If the federal government's relationship with the state governments could be described as a layer cake in the 19th and early 20th century, then federalism would be classified as a marble cake.
There are two circles with bits and pieces of marble.
The federal government has become more intrusive in what used to be the domain of state governments.
The Great Depression brought with it problems that President Roosevelt needed to solve.
Establishing federal relief and recovery programs such as the Agricultural Adjustment Act (AAA) and the National Recovery Act (NRA) resulted in a much greater involvement on the local level by the federal government.
The federal government was brought into cities through public work programs.
Federal and state governments share public policy.
State governments would administer the programs if the national government provided the money.
Critics of these efforts were present.
The Supreme Court declared the New Deal programs unconstitutional.
Cooperative federalism developed during the New Deal and lasted until the Great Society, resulting in greater growth of the federal government.
Political scientists compare it to a cake.
The Great Society of Lyndon Johnson had a greater reliance on federal programs.
The War on Poverty and increased civil rights legislation made the states rely more on federal programs.
Further cooperation was created among the many levels of government.
The dual administration of programs such as Medicaid has a shared approach financially as well as administratively.
The marble cake approach of intergovernmental relations was increased during the Great Society.
The hallmark of Ronald Reagan's administration was this theme.
The aim of competitive federalism was to offer states pieces of the marble cake but to have them accept it with conditions and with a promise to develop programs on their own.
The Equal Opportunity Act mandated compliance by the states under threat of criminal or civil penalties.
If a state did not meet the criteria of a specific program, the federal government placed restrictions on other programs.
Over 60 federal programs have this requirement.
There is a third example.
If a state is going to get federal money, it needs to do something.
If states wanted to receive funding for highway repair, they had to agree to limit highway speed limits to 55 mph.
States were forced to create their own standards of compliance under the new federalism.
The Clean Air Act of 1970 set national standards for air quality but directed the states to enforce them.
Since the New Deal, federalism has been fiscal in nature, with how much funding is appropriated by the federal government to the states under what conditions, and what the states can do with these funds.
Fiscal federalism, through different grant programs, slices up the marble cake into many different pieces, making it even more difficult to differentiate the functions of the levels of government.
Fiscal federalism has three major program areas: categorical grants, block grants, and revenue sharing.
They help the states in areas of health, income security, education, employment, and transportation.
A categorical grant is defined as federal aid that meets the criteria of a specific category and has specific criteria attached to it.
Minimum wages can be one of the criteria.
The two types of grants that are given are project grants, which are based on competitive applications by states and individuals, and formula grants, which are based on specific formulas.
Families with dependent children and nutrition programs are affected by these grants.
A block grant is a form of federal aid.
The states decide where and how to spend the money when they go to local communities.
Fiscal federalism, which gives money directly to the states with no strings attached, was greatly reduced under Ronald Reagan and George W. Bush.
Welfare reform was an example of the block grant concept.
After vetoing the Republican-sponsored welfare reform proposal, President Clinton signed into law a far-reaching welfare reform bill in 1996.
Welfare was transferred to the states.
The entitlement was eliminated by the federal government.
The states created their own programs to move people from welfare to work.
You should have a broad understanding of the grant and mandate programs in order to answer the questions about the use of federal grants.
The goal is to give the states and localities money they wouldn't normally get.
The fiscal burden on the states would be reduced.
The federal government is able to achieve national goals in certain areas.
These kinds of grants can be used by the federal government to direct money to states with a poorer population.
The money could be used by a target audience with the help of experts.
The result would be the development of many programs by state and local agencies.
devolution is the return of power to the states.
Deficit reduction was a primary goal of President Clinton after he was elected.
Fiscal federalism and grant programs would be affected by the federal budget being cut after his budget proposal was approved by Congress.
The trend seemed to support grants based on federal requirements.
The move toward national educational standards was supported by a number of federal grants.
The changing nature of federalism has been reflected by the Rhenquist Court.
The ability of the federal government to pass along programs to the states has been affirmed, yet it has also made it clear that states can and should act on their own.
The Federal Gun Control Act prohibiting the possession of a gun within 1,000 feet of a school was found to be unconstitutional by the Court in 1995 in United States v Lopez.
The power of the federal government to enforce provisions of the Americans with Disabilities Act has been limited by the Court.
The future of federalism is not clear.
The Republicans maintained their majority in both houses in the 1996 election.
Welfare reform, a balanced budget amendment to the Constitution, and regulatory reform were introduced with the intent of returning power to the states.
Congress passed an Unfunded Mandates Law that made it difficult for Congress and the executive branch to pass legislation that had a price tag for the states.
The Motor Voter Act of 1993 was challenged as an unfunded mandate by states.
The Justice Department brought the state to court because California refused to appropriate funds.
The courts ruled that California must follow the law.
The parts of the contract that were not signed by the president were passed by one or both of the houses.
With the election of George W. Bush in 2000, federalism was once again undergoing a major transformation that will last well into the twenty-first century.
George W. Bush had a mixed record.
The federal government grew even though he was against devolution.
The federal budget increased every year after the Medicare Prescription Drug Act was passed, resulting in record deficits and one of the worst recessions in the nation's history.
Many of Barack Obama's proposals to end the recession came into conflict with devolution.
Massive government spending and increased regulation of the banking and housing industries were favored by Obama.
The new Republican House majority and the supporters of the Tea Party urged President Obama to reduce federal government spending and the role that the federal government plays in imposing regulations on the states.
Increased devolution would be a consequence of these policies.
There are many explanations and examples of federalism.
The student is asked to realize that federalism deals with a division of power.
Choice B's use of the phrase "separation of powers" is misleading and choice C's use of the phrase "division of power" is incorrect.
One of the answers provides the solution to the question because choices B and D are not the same.
The answer provides a weak argument for a strong federal system because the advocate of a strong federal system wouldn't want to concede that local leaders are more capable than national leaders.
The issue of the roles states play is raised in the Federalist Papers, but local governments will still have the power to make their own decisions.
The "necessary and proper" clause is given the authority by the implied power.
The constitutional basis of dual federalism is provided by the Tenth Amendment.
You should be able to make health and welfare a reserve power of the states using the elimination process.
You should know that choices A, C, D, and E are reserve powers of the state.
The interstate commerce clause gives you a clue as to what power it has.
If you want to eliminate obviously wrong answers, you should use a strategy.
You can eliminate marble cake federalism easily because they are synonymous with cooperative federalism.
Fiscal federalism and creative federalism took place during the Johnson and Nixon presidencies.
The relationship was an earlier form of federalism.
Choices A, B, C, and E show the responsibilities of the federal and state governments.
Fiscal federalism is related to competitive grants even though there are fiscal components in the other choices.
The states are responsible for paying for the service provided by the government.
Both presidents wanted to downsize the federal government.
They believed it was necessary to increase the defense budget.
If you believe that a decrease in the defense budget was a characteristic of the new federalism approach, it will be hard to answer this question.
A number of federal programs would be turned over to the states.
Reagan believed that the centralization of power in Washington had made government too expensive and removed it from popular control.
He proposed transferring responsibility for more than 40 health, education, welfare, and transportation programs to the states by 1988.
The federal government would take responsibility for the Medicaid program and give it to the states until 1991.
Reagan's plan was criticized because it meant that state control would mean reduced benefits for the poor, and the state governments themselves seemed reluctant to take on the burdens it entailed.
The lower levels of government were told by Congress to pay for the new programs.
There were 27 major statutes passed by Congress in the 1980s.
Federal bureaucrats issued thousands of pages of directives to accompany each piece of regulatory legislation, such as the Clean Water Act.
Regulations imposed on the local governments between 1983 and 1990 cost up to $12.7 billion according to the Congressional Budget Office.
State and local governments waste money when they are forced to use money to work on projects that are not pressing issues.
In 1991, the city of Chicago spent at least $160 million on unfunded mandates, according to the mayor.
Reagan's new federalism is related to the passage of the Unfunded Mandates Law.
Welfare reform was set in motion by the Republicans' Contract with America.
The guiding principle of poverty and food programs was eliminated by the proposed Welfare Bill.
The food stamp provisions, which would replace food stamps and child nutrition programs with a lump-sum payment to each state, were vetoed by President Clinton because he believed they were too extreme.
The Welfare Bill, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, was signed into law by President Clinton during the closing days of the 104th Congress.
The law required welfare recipients to find work after two years if they were to make a transition to work.
The Aid to Dependent Children funds would be replaced by block grants, which would help support families during the transition into jobs.
The term limit for welfare payments was five years.
Uniform child support laws, a live at home and stay in school requirement for unmarried minor parents, and educational and training activities are included in the provisions.
Poor children, the disabled, pregnant women, the elderly, and people on welfare were guaranteed healthcare by the law.
The law was about moving people into jobs.
Welfare benefits were denied to legal immigrants.
The new Congress was promised that it would amend the law to make it easier to meet this requirement.
The definition of new federalism is earned one point.
Federally administered programs are being turned over to the states.
The term devolution would be acceptable in defining what new federalism's goal is.
A description of how new federalism changed the relationship between the states and the federal government earns one point.
He proposed transferring health, education, welfare, and transportation programs to the states using Reagan's actions as an example.
Actions of other presidents turning over federal programs to the states are acceptable.
The goals of new federalism have been accomplished by two policies by Congress.
The scope of monetary provisions that Congress could impose on the states was limited by the Unfunded Mandates Act of 1994.
The Welfare Reform Act of 1996 gave the states the responsibility of making welfare a transition to work.
The Americans with Disabilities Act is also acceptable.