5. Tools of IGR

Question 1

Subnational governments want to get as much money as possible, while minimizing…

Answer 1

obligations to the federal government

Question 2

Direct Orders

Answer 2

Mandate state or local actions under the threat of civil or critical penalties

Question 3

Pre-emptions

Answer 3

Federal government assumes control of and area previously administered at the state or local level

Question 4

Partial preemptions

Answer 4

Federal government sets minimum standards that must be maintained by state and local governments, or the federal government assumes control of the activity

Question 5

Grants-In-Aid

Answer 5

Grants of money made by the federal government–sometimes with matching requirements–to stimulate activity at state and local levels

Question 6

Crosscutting conditions of grants

Answer 6

Conditions that apply to all or most federal grant programs.

e.g. nondiscrimination, environmental protection, public employment

Question 7

Crossover conditions of gants

Answer 7

Sanctions that threaten the termination or reduction of federal aid in one area, unless the desired conditions in another are met.

e.g. highway safety and beautification, environmental protection, health care

Question 8

Article VI, National Supremacy Clause

Answer 8

This constitution, and the laws of the United States which shall be made in Pursuance thereof… shall be the supreme Law of the Land and the judges in every State shall be bound thereby…

Those activities allocated by the Constitution to the federal government are supreme and trump any actions by the states to the contrary.

Question 9

The Supreme Court in 2012 ___________ immigration laws that had been established in the State of Arizona.

Answer 9

declared as null and void

The supreme court reaffirmed the Supreme Clause with this decision.

Question 10

Article IV of the Constitution

Answer 10

guarantees to every state a “Republican Form of Government” a clause used by the congress to justify various voter suppression laws from time to time enacted by the states, such as literacy tests and the poll tax.

Question 11

The 14th Amendment to the Constitution guarantees

Answer 11

equal protection of the laws.

Question 12

This amendment gave congress the power to pass the ADA in 1990

Answer 12

The 14th Amendment

Question 13

Article I, Section 8

Answer 13

Grants Congress the authority to regulate commerce

Gives congress authority to collect taxes and spend for the “general welfare”

Question 14

Megan’s Law, passed in 1996 is an example of this IG tool

Answer 14

Direct Order/Mandate

It requires states to keep records of sex offenders and provide to the public.

Question 15

This 1975 amendment to the voting rights act included a direct order/mandate that requires

Answer 15

voting districts to translate ballots in areas where 5% or more of the population speaks a language other than English.

Question 16

In 2021, this many counties were required to provide bilingual ballots

Answer 16

248

Question 17

Congress gave a mandate in 2000 that required voting equipment to be updated and poll workers to be trained. Federal funding covers this percentage of the cost.

Answer 17

25%

Question 18

In 2005, Congress passed a measure requiring states to check citizenship or legal residence on this type of application

Answer 18

Driver’s license. This costs over $100M

Question 19

The Military and Overseas Voter Empowerment Act requires

Answer 19

states to provide secure and timely voter registration services to voters overseas for all primary and general elections

Question 20

In 1995, Congress passed this act that requires the Congressional Budget Office to estimate the costs of mandates that exceed ______.

Answer 20

Unfunded Mandate Reform Act

$50 M

Question 21

Examples of Preemption

Answer 21

1790-Copyright Act granted copyright authority to Congress.

1894-Bankruptcy Act

1906-FDA established

Question 21

Examples of Preemption

Answer 21

1790-Copyright Act granted copyright authority to Congress.

1894-Bankrpcy Act

1906-FDA established

Question 22

Partial Preemption

Answer 22

When the national government sets minimum standards in an area and permits state and local governments to exercise primary responsibility for that function as long as they maintain standards at least as high as those set by the national government.

Question 23

Examples of partial preemptions

Answer 23

Water Quality Act, 1965; water quality standards–drinking, fishing & recreation.

Federal Meat Inspection, 1967: minimum standards for slaughtering animals.

Question 24

Number of federal grants

Answer 24

1,200 grants, totaling $696 M

Question 25

Example of how grants are used by federal government to influence state and local governments

Answer 25

Affordable Care Act: Provided millions for Medicaid expansion. Half of the states did it. Others rejected the federal money because of requirements.

Question 26

Crosscutting Conditions of Grants in Aid

Answer 26

Virtually all grants include conditions pertaining to nondiscrimination, environmental protection, planning and coordination, labor standards, public access to facilities, etc.

Most conditions were developed in the 1960s and 1970s

Question 27

Civil Rights Act of 1964

Answer 27

“…no person in the united states shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program receiving federal financial assistance.”

Crosscutting requirements have been enacted for the protection of other disadvantaged groups, such as the disabled, elderly, and women.