2007 FRQ on Federalism

The framers of the United States Constitution created a federal system.
(a) Define federalism.
(b) Select two of the following and explain how each has been used to increase the power of the federal government relative to the states.
• Categorical grants
• Federal mandates
• Selective incorporation
(c) Select two of the following and explain how each has been used to increase the power of the states relative to the federal government.
• Welfare Reform Act of 1996
• Block grants
• Tenth Amendment

2007 FRQ on Federalism

A1. Federalism is defined as the Constitutional division between national and state government in the United States. Each level of government is protected by its own constitution.

B1. Categorical grants have been used to increase the power of the federal government relative to the states. This is accomplished by the federal government providing grants to states for specific purposes often in exchange for “strings attached.” Often federal categorical grants for highway funds have included provisions such as states adapting a universal standard for their drivers being legally drunk (.08). If states refuse to comply with an order, then the federal funding can be revoked.

B2. Federal mandates have been used to increase the power of the federal government relative to the states. Unfunded mandates are laws that the federal government establishes for the country that are not subsidized. The Americans with Disabilities Act is an unfunded federal mandate for which all states must be in compliance. States must follow the law (by providing accommodations for disabled persons) or risk legal action. The federal government when passing the law did not provide any money for states to make the necessary legal adoptions.

C1. Block grants have been used to increase the power of the state government relative to the federal government. Block grants were a part of the “devolution revolution” that Republicans hoped to accomplish in the early 1980’s. Block grants are chunks of money given to states by the federal government with few or no strings attached. The states are given wide discretion on how they can use the money.

C2. The Tenth Amendment has been used to increase the power of the state government relative to the federal government. This amendment states that all powers not provided in the Constitution for the national government are “reserved” for the states respectively. The Tenth Amendment has been invoked as a States’ Rights constitutional protection. Many innovations created at the state level are protected under the Tenth Amendment. Gambling in Nevada is an example. Nevada created this revenue raising innovation that other states have adopted.