Instructions for Memo on US Federalism – Policy Issue
Instructions:Identify a current public policy issue related to federalism and intergovernmental relations (national-state-local-tribal)t
• Describe and explain the issue
i. What makes it a federalism or intergovernmental issue? (Is there a conflict between federal action and state/local/tribal action? Is the federal government overstepping its authority to act? Are the states/localities failing to comply with federal law? Are states/localities overstepping their authority to act? Is there debate over which level of government should have control and responsibility? Are there issues with implementation, such as lack of federal funding, state or local resistance to implementation, etc.?)
• Identify the current status of the issue (proposed federal/state/local legislation, law, court decision, regulation, public debate, etc.)
• Identify and discuss the political dimensions of the issue. In other words, how do Republicans and Democrats view the issue? Are there liberal/conservative dimensions as well? What arguments does each side use in the debate? Identify organizations, special interest groups, advocacy groups, etc. that are lined up for or against the issue.
• Identify any judicial actions regarding the issue. Are there court rulings? What is the legal rationale for the ruling?
Format:Students will prepare a Memorandum. See Moodle (Assignments) for Memo Template. The memo should rangefrom 8-10 pages. A MINIMUM of 8 outside references from REPUTABLE sources is required. The memo should be typed, double-spaced, 12 point font, with each page numbered.The memo should be in narrative form using headings and subheadings to organize the paper. All direct quotes and close paraphrases should be appropriately cited both within the text and in a reference page at the end of the memo. SEE Legitimate Sources for the Memo on US Federalism at the end of these directions.
If you need assistance in selecting a topic, I can help. The following topics are particularly hot right now in federalism and intergovernmental relations:
1) Health care policy: Patient Protection and Affordable Care Act of 2010 and the role of states in implementation such as the creation of health insurance exchanges and the expansion of Medicaid.
2) Immigration policy: State immigration laws (Arizona, Alabama, etc.) and how they may conflict with federal policy; local regulations regarding immigration such as sanctuary laws.
3) Environmental policy: Climate change, fracking laws and regulations and the role of the EPA and state and local governments.
4) Civil Rights policy: Obergefell v. Hodges (2015) and the authority to define marriage and state/local resistance to the U.S. Supreme Court decision.
5) Education policy: Bush’s No Child Left Behind Act of 2001 and Obama’s Race to the Top and the challenges of implementation for state and local governments.
6) Drug policy: State medical marijuana and recreational marijuana laws, how they conflict with federal drug laws, and the Obama Administration’s enforcement of such laws.
Legitimate Sources for the Memo on US Federalism:
A) NO Wikipedia!
B) Peer-reviewed scholarly journals: A peer-reviewed scholarly journal refers only to those journals where the author submits her manuscript to several other scholars, experts, or academics (peers) in the field for review and comment. These reviewers must agree that the article represents properly conducted original research or writing before it can be published. What to look for:
• Scholarly journal articles often have an abstract, a descriptive summary of the article contents, before the main text of the article.
• Scholarly journals always cite their sources in the form of parenthetical references, footnotes, and bibliographies. These bibliographies are generally lengthy and cite other scholarly writings.
• Articles are written by a scholar in the field or by someone who has done research in the field. The affiliations of the authors are listed, usually at the bottom of the first page or at the end of the article—universities and research institutions.
• The language of scholarly journals is that of the discipline covered. It assumes some technical background on the part of the reader.
• The main purpose of a scholarly journal is to report on original research or experimentation in order to make such information available to the rest of the scholarly world.
Here are some examples of peer-reviewed scholarly journals in public administration and public policy:
• Public Administration Review
• State and Local Government Review
• American Review of Public Administration
• Policy Studies Journal
• Public Budgeting and Finance
• Publius: The Journal of Federalism
C) Research Organizations-Policy Think Tanks
There are many organizations that engage in research on a wide variety of topics. These organizations can be a valuable source of information. However, do your research. SOME of these organizations may have a particular ideological perspective. There is nothing wrong with this, but be aware of this perspective when using the information. Examples of research organizations or think tanks:
• Center on Budget and Policy Priorities
• Brookings Institute
• Heritage Foundation
• Urban Institute
• Progressive Policy Institute
• CATO Institute
D) Professional Associations
There are many organizations that represent specific professions or elected officials. These organizations also provide good information on a variety of policy topics. Examples of professional organizations:
• National Conference of State Legislatures
• National Governors Association
• Council of State Governments
E) Newspapers
• New York Times
• Wall Street Journal
• Washington Post
F) News Magazines
• Time
• Newsweek
G) Journals of Professional Organizations
• Governing
• State Legislatures
Answer preview
Although the federal government position is that the state should ban marijuana use, they cannot force them to enact the federal laws (anti-commandeering doctrine). The Congress chooses to uphold (or ignore) the legalizing efforts that have relative benefits in controlling marijuana than the absence of any state drug statutes (Somin, 2016, March 21). Since the state government has realized that Congress is considerate of the benefits of legalizing, there are potentially high risks for more legalization efforts that will otherwise contradict the federal drug statutes. For the federal government, the manufacture, distribution, sale, and possession of marijuana is a crime that continually increases the tension between the two levels of government (National Attorneys General Training & Research Institute, n.d.).
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