Devolution/Federalism Flashcards

1
Q

what is federalism?

A

where power is divided between the federal government and the state governments

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2
Q

how is federalism effective in the states themselves?

A

each state has a functioning government with 3 branches
states have the power to ratify amendments
protections, rights and taxes different in many states

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3
Q

how is federalism not effective?

A

the powers given to the federal government vs states is vague
most states don’t have year round government
congress can issue mandates that the state governments have to follow

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4
Q

how many states were there originally?

A

13 original states

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5
Q

what amendment is to do with federalism? what is it?

A

10th amendment, the powers not delegated to the US by the constitution, nor to the states are reserved to the states of the people.

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6
Q

what is dual federalism?

A

a period between the founding fathers of the USA as a republic until the 1920s-30s
states had strong rights and so the president and federal government was less powerful

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7
Q

what was cooperative federalism?

A

1930s,60s when the federal government’s powers over the states increased
new executive departments created over specific - defence and transportation

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8
Q

what is new federalism?

A

1970s,90s movement of power back to the states from the central government
republican presidents have been responsible for this

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9
Q

what powers are exclusive to the federal government?

A

power to print money and declare war
choose how much power it has over the states
taxes

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10
Q

how has federalism been weakened since the 1930s?

A

world has become more global and complex, people’s expectations of what governments should deliver to their citizens has grown. military, economic and medical crises, the federal government is doing more, especially spending

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11
Q

what powers do the states have?

A

reserved rights to issue licenses for marriages,
death penalty, police, taxes

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12
Q

why are governors and state limited in the action in a crisis, but still the forefront of the response?

A

states and governor at the forefront, Hurricane Katrina and Sandy, and covid
but states are limited as they require a national movement in form of financial help and the involvement of federal agencies.

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13
Q

why was the a lack of centralised coordination in covid?

A

president and governors blaming each other for shortage of vital equipment, also revealed the differing approaches between states, some states were quick to lockdown, while some were slower or some did not issue a full lockdown

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14
Q

what are the problems with the suitability of the US constitution?

A

rigidity, uneven approach to protecting rights and liberties and criticised for enhancing the role of unelected judges
or are the flaws with the politics itself, deep polarisation and hyperpartisanship.

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15
Q

what clauses in the constitution are problematic?

A

smaller states are overrepresented in the electoral college
declare war shared between the executive and legislature, but not declared since 1944
advice and consent powers can prevent unsuitable or inexperienced candidates from being appointed.
but controversial appointment such as Clarence Thomas and Brett Kavanaugh

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16
Q

how does the US constitution protect rights?

A

key rights are explicitly protected in the BoR, they are entrenched and inalienable, difficult to overturn
SC judgement have often discovered new rights in the elastic clauses
constitution does not prevent other rights from being protected such as Equal Pay act 1963
many rights have been updated by judicial review

17
Q

how does the US constitution not protect rights?

A

rights and groups are not explicitly protected by the constitution, free and fair elections, right of children, education, health care
SC interpretations are in inevitably subjective, altering over time, this could create contradictions

18
Q

what is devolution?

A

the division of power among regions of the UK whilst legal power remains in parliament, Westminster

19
Q

what is EVEL

A

address the issue of MPs representing Scotland were able to vote for issues that only affected England and Wales

20
Q

what other roles have been formed from devolution?

positions formed such as the London … in 1998

A

city mayors, councils, boroughs

21
Q

what was the referendum that started devolution/when? (for all)

A

Scotland Act 1998 - Scottish devolution referendum
Wales Act 1998
Good Friday Agreement 1998

22
Q

what did Scotland do when given powers in 1998?

A

devolved primary powers, Established a Scottish parliament
powers over education, policing, criminal and civil law, public transport, vary income tax 5p to the pound

23
Q

what did the Scotland Act of 2016 do?

A

complete control over income tax, VAT, regulation of energy industry, welfare services, abortion, speed limits, air passenger duty.

24
Q

what was the Wales Act of 1998?

A

secondary powers, established a national welsh assembly and a separate executive
no financial powers
power to run public services, health, education, authority services

25
Q

what was the Wales Act of 2006?

A

asked if the people wanted more devolved power

26
Q

what was the Wales Act of 2014?

A

primary devolved powers, powers over stamp duty, taxes

27
Q

what was the 2020 Welsh Act

A

allowed for the name of the Welsh Assembly to be changed to Cymru Plaid

28
Q

what was the Good Friday Agreement 1998?

A

restored devolved powers to Northern Ireland, establishing an assembly using PR
major parties in NI guaranteed ministerial positions because the executive in NI was based on power sharing
powers - healthcare, education

29
Q

what happened to the NI Assembly in 2002-07 and 2017-20? why? what did Westminster do?

A

the reason why NI has less devolved powers is because the assembly was originally dissolved due to tensions in 2002.
then in 2017 it was suspended and Westminster took control, able to legalise abortion

30
Q

what is the debate to extend devolution to England?

A

further devolution - improve accountability, communities closer together, prevent differences in standard of living, may increase political participation
Against devolution - increase division in English society, difference cultures, too many elections causing voter apathy, not a demand for devolution

31
Q

what are the signs that devolution has worked?

A

allowed regional political differences to be recognised.
strengthened the union between the region by creating a best of both worlds.
popular with voters
variety of electoral systems
innovation in policy making

32
Q

what are the signs that devolution has not worked?

A

led to inequalities across the UK.
encouraged demands for greater separation and independence - scotland
SNP called for second independence referendum
policies implemented such as 5p charge, no smoking in public places would have happened anyhow

33
Q

what are the arguments for an English parliament?

A

When end the asymmetry in the UK.
Permanent answer to the West Lothian Question.
Reduce the centralisation of power in Westminster
parliament not in London, reduce the dominance of London over English politics.
devolution has worked well for other regions.
growing support for devolution in the UK

34
Q

what is the West Lothian Question?

A

following devolution, MPs from devolved regions still have the right to vote on matters that relate only to England, MPs from English constituencies cannot vote on issues devolved to the region.

35
Q

what are the arguments against devolution in England?

A

English parliament would dominate, economically and population.
Generate the bulk of the national GPD.
England lacks the cohesive and strong cultural identity found in counties.
Would be arguments of the location.
extra costs involved in the creation of another government.
Could potentially weaken not strengthen the Union.
Lack of public enthusiasm.