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.

• ContentsAcknowledgments xiIntroduction 1Federal Higher Education Policy Areas 3Guiding Questions, Perspectives, and Methods 8Preview of the Remainder of the Book 12 1.  The Federal Structure and Higher Education Policy 15Federalism in the United States 15Federal Powers and Politics 20Constitutional Provisions and Policy Instruments 25Summary and Conclusion 31 2.  The History of the Federal Government's Role in Higher Education 33Higher Education's Early Expansion: 1780s–1920s 34The Post–World War I Era, Great Depression, and New Deal: 1920s–1940s 38Higher Education and the National Defense: 1940s–1950s 39The Civil Rights Movement and Steps Toward Equity: 1930s–1970s 42Consumerism and Accountability: 1970s–2020s 48Summary and Conclusion 51 3.  Congress's Roles in Higher Education 53Structure of Congress 54Congress's Legislative Power 59Congressional Oversight Powers 64Senate Confirmation Power 66The Congressional "Bully Pulpit" 67Congressional Power Case Study: The CARES Act 69Summary and Conclusion 69 4.  The President's Power and Influence Over Higher Education 71Overview of the Presidency and Executive Branch 72The President's Legislative Role in Higher Education Policymaking 73Executive Action 75Using the "Bully Pulpit" and Presidential Messaging 80Policymaking in the White House 81Presidential Power Case Study: International Students and Scholars 88Summary and Conclusion 89 5.  Federal Administrative Agencies and Higher Education 91Overview of Federal Administrative Agencies 92Policy Powers of Federal Agencies 94Federal Agencies Influencing Higher Education 101Agency Power Case Study: Borrower Defense to Repayment 110Summary and Conclusion 111 6.  Higher Education and the Federal Courts 113Overview of the Federal Court System 114Federal Courts' Jurisdiction and Powers 117Key Higher Education Policy Areas Affected by the Federal Judiciary 119Judicial Power Case Study: Bankruptcy Courts 125Summary and Conclusion 126 7.  Nonfederal Actors' Influence on Federal Higher Education Policy 127Interest Groups 128State and Local Governments 134Accreditors 138News Media 140Other Nonfederal Actors 141Summary and Conclusion 144 8.  Reexamining the Federal Role in Higher Education 147Returning to the Guiding Questions 148Revisiting Perspectives on the Size of Government 159Summary and Conclusion 161 Methodological Appendix 163Interview Data 163Documentary Data 165 Notes 167References 171Index 221About the Author 245

“An accurate, concise survey of the federal role in US higher education.”—CHOICE