e-mocracy
Web Activity
Federalism is an important aspect of our democracy. To learn more about the
establishment of our federal form of government and about some of today's issues
relating to federalism, we will do the following exercises using the Internet. Below is a
list of links with information that will help you fulfill the tasks found on the following
page.
To learn the founders' views on federalism, you can access the Federalist Papers
online at this link. However, you may skip this scholarly site for now and become
familiar with other web sites (below) that deal with the federal system in action today.
http://thomas.loc.gov/home/histdox/fedpapers.html
The Web site of the council of State Governments is a good source for
information on state responses to federalism issues:
http://www.csg.org
Another good source of information on issues facing state governments and
federal-state relations is the National Governors Association's Web site at
http://www.nga.org
The Brookings Institution's policy analyses and recommendations on a variety of
issues, including federalism, can be accessed at this link. Type “federalism” into the
search box
http://www.brook.edu
For a more libertarian approach to issues relating to federalism, go to the Cato
Institutes' Web page at
http://www.cato.org
For issues and laws affecting states (ex. No Child Left Behind), go to this
excellent website
www.stateline.org
:
Task #1
Even though education, like public safety and public health, is the responsibility of the
states, the national government still finds ways to shape education policy. In January
2002, President George W. Bush signed the bipartisan No Child Left Behind (NCLB) Act
into law. This act sets federal standards for education and then makes federal grants
available to states that agree to achieve these new national standards. Let us take a closer
look at this federal law to determine its impact on federalism.
With a partner, please orally answer the following questions…
1. What do states get from the federal government under this act?
2. What are some of the things states have to do in order to get the federal money?
3. What appears to be the National Education Association’s chief concern
regarding the No Child Left Behind Act?
4. Is the No Child Left Behind Act an unfunded mandate? Explain.
5. What must states do in exchange for receiving a NCLB waiver?
5. What changes would you like to see regarding NCLB?
Go to the New York Times to find out the latest news on No Child Left Behind
http://topics.nytimes.com/top/reference/timestopics/subjects/n/no_child_left_behind_act/i
ndex.html?scp=1-spot&sq=no%20child%20left%20behind&st=cse
Reviewing the law can be challenging. First review the Statement of Purposes (just
review sec. 1001) of the No Child Left Behind Act so that you gain a basic understanding
of the intent of the legislation.
www.ed.gov/policy/elsec/leg/esea02/pg1.html#sec1001
Now review the part of the bill that says what the federal government will do for the
states (just review secs. 6111 and 6112),
www.ed.gov/policy/elsec/leg/esea02/pg87.html#sec6111
Finally, read what the states must do in order to receive federal money (sec. 1111),
www.ed.gov/policy/elsec/leg/esea02/pg2.html#sec1111
The National Education Association is the largest teacher organization in the nation. It
has been a vocal critic of No Child Left Behind.
http://www.nea.org/home/NoChildLeftBehindAct.html
The CATO Web site, has a definition of “unfunded mandate.”
http://object.cato.org/sites/cato.org/files/serials/files/cato-handbookpolicymakers/1995/9/104-7.pdf
In 2012 President Obama granted waivers from NCLB requirements to several
states.
http://www.npr.org/2011/09/23/140743577/obama-rolls-back-parts-of-no-childleft-behind
Does TX have a waiver?
http://www.ed.gov/news/press-releases/states-granted-waivers-no-child-leftbehind-allowed-reapply-renewal-2014-and-2015-school-years
Task #2
On your own, select an issue other than NCLB and find an academic or in-depth news
article that clearly illustrates some aspect of federalism that impacts your life or is of
great interest to you. (Ex. Immigration, marriage, marijuana, healthcare, affirmative
action, environmental issues…) Even though the U.S. is a federal system of governance,
increasingly the national government establishes national standards and then encourages
states to comply with those standards through a system of spending, taxing, and
providing grants—all of which can have a direct effect on you. When searching for issues
and articles, look for headlines like "Federal Courts Review State Law" or "Federal
Funding Increased for State Project".
Please write a personal essay. Type and underline your thesis twice. Underline the
main idea in each paragraph once. Consider answering the questions (found in the box)
in your response. A possible essay structure:
Paragraph 1 – Introduction to the issue + thesis
Paragraph 2 – Constitutional issues of federalism + quotations, historical context
Paragraph 3 – Your position and supporting arguments
Paragraph 4 -- Your opponent’s position and supporting arguments
Paragraph 5 – Refutation and Conclusion
Rubric
Understanding
5
4
3
2
1
To what extent does the author demonstrate a clear understanding of the basic
issues involved?
Constitutional Application
5
4
3
2
1
To what extent does the author appropriately apply knowledge of constitutional
history, principles, and provisions?
Reasoning
5
4
3
2
1
To what extent does the author support positions with sound reasoning?
Supporting Evidence
5
4
3
2
1
To what extent does the author support positions with historical or contemporary
evidence, examples, or illustrations?
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Questions
What are the constitutional issues involved in this situation? Explain.
Where does the power and authority reside in this situation? Explain.
According to the Constitution, which level of government do you think should
have the power and authority in this situation? Cite the Constitution and explain.
Who should decide what matters ought to be governed mainly or solely by
national laws? Explain.
Equality and participation are the two competing values most often at stake in
federalism. It is virtually impossible to have more of one of these values without
having less of the other. How are these values demonstrated in this issue?