The Federal SYstem
Morton Grodzins
functions of government'As rhe
Federalismis a device for dividing decisionsand
structureis a means,not an encl'
constirurionalfathers*.it u.ra"rriood, the federal
with an expositionof American
The pagesthar follow are rhereforenot concerned
focus'rather,is on the purpose
f"d"ralf,rn as a formal, legalset of relationships.The
power between central and peof federalisrn,that is ,o ,"oy,ot' the distribution of
ripheral units of government'
I. The Sharing of Functions
symbolizedby a threeThe American form of governmentis often, but elroneously,
cake,characterized
marble
or
layer cake.A far more l..u.u," imageis the rainbow
colors appearing
the
by an inseparablemingling of differently colored ir-rgredients,
mixed in the
are
colors
As
in vertical and diagonal,tio.rd, and unexpectedwhirls.
system'
federal
marblecake,so functions are mixed in the American
is ' ' the foundation of the
experience
continr'rous
ancl
A long, extensive'
American federal system'
presenr,yri"* of sharedfuncrions characteristicof the
lt is a misjudgmentof our hiswhat we have called the marble cakeof government.
neat separationof governmental
tory and our presentsituation to believe that a
in our societyand systemof
functions coulcltake place without drastic alterations
government.
II. Dynamics of Shaqn-g:
The Politics of the Federal SYstem
federalsystem'one is the simple
Many causescontribute to dispersedpower in the
A secondis in the form of
nation.
the
hisrorical facr that rhe sraresexistedbefore
distrust of centralized
expresses
that
.r..d, th" traditional opinion of Americans
local units of govefnof
vitality
and
power and placesgreat ,ral,.,"in the strength
nation's sizeand by
the
by
nurtured
ment. Anorher is pride in iocality and state,
Morton Grodzins
15
governVariationsofregionaiandstatehistory.stillafourthcauseofdecentralizationisthe
groups'including state and local
experi'
sheerwealth of tn" t'"11"'-it "if"*t'all
for
room
supplies
gou""'itr";s largesse'
ments, to partake "f 'h";";;;
organization of
tight
th"
makes
.unnec"'"t^'yof one program necessarily
mentation and even *"';
"Iri when the
support
tt""-]lfic,*
that
power
political
'*"un,
,h. deprivation of another'
operatesto t.mpedecenthe Constitution no longer
ln one important 'ontt''
giu"t-tcongress a relas"nr"-e court since 1937"has
tralized governmenr.riJ
t i v e l y f r e e h a n d . T h e f e d e r a l g o v e l n m e n t cLimitations
anbuildsub
t a n t i cenffal
v e p r o gprograms
lamstnmany
ofs such
powers'
longas
as
areason the taxatton ^J;;;e
't"9:t^'n:ilfle
^': t:
on th" o'g"*"'-"i':;il;;;:tl*t,o."1"' in the interestof the whole nation'
based
view) acts reasonably
Congress(in the Court's
T h e C o u r t i s u n l i k e l y . , " u " . , " t h i s p e r m i s s i v . " uLop.z
i " * i . ' tu,-'d
h e f oMorrison
r e s e e a b(Reading
l e f u t u r e13)
.[But
i.,,i"
nore thar th" s.,pr"mi'c"";;;;:;io,],
casesreestablishediimitsonCongress'spLrwerto'"gt-tlut"thestatesunderthecomrnerceclause'l
-^nrraliT2rionco
continue to oprestraintson centraiization
Nevertheless,someconstitutional
states-for exaurple'the assignment
o.,tttion of the
naerate.The ,a'o''', to't"i'"t.""i
statesin adrninisteringeven
,,u,", ,h" role g-iventhe
powersof two Senator, ao "u.h
on their lawmaking
r"ir,tr"ry few limirations
ti.nal elections,and ,i,r"
of
establishesthegeographicalunitsasnatural.",',*,,ofadministrativeandpolitical
subjectto the samelatitude
the Constitution ;;;;
unamstated'
strength.Mut'y tint""" of
cleariy
u"d 'u* lrluL""'' The sirnple'
interpretation " tn" t"itt""""
office during the term
his
hold
'h" Pt"'id"t'rlthall
process'
biguousphrases-for ;;;1"'
only through'*" tt-t-T":mendment
thnt'g"
tn
of four years"-are subject
congressmenand
; th" te'm' of Senatorsand
similar provlsrons"#i;;;';;1
or festrainingcenirr"* have the effectof retarding
the amendme", n*r."rr. ,oii "r
of the Presrdentand
governmenr.'ir-t.Jt."a terns
federal
rhe
of
acrion
of nationwide'
tralizing
greatlyt;;";" the'developrnent
fo"t-"'*u^oti'
co"g'"
or
colltinuous
mernbers
"ljrrri", ,t ^ia*ort .".tui.rly would have to precede
politi.ul
disciplined
areress
authoritv
ofnatronal
thev
"*pu,,,,'on
that
1936'But to sav
thanthey*"i" t" islq or
r;'e;;iiiil1ilin:ii".:fft"tT:",il1
importantandlessi';;;"'
to say that they.are unimportanr'
are less important ls not
causesand add some of their
th"" att"""^rt'-g
The nation's ;iiil"';A:tt
They seidom perform
u"tt"d S;;;"; are"unique'
poiitltut"pu"t?'
The
the function of
own.
"i'i"
perform in other countries'
p;;;;;'"ditio'''ully
'h^t
the function
into one' Except durof po*"' ^td welding them
a'"i"t
together
gathering
and for the essentialbut r-ron"'"td'
and electinga Prerid"nt
or
period
ing the
the Arnerican partres
"J^*jr^*
the lio,.,sesof congress,
brri""rr^'"i;;;*
substantive
tn* O:
*1,t:::illr:til:;:J1;
oo*t' at ;ll' Characteristically
rarelycoalesc"
w1t
local interestsare represented
and
special
whith
canopy.tnde'
electedon a party
are
p'og'"tn' National leaders
party
a
calied
be
can
is to be
anything that
t'i*"t' tltheir ieadership
'""tt t'o*lo"i"
must
they
Congress
in
ticket, but
could do
effective.ltisarar-ePresidentduring.",.p",ioa,.1|'o.u,.'lrodllelegislationwith.
of his own pu'ty' (Vil'on
a"f"t'i""-oi
out facing tf't
"tb"ut"iul ""*bt"
rhis in the first sessionof the Sixty.Third Congress;but Franklin D. Roosevelt
could nor, even during the famoushundred daysof 1933.)Presidentswhoseparties
form the majority of the Congressionalhousesmust still count heavily on support
from the other party.
The partiesprovidethe pivot on which the entire governmentaisystemswings'
Party operario.,r,fi.r, of all, produce in legislationthe basicdivision of fr-tnctions
b.t*"".r the federal government, on the one hand, and state and local govern'
ments,on the orher.
The party sysremcompelsadministratorsto take a political role. This is a third
way in *hi.h ,h" partiesfunction to decentralizethe American system.The administrator must play politics for the sameleasonthat the politician is able to play in
adminisrration:rhe parriesare without programand without discipline.
ln responseto the unprotectedposition in which the party situation piaces
him, the administrator is forced to seek support where he can find it. One everpresenttask is to nursethe Congressof the United States,that cn-rciaiconstituency
which ultimately controls his agency'sbudget and program' From the administrator's view, a sympatheticconsiderationof Congressionalreqlrest(if not downright
submissionto them) is the surestway to build the political supportwithout which
the administrativejob co1rldnot continue. Even the completelytask-orientedadministrator must be sensitiveto the need for Congressionalsupportand to the relationship between casework requests,on one side, and budgetaryand legislative
supporr,on rhe other. "You do a good job handiing the personalproblemsand requestsof a Congressman,"a'lVhite Houseofficer said,"and you have an easiertime
convincing him to back your program."Thr-rsrhere is an important link between
the nursing of Congressionalrequests,requeststhat iargelyconcern local matters,
and the most comprehensivenational programs.The administratormust accommodate to the forrneras a price of gaining supportfor the latter'
One resultof administrativepoliticsis that the administrativeagencymay beregulates.
comerhe capriveof the nationwideinterestgroupit servesor presumably
rhe
winners
authority:
effective
wirh
out
govemment
may
come
In such casesno
and
states
cases,
of
number
large
a
very
in
But
groups
themselves.
are the interest
procebs
making
of
a
is
administration
of
politics
The
localitiesalso win influence.
peacewirh legislarorswho for the most part considerthemseivesthe guardiansof
lo.al int"..rrs. The political role of administratorstherefore contributes to the
powerof statesand localitiesin nationaIprograms.
Finally, the way the party sysremoperaresgivesAmerican politics their overail
disrincrivetone.The lack of party disciplineproducesan opennessin the systemthat
allows individuals,groups,and institutions (including stateand local governments)
ro arremprto influencenarionalpolicy at everystepof the legislative-administrative
process.This is the "multiple-crack"attributeof the American government."Crack"
hastwo meanings.It meansnot only many fissuresor accesspoints; it alsomeans,less
staticaily,opportunitiesfor wallopsor smacksat government.
lf the partieswere more disciplined,the result would not be a cessationof the
processby which individualsand groupsimpinge themselvesupon the central gov'
ernment. But the presentstate of the partiesclearly allows for a far greateropera'
rion of rhe multiple crack than would be possible under the conditions of
MortonGrodzins
77
centralizedparty control. American interestgroupsexploit literally uncountableaccesspoints in the legislative-administrativeprocess.if iegisiative lobbying' from
committeestagesto the conferencecommittee,doesnot ploduce results,a Cabinet
are petitioned. Bureauchiefsand their
secretaryis called.His imrnediareassociates
Carnpaignsare instituted by
pressure.
put
under
aides are hit. Field officers are
on behalf of the interested
influence
secondary
a
which friendsof the agencyapply
urged'
be
rnay
A conferencewith the President
party.
'
To rhese rnultiple points for bringing influence must be added the multiple
voicesof the influencers.Consider,for example,those in a srnalltown who wish to
have a federalacrion taken. The easymergingof public and private interestat the
local level meansthat the influenceattempt is madein the name of the whole community, rhus removing it frorn political partisanship.The Rotary Club aswell as the
ptrCity Council, the Chal-iberof Commerceand the mayor,eminent citizensand
expewiil
office
in
a
Senator's
litical bosses-all are readily enlisted.lf a conference
dite matters,so[reoneon the local scenecan be found to make such a conference
is needed,technicianswill supplyit'
possible
^Sr.," and effective.lf technical information
o, narional professionalorganizationsof local officials, individual Congresslocal
men and S".,atorr, and not infrequentiywhole statedelegationswill rnakethe
local
assume
often
causetheir own. Federalfield officers,who service localities,
and
exploited,
are
views.So may electedand appointedstate officers.Friendships
are
policics
national
political mortgagescalled due. Under these circumstances,
m o l d e db y l o c a la c li o n .
ln summary,then, the party systemfunctionsto devolvepower.The Arneri'
can parties,unlike any other, are highly lesponsivewhen directivesmove flom
and
from top to bottom. Congressmen
the bottom to the top, highly unresponsive
Senatorscan rarely ignore concerteddemandsfrom their home constituencies;
the same kind of respollsefrorn those below'
but no parry leader .o.r
"*p".,
for Congressionalsupportor a Congressrlan
asking
President
a
he
be
whethei
Any tightening of the party appalatus
leaders.
state
local
or
from
seekingaid
central government.The four characthe
strengthening
of
effect
the
wouldtave
becomelessimportant. if control
would
above,
discussed
system,
teristicsof the
of American decentralization
halhnarks
these
applied,
srrictly
from the top were
par'
and program-oriented
disciplined
if
specific,
To
be
might entirely disappear.
heavily
takes
that
legislation
likeiy
less
(1)
far
make
lt
wouid
ties were achieved,
power groups
inro accounrrhe desiresand prejudicesof the highly decentralized
(Z) It
governments'
local
and
state
the
including
and insritutionsof the country,
in'
from
collectively,
and
individually
legislators,
prevent
would to a lalge extent
administrative
national
in
interests
of
non-national
truding rh.-r"1,r., on behalf
searchfor his own politip.ogr"Lr. (3) lt would pur an end to the administrator's
local, and other non'nastate,
fostering
in
."lir,,ppo.,, a searchthat often results
individualsand groups,
which
process
by
the
tionaipowers.(4) It would darnpen
of multiple cracks to
advantage
take
including state and local political leaders,
to them and the
congenial
ways
in
sreernat]onal legislation and adrninistration
institutions they rePresent.
Alterations of this sort could only accompanybasicchangesin the organization
fundamentalchangesat the parties'
and sryleof polirics which, in turn, presuppose
78
Federalism
social base.The sharing of functions is, in fact, the sharingof power.To end this
sharing processwould mean the destructionof whatever measureof decentralization existsin the United Staresroday.
S t a t eP o l i t i casn dC o n s t i t u t i o nGaol v e r n m e n t
I n t h e f o l l o w i n gs e l e c t i o na c e l e b r a t e d
n a t i o n a cl o l u m n i sal n d p o l i t i c a ol b s e r v e rf i n d s t h a t
t h e g r o w i n gu s e o f i n i t i a t i v ep e t i t i o n si n s t a t ep o l i t i c st h r e a t e n st h e M a d i s o n i a ns y s t e mo f
b a l a n c e dg o v e r n m e n t .
l2
A Republic Subverted
DavidBroder
At the start of a new century and millennium a new form of governmentis spreading in the United States.It is alien to the spirit of the Constitution and its careful
systemof checksand balances.Though derivedfrom a reform favoredby Populists
and Progressives
as a cure for specialinterest influence,this method of lawmaking
has become the favored tool of millionaires and interes[ groups that use their
wealth to achievetheir own policy goals-missing a lucrative businessfor a new set
of political entrepreneurs.
Exploitingthe public'sdisdainfor politicsand distrusrof politicians,it is now
the most uncontrolled and unexaminedarena of power politics. It has given the
United States somerhing that seemsunthinkable, not a government of laws bur
lawswithout government.The initiative process,an imporr now just over one hundred yearsold, threatensro challengeor even subvertthe American sysremof government in the next few decades.
To be sure,changeis rhe order of the day in the United Sraresand elsewherein
the advancedcountries of the world. The computer and the Inrerner are revolutionizing the economy.The speedof communicationsand the reduction in barriers
to trade are making national boundarieslessand lessmeaningful.The end of the