5. Tools of IGR Flashcards
Subnational governments want to get as much money as possible, while minimizing…
obligations to the federal government
Direct Orders
Mandate state or local actions under the threat of civil or critical penalties
Pre-emptions
Federal government assumes control of and area previously administered at the state or local level
Partial preemptions
Federal government sets minimum standards that must be maintained by state and local governments, or the federal government assumes control of the activity
Grants-In-Aid
Grants of money made by the federal government–sometimes with matching requirements–to stimulate activity at state and local levels
Crosscutting conditions of grants
Conditions that apply to all or most federal grant programs.
e.g. nondiscrimination, environmental protection, public employment
Crossover conditions of gants
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
Article VI, National Supremacy Clause
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.
The Supreme Court in 2012 ___________ immigration laws that had been established in the State of Arizona.
declared as null and void
The supreme court reaffirmed the Supreme Clause with this decision.
Article IV of the Constitution
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.
The 14th Amendment to the Constitution guarantees
equal protection of the laws.
This amendment gave congress the power to pass the ADA in 1990
The 14th Amendment
Article I, Section 8
Grants Congress the authority to regulate commerce
Gives congress authority to collect taxes and spend for the “general welfare”
Megan’s Law, passed in 1996 is an example of this IG tool
Direct Order/Mandate
It requires states to keep records of sex offenders and provide to the public.
This 1975 amendment to the voting rights act included a direct order/mandate that requires
voting districts to translate ballots in areas where 5% or more of the population speaks a language other than English.
In 2021, this many counties were required to provide bilingual ballots
248
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.
25%
In 2005, Congress passed a measure requiring states to check citizenship or legal residence on this type of application
Driver’s license. This costs over $100M
The Military and Overseas Voter Empowerment Act requires
states to provide secure and timely voter registration services to voters overseas for all primary and general elections
In 1995, Congress passed this act that requires the Congressional Budget Office to estimate the costs of mandates that exceed ______.
Unfunded Mandate Reform Act
$50 M
Examples of Preemption
1790-Copyright Act granted copyright authority to Congress.
1894-Bankruptcy Act
1906-FDA established
Examples of Preemption
1790-Copyright Act granted copyright authority to Congress.
1894-Bankrpcy Act
1906-FDA established
Partial Preemption
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.
Examples of partial preemptions
Water Quality Act, 1965; water quality standards–drinking, fishing & recreation.
Federal Meat Inspection, 1967: minimum standards for slaughtering animals.
Number of federal grants
1,200 grants, totaling $696 M
Example of how grants are used by federal government to influence state and local governments
Affordable Care Act: Provided millions for Medicaid expansion. Half of the states did it. Others rejected the federal money because of requirements.
Crosscutting Conditions of Grants in Aid
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
Civil Rights Act of 1964
“…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.
