Cooperative/fisca l Federalism & Federal Acts

1. Cooperative/fiscal Federalism & Federal Acts Unit 3 Federalism

2. Clean Air & Water Act1970-72 • *Purpose: to address a believed environmental crisis • *The Clean Air Act (CAA): originally passed in 1970, had the goal of monitoring and controlling all air pollutants by 1975; authority to control pollutants through regulation and the setting of standards*The Clean Water Act (CWA): passed in 1972 as the Federal Water Pollution Amendment Acts, is to make sure the nation's water is not polluted above certain measurements

3. Clean Air & Water Act1970-72 cont.… • This act greatly expanded the federal mandate, requiring comprehensive federal and state regulations for both stationary (industrial) pollution sources and mobile sources. It also significantly expanded federal enforcement. • *Falls under Cooperative/fiscal federalism • *Early days  State, since 1963  both!

4. Clean Air & Water Act1970-72 cont.… • Guidelines: in areas concerning air quality and emissions, ozone protection, motor vehicle emission, air craft emission, noise pollution, acid deposition, etc.. • *Administer law: It encourages regional air pollution prevention and control programs and provides technical and financial assistance to state and local governments air pollution prevention • *Categorical grants (Formula designed by EPA & states) • Description: mandates certain levels of pollution and control measured and enforced by EPA, EPA expects to administer program in exchange for funding, funding can be withheld!

5. Americans with Disabilities Act (ADA) 1990 • *Purpose: a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964,which made discrimination based on race, religion, sex, national origin, and other characteristics illegal

6. Americans with Disabilities Act (ADA) 1990 cont…. • *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 • *Administered: by an unfunded mandate and put upon states/local governments, private businesses to carry out • Description: National can threaten state govt. grants if the refuse to comply, can shut down business; there are exemptions for religious buildings, and older structures!

7. Brady Handgun Violence Prevention Act (Brady Bill) 1992 • *Purpose: to curb gun violence through the use of handgun. The Brady Bill was a response to the use of a handgun in the attempted assassination of President Ronald Reagan in 1981 – where John Hinckley Jr. shot James Brady and paralyzed him for life! • *Brady Bill: instituted a federal background check and a five day waiting period (kind of moot today) for all purchases of fire arm • *Falls under : Mandate! Federal ordering it done by state & local • *Traditionally: an area for states and local government • Guidelines: sets in place 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!

8. Brady Handgun Violence Prevention Act (Brady Bill) 1992 • *Administered: an unfunded mandate by the national government to state & local governments to carry out the checks to make sure no one from the bad list can purchase a handgun • Description: in 1998 through a supreme court ruling the waiting period was ruled unconstitutional and also due to 10th amendment was not mandatory for states to have to follow, however many have opted to stay in!

9. 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: the federal government ordered the states to increase their minimum legal drinking age to 21 years old. States were free to say "no," but for any state that did so it would lose approximately 10% of its federal funding for highway public transportation under another act called the Federal Aid Highway Act. The NMDAA was also "unfunded" because the federal government did not give the states any money to help in enforcing the new minimum drinking age law • *Falls Under: unfunded mandate cooperative federalism • *Traditionally: this is state and local government area under dual federalism • Guidelines: raise the age limit or risk losing 10% of your transportation and highway federal aid money

10. National minimum drinking age act (NMDAA) 1984 • *Administered: unfunded and mandated by the federal on the state and local governments to bare the cost and carry out the enforcement and regulation • Description: not only National can force an unfunded change, but it can also penalize the state in another area where it is receiving funding from the federal government

11. No Child Left Behind (2001) • *Purpose: Act of congress 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 to rest of schools or risk losing most funding from the Federal Government. A school 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, combination of formula and project grants, some block grants in the area of technology) • *Traditionally: Falls underState reserved powers (10thAmend.)

12. NCLB (2001) cont. • Guidelines: The Act requires states to develop assessments in basic skills. To receive federal school funding, States must give these assessments to all students at select grade levels. The Act does not assert a national achievement standard. Each individual state develops its own standards.[4] NCLB expanded 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 • Description: National govt. can withhold funding and even bring about whole structural change to school or school system if adequate progress not seen in a span of six years!

13. Defense of Marriage act,Doma (1996) • *Purpose: United States 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

14. 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: After the Dept. of Justice in 2011 made the decision to not defend and 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!