Reexamining the Federal Role in Higher Education

Rebecca S. Natow is an assistant professor of educational leadership and policy in the Department of Specialized Programs in Education at Hofstra University.

Contents


Acknowledgments xi


Introduction 1

Federal Higher Education Policy Areas 3

Guiding Questions, Perspectives, and Methods 8

Preview of the Remainder of the Book 12


1.  The Federal Structure and Higher Education Policy 15

Federalism in the United States 15

Federal Powers and Politics 20

Constitutional Provisions and Policy Instruments 25

Summary and Conclusion 31


2.  The History of the Federal Government’s Role in Higher Education 33

Higher Education’s Early Expansion: 1780s–1920s 34

The Post–World War I Era, Great Depression, and New Deal: 1920s–1940s 38

Higher Education and the National Defense: 1940s–1950s 39

The Civil Rights Movement and Steps Toward Equity: 1930s–1970s 42

Consumerism and Accountability: 1970s–2020s 48

Summary and Conclusion 51


3.  Congress’s Roles in Higher Education 53

Structure of Congress 54

Congress’s Legislative Power 59

Congressional Oversight Powers 64

Senate Confirmation Power 66

The Congressional “Bully Pulpit” 67

Congressional Power Case Study: The CARES Act 69

Summary and Conclusion 69


4.  The President’s Power and Influence Over Higher Education 71

Overview of the Presidency and Executive Branch 72

The President’s Legislative Role in Higher Education Policymaking 73

Executive Action 75

Using the “Bully Pulpit” and Presidential Messaging 80

Policymaking in the White House 81

Presidential Power Case Study: International Students and Scholars 88

Summary and Conclusion 89


5.  Federal Administrative Agencies and Higher Education 91

Overview of Federal Administrative Agencies 92

Policy Powers of Federal Agencies 94

Federal Agencies Influencing Higher Education 101

Agency Power Case Study: Borrower Defense to Repayment 110

Summary and Conclusion 111


6.  Higher Education and the Federal Courts 113

Overview of the Federal Court System 114

Federal Courts’ Jurisdiction and Powers 117

Key Higher Education Policy Areas Affected by the Federal Judiciary 119

Judicial Power Case Study: Bankruptcy Courts 125

Summary and Conclusion 126


7.  Nonfederal Actors’ Influence on Federal Higher Education Policy 127

Interest Groups 128

State and Local Governments 134

Accreditors 138

News Media 140

Other Nonfederal Actors 141

Summary and Conclusion 144


8.  Reexamining the Federal Role in Higher Education 147

Returning to the Guiding Questions 148

Revisiting Perspectives on the Size of Government 159

Summary and Conclusion 161


Methodological Appendix 163

Interview Data 163

Documentary Data 165


Notes 167


References 171


Index 221


About the Author 245