Fiscal Federalism is the power of the national government to influence state policies through grants. In 1984, when the National Minimum Drinking Age Act was passed, it essentially created a national drinking age of 21. States could still make it legal for those under 21 to drink alcohol, but it would forfeit federal highway funding.
In America at Odds By Edward Sidlow, Beth Henschen, the author's outline the "Bridging of the Tenth Amendment" by fiscal federalism. The education reform (ie: testing requirements) in the No Child Left Behind Act rely on fiscal federalism. States receive block grants and in return must meet federally imposed standards relating to testing and accountability. Many state officials express concern that the fiscal federalism used to put NCLB into practice is the beginning of a fundamental shift toward the national government's assumption of control over public schools. This might also be known as marble cake federalism.
Why bring this up now? Well, there may be a growing movement to challenge the National Drinking Age Law. The presidents of 135 colleges across the country have signed a public statement calling on elected officials to "support an informed and dispassionate public debate over the effects of the 21 year-old drinking age." The statement, as detailed on The Amethyst Initiative website, reflects their belief that it is time to rethink the drinking age, that 21 as a LDA is not working, and that an unintended consequence of the 21 LDA is dangerous binge drinking.
It may be layered in a constitutional question. There are those who believe that fiscal federalism and its marbe cake mandates, are basically against the 10th Amendment that gives the power to make all non-constituional policy to the states. They argue that federal highway funding should be allocated in a layer cake format ie: highway funding and drinking age laws should not be mixed.
There are many special interest groups (ie: MADD) that will influence state legislatures and the Congress on this issue. The Tribune reports that more than two decades after the U.S. set the national drinking age at 21, a movement is gaining traction to revisit the issue and consider allowing Americans as young as 18 to legally consume alcohol.
Serious discussions already are under way in several states.