FREE ESSAY ON FEDERALISM ESSAY

FEDERALISM ESSAY

Federalism is a political system comprised of several local units of government and one
national government that can both make decisions with respect to at least some
governmental activities and whose existence is specially protected. Sovereignty is shared
so that on some matters the national government is supreme, and on some matters the state
governments are supreme. But in the last twenty-five years, the increase of federal
mandates on state and local governments has shifted the balance of power between national
and state governments. The national government is beginning to have more control over the
states' actions.
Federal mandates are rules imposed by the federal government on the states as conditions
for obtaining federal grants or requirements that the states pay the costs of certain
nationally defined programs. Unfunded federal mandates usually concern civil rights or
the environment. Since the 1970's, the number of federal mandates imposed by Congress and
the courts have greatly increased. As more mandates are created by Congress, the national
government gains more control over the state governments. The states follow the
conditions laid out in the mandates so that they will be eligible to receive money in the
form of federal grants. Therefore, the national government is becoming more powerful and
the state and local governments are becoming more dependent on and in some ways,
subservient to it.
One recently enacted mandate is the Americans with Disabilities Act, which was enacted in
1990. It requires businesses and state and local governments to provide the disabled with
equal access to services, employment, buildings, and transportation. The objective of
this mandate was to give disabled persons equal opportunities and services, and remove
any discrimination.
Fiscally, this act has created another burden for state and local governments. Local
governments are now responsible for making sure that new buses, taxis and trains are
handicap-accessible. Funds to do this must be allocated from their annual budgets. But
the mandate itself does not specify how much it will cost to implement this mandate or
how it is to be administered. The Americans with Disabilities Act has caused state and
local governments to reorganize their funds in order to provide for the added fiscal
responsibilities of this mandate.
However, the removal of this mandate would have negative consequences. The Americans with
Disabilities Act protects people that society could otherwise let fall by the wayside. It
ensures that the handicapped will have the same opportunities and conveniences,
especially as far as employment and transportation are concerned, that the rest of the
citizens of this country enjoy. Taking away this protection would allow for the
discrimination and further alienation of the disabled people of the United States.
The Americans with Disabilities Act is one example of a mandate enacted by the national
government which requires local and state government compliance. This demonstrates how
the federal government can exercise its influence over the state governments. Because the
states must obey the conditions laid out in this mandate, as well as others, they are
being held accountable by the federal government. This takes its toll on federalism in
the United States. Sovereignty is becoming less equally shared between state and national
governments. The increase in federal mandates has caused the federal government to become
more powerful, and therefore exercise even more influence of the people. As they have
continued to become more powerful, more mandates have been enacted. And even though
Congress has begun to try to reduce these unfunded mandates, they are still causing an
imbalance of power in the United States.