While it would be an overstatement to suggest that the average
American has a clear concept of meaning of federalism in 1994, there is
some evidence than issues, involving locus of governmental power are
important to many. For example, polling organizations frequently ask
citizens - which level of government most enjoys their trust and
confidence. The results consistently indicate, that people trust their
local governments most and their national government least. The states
drift along in the middle. So, most Americans view local government the
most favorably. However, as is the case in most areas of our
political life, attitudes change significantly when citizens are faced
with specific issues. Even though Americans appear to be committed to
federalism in the abstract, they always seem to have lengthy list of
problems which they want the federal government because state and local
governments have failed to resolve them, or a list of services which
are perceived as poorly provided or not provided at all. It is common
for individuals and groups to respond to such perceptions by demanding
that the national government create new standards or mandates or
provide direct or indirect expenditures of money. Sometimes, they seek
both. While it is traditional to expect demands for increased
national government activity from more liberal, so-called «big
government», elements in American society, conservatives, who see
themselves as a defenders of state’s rights and local self-government
also may jump on the bandwagon and demand national action. Thus it is
quite unsurprising that recently liberal elements in American society
have sought national legislation controlling access to firearms, as
reflected in recently-adopted Brady Bill, which requires dealers to run
checks on purchasers. On the other hand, it seems unusual, from a
federalism perspective, that conservative elements have sought national
government action to eliminate or restrict access to abortions or to
permit the introduction of prayers in the public schools. Perhaps
the best recent example of such a demand for national action may be
found in public safety area. There is a general perception, that high
levels of criminal activity made the persons and property of the
average citizen in this country unsafe. In general, however, the
definition and control of criminal behavior has historically been a
state and local responsibility. Our national officials sense that there
is a demand for them to do something in response to state and local
failures. The result is anti-crime legislation at the national level
which has been proposed by the President and which is largely supported
by members of Congress. While many of us doubt the effectiveness of the
specific legislation, few people have seriously objected to this
activity as destructive of basic fabric of our federal system. The
result is an inconsistent and often confusing approach to solving
governmental problems in a federalist concept. In terms of practical
politics, the system provides multiple forms of access. Various groups,
no matter what ideological view of the federal system, take a pragmatic
approach. That is, when their preferred level of government fails to
produce policy results, that are satisfactory, they seek action at
another level. None of the models of the federal systems seems to
describe this state of affairs very well. There is also
confusion about federalism at another level in the US. We often observe
this best when trying to teach about the system in our American
Government classes. For some, federalism is equated with democracy.
This is to say that they believe that unitary systems are by definition
undemocratic. These patriotic souls are skeptical of evidence which
demonstrates that some unitary systems are quite democratic, and that
some federal systems are quite autocratic in nature. Still,
others confuse federalism with the concepts of separation of powers and
checks and balances which are so important in understanding American
government. While federalism does indeed divide governmental powers and
involve some checking and balancing, separation of powers is a term,
normally reserved to discussions of the relations between the
executive, legislative, and judicial branches of our governments. This
distinction is troublesome for many of our students. Due to my
limited time I would like to state some most nuisance problems, that
became a heavy burden for every American, involved in active politics
in any way. First, we should mention the so-called «unfunded mandate»,
that became the biggest bone of contention in American
intergovernmental rules. An unfunded mandate can be said to exist when
the national government requires new or improved services or level of
regulation, but leaves funding largely to state and local governments.
This permits national level officials and institutions to establish
their own policy without any considering costs. While that seems a poor
way to operate, it fits in well with some traditional American
political attitudes in which costs of government services are either
ignored or assumed to be borne by someone else.
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