-size-fits-all plan?
• Is testing the way to measure academic success?

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Constitutional Basis of Federalism

• Federalism A political system that divides
  power between a central government with authority
  over a whole nation and a series of state
  governments.

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Powers of the National Government

• Delegated (or enumerated) powers are spelled out
  in the Constitution
• Implied powers are not explicitly mentioned, but
  are derived by implication from the delegated
  powers.

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Powers of the National Government

• Legislative
• Various delegated powers outlined in Article I,
  Sec. 8
• Power of the purse to levy taxes (including
  tariffs) and spend money
• Borrow money
• Regulate commerce among the several states
• Coin money
• Declare war
• Establish post offices and post roads
• Necessary and Proper Clause (elastic clause)
• 14th Amendment due process and equal
  protection clauses

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Powers of the National Government

• Executive Branch
• Article II directs President to take care that
  Laws be faithfully executed.
• Commander in Chief of armed forces
• Pardons and reprieves
• Treaties
• Implied powers of President? (Lincoln, FDR, Bush)

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Powers of the National Government

• Judicial Branch
• Article III all cases under the Constitution,
  federal law and treaties
• Original jurisdiction v. appellate jurisdiction
• Supreme Court original jurisdiction cases
  involving ambassadors, cases to which a state is
  a party

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National Supremacy

• This Constitution, and the Laws of the United
  States which shall be made in Pursuance thereof
  and all Treaties made, or which shall be made,
  under the Authority of the United States, shall
  be the supreme Law of the Land and the Judges in
  every State shall be bound thereby, any Thing in
  the Constitution or Laws of any State to the
  Contrary notwithstanding.

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Constitutional Status of States
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Constitutional Status of States

• Article IV Full Faith and Credit clause
• Defense of Marriage Act federal law that states
  may choose whether or not to recognize same-sex
  marriages
• Privileges and Immunities Clause states cant
  discriminate against citizens of other states
• Extradition

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States Rights v. National Supremacy

• Dates back to Articles of Confederation
• Federalists v. Antifederalists
• Advocates of states rights see the Constitution
  as a compact between sovereign states, which
  limits the powers of the national government.
• Critics say consistent national policy and
  control is more fair and more effective
• 10th Amendment - The powers not delegated to the
  United States by the Constitution, nor prohibited
  by it to the States, are reserved to the States
  respectively, or to the people.

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10th Amendment?

• Wicked v. Filburn (1942) Supreme Court ruled that
  federal regulations of wheat production could
  constitutionally be applied to wheat grown for
  "home consumption" on a farm. The rationale was
  that a farmer growing "his own wheat" can have an
  effect on interstate commerce, because if all
  farmers were to exceed their production quotas, a
  significant amount of wheat would either not be
  sold on the market or would be bought from other
  producers.
• Gonzales v. Raich (2005) Supreme Court said the
  Commerce Clause allows Congress may ban the use
  of cannabis even where states approve its use for
  medicinal purposes.

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Federal System and the Supreme Court

• McCulloch v. Maryland
• On February 11, 1818, the General Assembly of
  Maryland passed an act entitled, "an act to
  impose a tax on all banks, or branches thereof,
  in the State of Maryland, not chartered by the
  legislature
• James McCulloch, head of the Baltimore Branch of
  the Second Bank of the United States, refused to
  pay the tax.
• Supreme Court ruled
• Constitution gives Congress implied power to
  implement the Constitution's express powers.
• States may not impede valid constitutional
  exercise of power by Federal government.

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McCulloch v. Maryland

• ". . . Although, among the enumerated powers of
  government, we do not find the word "bank" or
  "incorporation," we find the great powers to lay
  and collect taxes to borrow money to regulate
  commerce to declare and conduct a war and to
  raise and support armies and navies . . . But it
  may with great reason be contended, that a
  government, entrusted with such ample powers . .
  . must also be entrusted with ample means for
  their execution. The power being given, it is the
  interest of the nation to facilitate its
  execution. . . . "
• - Majority opinion, Justice John Marshall

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Federal System and Supreme Court

• New Deal
• Commerce Clause

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Federal Grant Programs

• Federal Grant programs give money to state and
  local governments with strings attached.
• Program Adoption
• Federal projects and programs are created through
  the congressional authorization process.
• Their funding comes through the annual
  appropriations process.
• Types of Federal Programs
• Federal programs come in a variety of forms,
  including categorical and block grant programs.
• Some federal programs, including Medicaid and
  Social Security, are entitlement programs,
  providing benefits to all persons qualified to
  receive them.
• Some funding comes through competitive project
  grant programs, while other money is distributed
  through formula grant programs.

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Federal Grant Programs

• Grant Conditions
• Many grant programs are based on the idea of
  matching funds.
• Congress can also impose federal mandates on
  recipients of federal funds.
• Matching funds (CHIP)
• Federal mandates
• Drinking age for highway funds
• Testing goals for No Child Left Behind

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Types of Federal Grant Programs

• Categorical Grants funding for narrow, specific
  purpose (remove asbestos from school buildings)
• Block Grants funding for broader, more general
  purpose (childcare, job training, CDBG Ike)
• Project Grants state and local governments
  compete for available funds (Dept. of Education)
• Formula Grants awards funding based on a
  formula established by Congress (school age
  problem for Houston)

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Conclusion Federalism and Public Policy

• Agenda Building U.S. has thousands of
  interconnected governments, each developing
  agendas, influencing each other
• Policy Formulation and Adoption Federal policy
  has a tremendous impact on state and local
  policy. Consider the potential fiscal impact of
  federal healthcare policy.
• Policy Implementation and Evaluation No Child
  Left Behind is a strict federal evaluation of
  local school district policy (and state school
  funding policy)

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