Federalism Flashcards
(37 cards)
What are the 4 main characteristics of US federalism?
- The nature of the federal system of government and its relationship with the states.
- Concurrent powers
- National powers (power shared with Congress and president)
- State powers
What is federalism?
Federalism means a theory of government where political power is divided between national and state government, there is jurisdiction for each and some decentralisation is involved.
What power is federalism?
- Enumerated powers.
- The term ‘federalism’ is an implied power, but it is indirectly mentioned in Article IV and directly mentioned in the 10th Amendment.
- Also, it is a concurrent power found in the powers of the federal and state governments.
Examples of concurrent powers in terms of federalism
- Levy and collect taxes (Article IV, Section 1: Full Faith and Credit Clause)
- Borrow money
- Establish courts (federal courts and state courts), e.g. Sen. DeSantis’ Transgender bill is blocked by the Florida state court
- Define crimes and set punishments, e.g. marijuana, alcohol, abortion
- Claim private property for public use
Examples of National powers (power shared with Congress and president) in terms of federalism
- Coin money
- Regulate interstate and foreign trade
- Declare war
- Raise and maintain armed forces
- Govern US territories and admit new states, e.g. West Virginia
- Conduct foreign relations
Examples of state powers in terms of federalism
- Regulate intrastate trade and business
- Establish public schools
Pass licence requirements for professionals - Regulate alcoholic beverages
- Conduct elections (refer to Shelby County v. Holder (2013))
- Establish local governments
Evaluate the view that the US is no longer a federal nation.
Agree:
- States are clear policy areas
- Whilst there has been growth in the Federal Government, states still maintain significant control over Education, driving and law enforcement in their states, e.g. abortion rights
- States are policy labs
- Policy differs from state to state with some states legalising cannabis use for recreational purposes which showcases the flexible nature of Federalism in nation, e.g. California
- Strong state government and legal systems
- US state courts are also strong and pose a challenge to the federal government, e.g. challenges to the Trump Travel Ban, Dobbs v. Jackson
Arguments that the US is less federal:
- Some powers are reserved for states
- Role of states in the ratification of amendments maintains their significance
- Federal Mandates and National Standards
Example of 10th amendment allowing different laws across US states
- Marijuana - California legalised. Texas - prohibited - only medical usage
- Abortions - California, NY - protected. Texas, Alabama - restricted
- Elections - voter id lenient in California but strict in Georgia
Example of some powers reserved for states
The power to conduct their own elections, protected by supreme court rulings such as Shelby County v. Holder
Example of the role of states in the ratification of amendments maintains their significance
¾ of states are needed to ratify an amendment
Federalism allows better representation of people, allowing those who voted for the party other than the Presidents’ to feel represented
Such as Florida, New Mexico, Illinois, Iowa and Wisconsin that have Republican Governors but voted
Arguments that the US is still federal:
- The interstate commerce clause gives the federal government the authority to regulate commerce across states
- Federal mandates can be used to impose national standards against states
- . Supreme Court rulings undermine federalism - Obergefell v Hodges, Colorado and Maine trying to remove Trump from the presidential ballot 2024 overruled, Bush v Gore
Example of the interstate commerce clause giving the federal government the authority to regulate commerce across states
The ACA’s individual mandate used the commerce clause to force each person to sign up to a minimum amount of health insurance coverage or face a penalty.
- Argued people who don’t buy health insurance still affect the healthcare market, and regulating that behavior was within federal power.
Example of Federal mandates can be used to impose national standards against states
No Child Left Behind Act used federal power (a mandate) to force every state and school to follow the same education standards, by using testing and accountability. Standardised tests and if too many students failed = consequence
- Replaced by Every Student Succeeds Act (ESSA), which gave states more control again.
What are grant conditions?
Rules set by the federal government that states must follow in order to receive federal funding (grants).
- If a state refuses to follow those rules, it might lose out on federal money.
What is an example of grant conditions?
The minimum drinking age.
- In 1984, Congress passed a law saying that states had to raise the minimum legal drinking age to 21.
- If a state did not comply, they would lose federal highway funds.
How do grant conditions limit state power?
States technically had the power to set their own drinking age, but the federal government used federal money as leverage to make them follow federal standards.
States were forced to comply with federal rules, or they would lose out on important funding.
What’s another example of grant conditions limiting state power?
No Child Left Behind (NCLB)
Under the No Child Left Behind Act (2001), states had to test students in reading and math every year in certain grades.
If states didn’t comply with the testing requirements, they could lose federal education funds.
Example of Congress tends to lead the country in times of economic crisis
Bicameral Budget Act 2013, CARES Act 2020, Dodd-Frank Act 2008 after the financial crisis
Supreme Court rulings which undermine federalism
- Obergefell v Hodges
- Gonzalez v Raich
- NFIB v. Sebelius (2012)
Supreme Court rulings which uphold federalism
US v Lopez
How did NFIB v Sebelieus (2012) undermine federalism?
The Supreme Court said the Commerce Clause didn’t give the federal government the authority to force people to buy insurance because it wasn’t “commerce” (since you aren’t actively engaging in commerce by choosing not to buy).
However, the Court upheld the individual mandate under the taxing power of Congress (not under the Commerce Clause).
How does Obergefell v Hodges undermine federalism?
Some states (like Ohio) banned same-sex marriage.
Supreme Court said: ALL states must allow same-sex marriage under the 14th Amendment (equal protection).
- The federal court overruled state laws.
- States lost the power to decide marriage laws in this case.
