The Future of Federalism
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cide how money is to be spent. In some respects this has effectively transformed State and local governments into administrative units of the national government, contributing to the gradual erosion of the State’s
control over its own cities and other political subdivisions. The expansive use of the spending power by Congress—especially the practice of
conditioning eligibility for Federal grants on compliance with regulations having little or no relationship to the program being funded—has
led to a major expansion of Federal power over State budget priorities
and, in many instances, over State laws and constitutions. Litigation about
the scope of the spending power has been rare, and in those instances
where the Federal Judiciary has addressed the issue, the judges have generally declined to impose any constitutional limitations.
Civil rights legislation under the Commerce Clause and the enforcement clauses of the Thirteenth, Fourteenth, and Fifteenth amendments, in
conjunction with the ‘‘nationalization’’ of the Bill of Rights, has also contributed to the growth of Federal power at the expense of the States. As
originally drafted, the Bill of Rights restricted only Congress and the Federal government. By exempting the States, it gave them exclusive jurisdiction over disputes between a State and one of its citizens regarding such
matters as freedom of religion and the rights of the accused. These disputes were resolved in the State courts, in accordance with State laws and
State constitutions. In recent years, however, the Supreme Court has taken
command of these cases, holding that most provisions of the Bill of Rights
apply to the States as well as Congress, and that such disputes must now
be settled in Federal courts according to Federal standards. As a result of
this development in the courts, there has been a massive transfer of power
over civil liberties questions from the States to the general government.
These are only some of the examples that might be offered to explain
the decline of federalism. Technological advances making State regulation impractical, changing public attitudes about the proper role of the
Federal government, the incessant demand for public services and assistance: these and many other factors have also contributed to the growth
of ‘‘big government.’’ The President, Congress, and the Courts have all
played significant roles in bringing about this state of affairs.
Some observers view this development favorably, arguing that much