Cooperative/fisca l Federalism & Federal Acts

1. Cooperative/fiscal Federalism & Federal Acts Unit 3 Federalism http://www.youtube.com/watch?v=v0-l7F44MQ4

2. WHAT TO KNOW ABOUT EACH! • General idea of what mandate about (purpose) • How an example of Unfunded mandate! • What are the penalties for not following terms of mandate? • Being able to use them as examples for FRQ dealing with mandates • Being able to answer multiple choice questions if used as examples of mandates!

3. Clean Air & Water Act1970-72 • Purpose: to deal w/an environmental crisis • The Clean Air Act (1970) Goal: to monitor/control air pollutants by 1975 through regulation & setting of standards • The Clean Water Act (1972):to monitor/control water pollutants above certain measurements • Early days  State, since 1963  both! • Administer law: It encourages regional air pollution prevention & control programs; provides technical & financial assistance to state and local governments air pollution prevention

4. Clean Air & Water Act1970-72 cont.… • Categorical grants: Formula from EPA! • Description: levels of pollution & control measured/enforced by EPA; must administer program in exchange for funding (funding can be withheld) • State: • 10th amendment makes it a state policy • Too much cost/regulations bad for work • National: • Promoting general welfare, less sick/dead • moral imperative for our future

5. Clean Air & Water Act1970-72 cont.… • http://www.youtube.com/watch?v=ydMGgBEdaHU • http://www.youtube.com/watch?v=PrQdBx-lgNw

6. Americans with Disabilities Act (ADA) 1990 • Purpose: civil rights law that prohibits discrimination based on disability (most cases). Adds disability to the Civil Rights Act of 1964,which made discrimination based on race, religion, sex, national origin, and other characteristics illegal • Falls under: Cooperative Federalism • Traditionally: fell under state & local govt. • Guidelines: laws dealing with discrimination in employment, public entities & transportation, public accommodations & commercial areas, telecommunications

7. Americans with Disabilities Act (ADA) 1990 cont…. • Administered: by an unfunded mandate and put upon states/local governments, private businesses to carry out • Penalties: National can threaten state govt. grants if the refuse to comply, can shut down business; there are exemptions for religious buildings, and older structures! • State: • -too costly for employers and building owners • -law suits, makes employers fear and not hire National: - allows the disabled equal protection under law - it empowers the disabled to work and live life

8. ADA cont… • http://www.youtube.com/watch?v=eq0pBEJoCvY • http://www.youtube.com/watch?v=_ods6uOh198

9. Brady Handgun Violence Prevention Act (Brady Bill) 1992 • Purpose: curb gun violence (handgun), response to attempted assassination of President Reagan (1981), John Hinckley Jr. shot James Brady and paralyzed him for life! • Brady Bill: 1. federal background check 2. five day waiting period (kind of moot today) for purchase of fire arm • Falls under : Mandate! Federal ordering it done by state & local • Traditionally: States & local govt. regulating (10th Amend) • Guidelines: identifies who must take background check such as federally licensed dealer, manufacturer or importer, also prohibits felons, illegal aliens, dishonorable discharge, fugitive etc. from interstate commerce trade for fire arm, forced local and state authorities to run a report against data base to see if sale should be denied!

10. Brady Handgun Violence Prevention Act (Brady Bill) 1992 • Administered: unfunded mandate, state & local govt. carry out checks & make sure felons & mentally insane cannot purchase fire arms • Penalties: none, in 1998 Sup. Ct. ruled the waiting period as unconstitutional & due to 10th amend. was not mandatory for states, but many opted to stay in! • State: -Delaying purchase costs lives of citizens -Most gun purchases for crime bought illegally • National: • - Kept 250,000 dangerous people from buying guns - Waiting period good, serves as cooling off period “crimes of passion”

11. Brady Handgun Violence Prevention Act (Brady Bill) 1992 • http://www.youtube.com/watch?v=bJlvoX0XulY • http://www.youtube.com/watch?v=E0TsPOYtY1U

12. National minimum drinking age act (NMDAA) 1984 • Purpose: to raise all 50 states drinking age to 21 to cut down on accidents and drunk driving • Under the NMDAA: states asked to set drinking age @21, States can say "no“, but lose 10% of its federal funding for highway public transportation. The NMDAA was "unfunded“, no $$ for states to help enforce the new law • Falls Under: unfunded mandate cooperative federalism • Traditionally: state & local governments’ area under dual federalism • Guidelines: raise the age limit or lose 10% of highway fed. $$ • Administered:duty of state & local governments to make changes and enforce the new age requirement requested by the Federal Government

13. National minimum drinking age act (NMDAA) 1984 • Penalties: National can also penalize the state in other areas where it is receiving funding from the federal government (Cross-cutting requirements/cross-over sanctions) • State: -intrusion into states rights (10th Amend) -allows law enforcement to go after real crime • National: - Promote general welfare by having less deadly accidents - Proven alcohol can have (-) effect on brains of 18-20 year olds, also bad decision making skills

14. NMDAA cont… • http://www.youtube.com/watch?v=4wAn2bfSHfs • http://www.youtube.com/watch?v=F59BbvRT6K0 • http://www.youtube.com/watch?v=-RjhVSCa1dA

15. No Child Left Behind (NCLB, 2001) • Purpose: Congressional act supporting standards-based education reform based on the premise that setting highstandards and establishing measurable goals can improve individual outcomes in education. • NCLB:requires all under performing schools to catch up or lose funding from the Federal govt., schools must show Adequate Yearly Progress (AYP) to keep funding in place![ • Falls Under: Cooperative/Fiscal Federalism Categorical grant received annually through department of Education (Categorical grant, formula & project grants, some block grants in the area of technology) • Traditionally: state reserved powers (10thAmend.)

16. NCLB (2001) cont. • Guidelines: states develop own tests in basic skills. To get fed. $$, States must give test to all students at select grade levels. Expands the federal role in public education through annual testing, annual academic progress, report cards, teacher qualifications, and funding changes • Administered: money funded through national (DOE), but states set up and carry out objectives with compliance to set of national rules, and reporting to national on progress • Penalties: funding can be withheld, can go as far as whole structural change to school/school system if adequate progress not seen in a span of six years! • State: - Education is a reserved power for states (10th Amend) - leads to too much testing & no other form of measurement • National: - Has led to higher test scores and better teaching - forces to provide quality education to all children in all schools

17. NCLB (2001) cont. • http://www.youtube.com/watch?v=Q0WUqNO0qo4 • http://www.youtube.com/watch?v=xIjU49Hyuzs

18. Defense of Marriage act,Doma (1996) • Purpose: Federal law that allows states to refuse to recognize same-sex marriages granted under the laws of other states • DOMA: barred same-sex married couples from being recognized as "spouses" for purposes of federal laws, basically denying them from receiving federal marriage benefits. DOMA's passage did not prevent individual states from recognizing gay marriage, but it imposed constraints on the benefits received by all legally married gay couples. • Falls Under: Mandate to 50 states regardless of honoring or not of same-sex marriage that Federal government will NOT recognize those marriages for federal benefits • Traditionally: state & local governments area under dual federalism • Guidelines: That no state has to accept licenses for same sex marriage from another state under article IV & no federal government office will accept same sex marriage for receiving of any federal benefits

19. Defense of Marriage act,Doma (1996) cont. • Administered: no need for states that do not want to or federal government to take any further action, the law will be defended In court by department of justice! • Description: The Dept. of Justice in 2011 made the decision to not defend & only enforce the law, the house of Representative hired its own law firm and defended the law in court, but in 2013 lost the case as unconstitutional due to 5th amendments Due Process Clause, opening the door for all federal benefits being extended to all same-sex couples regardless of the status of the state they reside in! • State: • - marriage is a state’s right issue (10th Amend) • - it is a violation of the full faith & credit clause National: - Marriage is a religious union between one man & woman - it can lead to article 4 violations if some states allow

20. Defense of Marriage act,Doma (1996) cont. • http://www.youtube.com/watch?v=B0L-tgmlMS0 • http://www.youtube.com/watch?v=mLv_kdheJhs