United States of America was born when the thirteen former British colonies got independence in 1776. Though the constitution was adopted in the very next year of declaration of independence but soon it started amending with the first initial 10 amendments recognized as the Bill of Rights, which were made part of the constitution. However, few aspects of the American constitution were depicted from the British constitution as well as other federations who joined USA. For instance, the bicameral system of American constitution was an influence of the Bicameral British Parliamentary system. Bicameral system means the Congress is divided into two houses, which are the Senate and House of Representatives. House of Representatives is the lower chamber of the Congress while Senate is the upper house of Congress. The people on universal franchise elect members from both the chambers of Congress. (Akhund, 2002) Nonetheless, a distinctive characteristic of the American constitution among its direct and elective democracy is the system of checks and balances on these separated powers. Therefore, the American constitution is a unique constitution that is at the same time a democratic federal system and keeps a check and balance via its system of separation of powers. The powers are divided into three groups, which are the Executive, Legislative and Congress. (Akhund, 2002)

Federalism

The American constitution is federal in nature as it grants the decision making power to two different levels of government, which are the central part and the constituent unit known as the state. Therefore, each power unit possessing its exclusive powers operates on the people of the state. Basically the need to adopt a centralize government was to provide a path to the different thirteen independent states in meeting the foreign pressure as well as to set up some uniformity to commerce, however, to avoid opposition at the national level and keep a system of checks and balances it was also decided to reserve some power to the states. (Akhund, 2002) Therefore, the written constitution of America distributed power into a central government known as the federal government and the regional or sub-divisional governments, though both these acting powers directly apply their power under the umbrella of laws and officials over the people. (Deol, PP 203-204)

However, both the state and central governments enjoy their supreme power and exercise their authority for the smooth running of all the political, social as well as economic affairs of the country. On the other hand Supreme Court acts as an impartial and supreme authority to keep a check on the various issues arising between both the governments and ensure peace and understanding for the effective working of both these governments. However, the American Supreme Court enjoys immense powers for instance, under its power of judicial consideration it keeps a check on all the laws made by both the governments that whether they are according to the constitution or not. At the same time Supreme Court can amend, accept or reject any law made by these two governments. Similarly, Supreme Court exercises it power when ever it needs to safeguard political unrest among the federal and central governments and protects the fundamental rights of the people even against the ruling authorities of both these governments. (Hall, Kermit and Hall L. Kermit, 2000)

Moreover, the American federalism also provides unity in diversity to the states and the government. Due to the federal structure of the American constitution, various states freely practice their traditional culture. These very states with in America practice their tradition and culture in various fields like education, agriculture and many other aspects with out interfering the domestic policies of other states. At the same time, Federalism also allows to decentralize the authority, which helps the decision making process to be more authentic and fast with out delays in important decisions. Nonetheless, political participation is also purified by its division into three different levels, which are at local, state and national level. Due to this division of participation under the federal structure of the American government, all political issues are addressed concluding meaningful results. (Deol, PP 203-204)

Where as the powers delegated to the federal government includes: Taxation Power, Regulation of interstate and foreign commerce, Borrowing and issuing currency, Establishing lower courts, declaration of war as well as raising and supporting any army, maintaining a navy, providing for militia, governing territories and properties, defining and punishing piracies on high seas, establishments of post offices, granting patents and copy rights, fixing standards of weights and measures and making all laws necessary to carry out the above mentioned rules. It is also important to realize that all these powers vested to the federal government are equally binding upon all the states with in the US. (Deol, PP 205) On the other hand the powers reserved for the state includes: regulation of interstate commerce, establishment of local governments, protecting the health, safety, welfare and moral values of the citizens, ratification of the amendments, conducting elections and specifying necessary conditions for the rights to vote except those provided in the constitution as well as changing the state constitution and governments when required. However, the powers that are concurrent for both the federal and state governments include: imposing taxes by both congress as well as the states, borrowing public funds, chartering banks and other corporations, establishment of courts as well as making and enforcing laws, acquisition of property for public welfare as well as spending the public capital for general welfare. (Deol, PP 205) At the same time, in order to balance the power and keep a check on the working of the federal and state governments, the federal structure also prohibit some powers to the states, which confuses the actual power status of the states.

Federalism and 10th Amendment

Therefore, federalism at the same time allows a central government, which actively participates in solving the common issues of the people at large while at the same time maintaining domestic pride, traditions and power. However, the fundamental principle of American constitution is set in the Tenth Amendment of the American constitution, which was ratified in 1971. Though the initial ten amendments are related to the Bill of Rights and to the safeguard of basic rights of the people of America. Therefore, the Tenth Amendment talks about the right of the state and the people. It basically assures the people that the Federal government will not misuse it s power and will not override the rights of the states as the federal government posses the authority to make, amend any laws “necessary and proper” to carry out specific power. Therefore, according to the Tenth Amendment, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (Federalism and American Politics, 2002)

Therefore, these two presidents emphasized to enhance the role of state towards more responsibilities to run the government in a more effective manner by reducing the power of the federal government. However, the current criminal and civil laws that govern the American people are basically the state laws, which also cover the family, traffic and commercial laws. So this makes us understand the importance of the American states as considerable legal entities. Nonetheless, the right of the state to decide to sentence death penalty to the convicted murderers is a classical example showing the right of the state. (Herman Bakvis and William M. Chandler 1987)

In order to understand the intergovernmental relationship between the federal and state government, a good example would be the case of the Human Services Department recognized as Minnesota. This basically posses a system of human services programs that provide health care facilities as well as economic support and other social assistance to the people of America. Therefore, the Federal government ratifies laws and funds to the various health care projects administered by this organization and the States passes these laws from its legislations to qualify these federal funding. However the policy of the state is highly influenced by the federal law fulfilling its requirements in regard to receive the basic federal funding. On the other hand the local governments work more practically as they determine the eligibility in regard for receiving assistance in various social, economic and health care programs as well as provide the principle human services at doorstep. So in this way all the departments are related to each other and work with a strong relationship safeguarding the national interest of America and its people. (Chun, 2002)

Unfunded Federal Mandates

Since the federal government enjoys the power to enforce laws which are binding upon the states and other local agencies, the federal legislation imposes Unfunded mandates to the local and state governments. This results into social and economic disturbances in the governing bodies of the states and the various districts of these states. Therefore, much has been talked about the unfunded mandates specifically to safe guard the balanced budget of the states. The Unfunded mandate involves millions of dollars per year, which the state governments cannot manage to arrange for the social and economic development. There are many areas where federal funds are required for instance, child education; health care facilities and other social and economic areas are in serious need for funds as the states lack funds in this regard. Therefore, the state government and the people at large are raising the point that the federal government should also try to balance its budget prior to making any mandates as the local and state governments do so that the burden of unfunded mandates should not be on the state and local governments. So it is the taxpayers or the local budget, which has to suffer due to the unfunded mandates.

Unfunded mandates are basically the voluntary programs of the federal government towards the socio-economic development with in the very states of America. However, mandate is related to any legislative or statute provision, which will impose an enforceable duty on the states or local and tribal governments or which will effect the funds of some existing mandates by reduction or elimination in the reserved cost for that very mandate. However, such duties and responsibilities that are due to conditional assistance to the federal government in a voluntary program are not considered to be mandates. (CBO, May 2001, P. 5) On the other hand, when the direct federal funding decreases from the required or reserved amount of funding of the state, local or tribal government to meet the mandate and the cost limits the spending, which is as a result of the enforceable duty imposed by the legislation it related to the category of unfunded mandates. (CBO, May 2001, p. 6)

Therefore, there is a difference between voluntary and mandated programs, which needs to be realized specially when the relation of federal and state government is to be discussed in regard to unfunded mandates. So in voluntary programs states should be free to spend their personal revenue taxes according to the requirements they feel instead of being forced by the federal government to spend for unwanted programs. However, voluntary programs are theoretically proposals by the federal government in regard to provide a guideline about the functioning of the states in accordance to these mandates. Hence they are not impost theoretically but since the federal government offers to support implementing the mandate via financial assistance, states have started taking federal government for granted to provide a complete funding for such mandates Practically states now recognized such mandates as the unfunded mandates. Therefore, the states basically have an option to accept the mandate or keep itself self-independent of federal interference in that very program. (Riedl, May 28, 2003)

The No Child Left Behind Act passed by the federal government is a classical example, which is now days mostly talked about by both the federal and state governments. According to this plan, states are independent to make their policies and implement any suitable plan in regard to educate their disadvantaged children. However, The No Child Left Behind Act is therefore, a legalized model of the federal government, which is not imposed on the states. (Riedl, May 28, 2003)

Unfunded Mandates And The Relationship Between Federal and State Government

Due to the very fact that the federal government enjoys tremendous powers and higher powers then the state governments, the states are always dependent on the federal government specifically when it comes to legalize funding for any social, economic or other necessary project. The federal government mandates many projects with out funding them where all the burden lies on the state and local governments, which immensy effects the taxpayers and disbalances the budget of the states. Though there are many areas that require sufficient funding by the federal government but the presently child education is the imperative concern of the states and local governments. Therefore, among these various social and economical projects, the most costly mandate is the “No Child Left Behind Act”

No Child Left Behind Act: affecting intergovernmental relationship in America

Among the various issues related to unfunded mandates, recently the No Child Left Behind Act is a major issue affecting the intergovernmental relationship between the federal government and state government. The principle motive of the No Child Left Behind Act is to provide the best educational opportunities to the American children at the same time ensuring their success. Therefore, ESA in 1994 started struggling to achieve reauthorization by the federal government in regard to get funds for educational plans which was singed and made a law by the federal government on January 8, 2002, which is presently known as the No Child Left Behind Act. This act basically contains directions for standard reading and mathematical performance, which is expected to continue via the NCLB along some additional modifications and accountability provisions. Since Iowa negotiated it through the federal legislation in 1994 with the United States Department of Education, which is known as the Iowa model and associated with the state policy with 1994 ESEA. (USDE) (ESEA 1994) Moreover, presently Iowa is working in association with other 29 states of America to get a timeline waiver by the USFE in order to complete the requirements of the 1994 legislation.

Therefore, many states are working together to gain funds under the NCLB Act, to meet the mandate of educating the children of America in their respective local districts and states. For instance, the California Department of Education and the State Board of Education under the No Child Left Behind Act of 2001 requires the development and implementation of a statewide accountability system. Therefore, it is mandatory to each state to ensure an adequate yearly progress in all schools of each district, which includes elementary education to higher education. On the other hand, the USED is also looking forward for progress report by each state in the above regard by the next year. At the same time, under the same mandate, the quality of teaching and improving teaching techniques is also a part of the agenda. (NLCB 2001) Similarly other states are also looking forward for federal funds to meet the requirement of the NCLB mandates so that they can implement the legislation over all the schools in the very districts of these states.

Prior to the NCLB Act of 2001, the federal government has been funding to meet the demands of the mandate related to the No Child Left Behind Act. However, some states started using the funds to cover their personal educational expenses and other social security issues that are not a part of the mandate. Therefore, with the NCLB Act of 2001, Washington imposed certain restrictions and provided as the federal money is supposed to be used for the federal mandate either voluntary mandates or other unfunded mandates. Consequently, in regard to the issue of unfunded mandates specifically the No Child Left Behind Act is one of the principle issues affecting the intergovernmental relationships between the state and federal governments.