Federalism Is Dead

Question 1

Weaker, constitution allows us to be federal

Answer 1

• 10th amendment reserved powers for the people and the states,
• concurrent powers which are shared with fed gov, power of tax
• California tax 7.25% and Florida 6%
• cannot be ignored - 3/4 in amendment process
• 13 states brought actions seeking a declaration that the ACA was unconstitutional, allowing states to have a say

Question 2

States cannot stop laws from being passed, exec has powers over states

Answer 2

• elastic clause A1 S8 allows exec to stretch and bend, make laws that they deem necessary and proper
• mcculloch v Maryland, fed gov had implied powers to set up a federal bank, states do not have power to tax fed gov
• fed gov sweeping powers esp in times of econ crisis

Question 3

State can limit federal mandates and exec orders

Answer 3

• states can ignore exec orders or initiate litigation to strike them down
• gov of Texas informed Obama by letter that he had directed his state to have no participation in the resettlement of any Syrian refugees
• obamas every student succeeds act was seen as the largest devolution of of federal control, allowing states flexibility to determine a schools success or failure

Question 4

Exec orders and mandates still have a more prominent impact

Answer 4

-Obama DACA DAPA 2012 exec order, protection status for over 1 million people borough by their parents to US when they were children, granting them temporary legal status to allow them to work in US
- this overrode state law
- 2017 trump leaving Paris climate change agreement when though most states disagreed, many states still follow rules but are legally outside of agreement

Question 5

Federalism continues through SC support

Answer 5

• Shelby v holder struck down key parts of the voting rights act 1965, states which a history racial intimidation had to ask congress for permission to change electoral laws
• led to Texas introducing voter ID laws, lead to voter suppression against ethnic minorities
• con justices voted to overturn roe v wade after trumps recent sc appointment
• states power to choose to limit right to an abortion (dobbs)

Question 6

SC have voted and ruled against federalism

Answer 6

• Sibelius 2012 upheld congress power to enact provisions on ACA and introduce new laws even tho many states were against it
• Gonzalez v raich used commerce clause to criminalise the production and use of homegrown cannabis
  -this overruled states laws on the matter
• court struck down strict abortion laws in Texas which required abortion clinics to meet unethical health standards, attempt to limit Roe pre overturn
  -(obergefel v hodges) legalised gay marriage accross US even though south states were against it