e-mocracy
Web Activity
The sharing of power between the national government and state governments is
called federalism. It 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
Background. 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. We will take a closer look at this federal law to determine the impact upon
states and what this demonstrates about federalism.
On January 12, 2015 “Education Secretary Arne Duncan on Monday called the
landmark No Child Left Behind law ‘tired’ and ‘prescriptive’ but challenged Republicans
who are working on a rewrite to keep intact key elements of the law, including annual
testing of students, public reporting of results and mandatory intervention in failing
schools. To gut those measures, he said, would be to fail students.”
Read more here:
http://www.politico.com/story/2015/01/arne-duncan-gop-no-child-left-behind114174.html
With a partner, please orally discuss responses to the following questions.
Links to further news and analysis are found below this box.
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? Should
Missouri have received one?
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
C-SPAN Web , has a definition of “unfunded mandate.”
http://legacy.c-span.org/guide/congress/glossary/unfunded.htm
In 2012 President Obama granted waivers from NCLB requirements to several
states and Missouri received its waiver on June 29, 2012.
http://www.npr.org/2011/09/23/140743577/obama-rolls-back-parts-of-no-childleft-behind
Task #2
Select an issue other than NCLB and find academic or in-depth news that clearly
illustrate 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. Consider
following the guide below. This is a possible essay structure…
 Paragraph 1: Introduce the constitutional issues involved and write a clear
thesis statement.
 Paragraphs 2-3: According to the Constitution, where does the lawful power
and authority reside in this situation? How well does this match up with the
actual relationship that exists between the federal and state governments?
Which level of government do you think should have the power and authority
in this situation? To what extent does the federal system today reflect
constitutional principles? Cite the Constitution and explain.
 Paragraph 4: What arguments do people who oppose your viewpoint offer
about this federalism issue? Refute them.
 Paragraph 5: What values are at stake here? What does it matter whether the
federal government, or state governments, or both share power?
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?