Verified Document

Federalism And Intergovernmental Relations Do Essay

However, post-Reconstruction, 'states rights' often became a code word for Jim Crow legislation. Southern states demanded the 'right' for the majority to engage in de facto segregation of schools and to institute limits upon how voting rights were exercised. Many Americans do not know that the Bill of Rights originally was only intended to govern the actions of the federal government, not the states. "The debate over whether the Fourteenth Amendment makes applicable against the states all of the protections of the Bill of Rights is one of the most important and longest-lasting debates involving interpretation of the U.S. Constitution" (Linder 2012). The Supreme Court has found that "provisions of the Bill of Rights: that are "fundamental to the American scheme of justice" (such as the right to trial by jury in a serious criminal case) were made applicable to the states by the Due Process Clause of the Fourteenth Amendment" (Linder 2012). The 20th century would see increasing attention given to individual rights and enhanced control by the federal government over states that tried to legislate those rights away, including access to unsegregated schooling, the right to counsel, and abortion rights.

In general, the balance of power...

This can be seen in the recent debate over education. Education in the United States is locally controlled, for the most part, with districts using property taxes to fund school services. However, the federal government can influence state policies. A good example of this is No Child Left Behind (NCLB) which has changed education in the United States by "requiring tests at multiple grade levels, mandating parent involvement, addressing military access to school campuses, and imposing consequences (like allowing students to transfer out of schools labeled 'in need of improvement') for schools that fail to make Adequate Yearly Progress (AYP)" (the law and its influences on public school districts: An overview, 2012, Center for Public Education). However, this progress is measured by state-given exams, which vary from state to state and there is often widespread variance in how the law is implemented. No matter how far and wide the bureaucracy of Washington may reach, it is unlikely that the U.S. will ever has as centrally a controlled government as the nations of Europe and the other major Western industrialized democracies.
References

The Compromise of 1850 and the Fugitive Slave Act. (1998). Africans in America. PBS.

Retrieved at: http://www.pbs.org/wgbh/aia/part4/index.html

Federalism. (2013). Cornell Law School. Retrieved at:

http://www.law.cornell.edu/wex/federalism

The law and its influences on public school districts: An overview. (2012). Center for Public

Education. Retrieved: http://www.centerforpubliceducation.org/Main-Menu/Public-education/the-law-and-its-influence-on-public-school-districts-an-overview

Linder, Douglas. (2012). The incorporation debate. Exploring Constitutional Conflicts.

Retrieved at: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/incorp.htm

McNamara, Robert. (2013). Definition of nullification crisis. About.com. Retrieved at:

http://history1800s.about.com/od/1800sglossary/g/nullification-crisis-def.htm

Sources used in this document:
References

The Compromise of 1850 and the Fugitive Slave Act. (1998). Africans in America. PBS.

Retrieved at: http://www.pbs.org/wgbh/aia/part4/index.html

Federalism. (2013). Cornell Law School. Retrieved at:

http://www.law.cornell.edu/wex/federalism
Education. Retrieved: http://www.centerforpubliceducation.org/Main-Menu/Public-education/the-law-and-its-influence-on-public-school-districts-an-overview
Retrieved at: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/incorp.htm
http://history1800s.about.com/od/1800sglossary/g/nullification-crisis-def.htm
Cite this Document:
Copy Bibliography Citation

Related Documents

Intergovernmental Relations: Issues in Public
Words: 3046 Length: 11 Document Type: Research Proposal

Once more oriented to the minimal statistics gathering and funding assistance between more or less watertight compartments, intergovernmental relations (IGR) has evolved into dynamic and highly integrated sets of behaviors, not only between agents of government but among a host of non-governmental actors, non-profit and for-profit." (Agranoff, 2008) Agranoff states that intergovernmental relations appear to have started with "the territorial organization of states, often termed in international nomenclature as

Federalism and Intergovernmental Relations Ever
Words: 1496 Length: 5 Document Type: Thesis

For example, we could consider a local agricultural project. The local and state expertise in determining what are the right decisions to be made on this project should be more useful and in a more timely manner than decisions that could be made at a federal level. In the current security and economic environment, the answer is probably somewhere mid-way between all the notions previously presented. From this perspective, a

Federalism and Intergovernmental Relations Federal
Words: 910 Length: 3 Document Type: Essay

They call for greater recognition in the national policies, which negatively affect the goals (Zeemering, 2007). Taking a critical perspective, I find the Federalism and intergovernmental relations to be undemocratic. This system propagated the tendency towards executive dominance in the American system. It further limits the senate and the legislatures. In spite of the increasing number of open conferences, the process has stringent measures to reinforce the government secrecy. As

Federalism and Intergovernmental Relations the
Words: 1133 Length: 4 Document Type: Term Paper

This program requires the states to create their own safety standards and to implement their rail safety oversight and audit programs in measuring compliance to that program. But the diversity of legal authorities, budgets and staff levels of oversight agencies would not allow this to happen smoothly (Caruso). The proposed Public Transportation Safety Program Act of 2009 hoped to authorize the Department of Transportation to establish the minimum safety standards

Intergovernmental Relations Unfunded Federal Mandates:
Words: 1955 Length: 6 Document Type: Thesis

Still, state and local governments must realize that unfunded mandates will still occur, and when that happens, federal resources must be made available to state and local governments in order to help them make responsible financial decisions. Thus, an advisory board should be put into place to assist state and local governments in dealing with unfunded federal mandates as a further bridge in the communication gap between these two

Maze of Intergovernmental Relations
Words: 3547 Length: 12 Document Type: Research Proposal

Participatory Budgeting CMA In the late-capitalist era during the late twentieth century restructuring of Canada's municipalities toward a new model of intergovernmental alliances, known as 'city-regional' governance, the importance of Public Choice as praxis to reconfiguration of the nation's market relations was asserted by urban planning and political theorists interested in the impetus and affects of the what became known as the Consolidation Movement. A decade of exposure to James Lightbody's

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now