jan mocks Flashcards
(13 cards)
federalism meaning
system of gov where responsibilities and power divided between central and state govs.
key features of us federalism 4
delegated/enumerated powers - enumerated to fed gov in constitutions eg declaring war, coining money, regulating interstate commerce
reserved powers - reserved to states 10th ammendment eg local law enforcement, how elections are run, death penalty
concurrent powers - powers shared by both eg taxes, establishing courts, ammending constitution
supremacy clause - federal laws are supreme laws of the land
dual federalism
1789 - 1930s
layered cake - distinct areas of power that the fed gov and state govs have
mcculloch v maryland 1819 - fed gov can establish national banks and states cant tax fed gov institutions. significance - established implied powers of gov and reinforced supremacy clause
coop federalism
1930s - 1960s
marble cake federalism - lines more blurred overlapping responsibilities driven by New Deal
wickard v fulburn 1942 - broadened congress power under commerce clause to regulate local economic activity
devolution in uk doesnt create shared responsibilities, still subordinate to westminster
new federalism
1970s - now
decentralisation - more power back to states. nixon and raegan
us v lopez - found gun free school zones act (by fed gov) unconstitutional which gave more power to states
post 2016 brexit debates on devolved powers (scottish independence) show similar tensions
federalism in healthcare
affordable heathcare act 2010 obamacare - controversial federal expansion into healthcare
nfib v sebelius 2012 - upheld ACA but limited federal power to coerce states into expanding medicaid
NHS centralised under westminster scotland wales have devolved control but not full fiscal responsibility
federalism in civil rights
brown v board of education 1954 - federal intervention to desegregate schools
HRA 1998 ensures uniform rights unlike patchy implementation in US
federalism in education
some parts of education curriculum mandated by federal gov
san antonio independent school district v rodriguez 1973 - school funding up to the states
education devolved to SWNI but more uniform than in USA
federalism in abortion
roe v wade 1973 - established federal protection for abortion rights
dobbs v jackson womens health organisation 2022 - overturned roe v wade, abortion rights now up to the states
abortion law more uniform in uk, differences only in NI
advantages of federalism
prevents tyranny power is divided
encourages innovation - states are lab of democracy
more freedom of politics - different states have different ideologies and is now more of a mixing pot
accomodates diversity - policies tailored to local needs (education gun laws abortion marijuana etc)
disadvantages of federalism
inequality - healthcare education rights etc
complex - overlapping authorities eg marijuana and cole meme, sanctuary cities
gridlock - fed-state conflicts slow down policy making eg covid 19 pandemic responses varied widely across states
federalism in constitution
10th amendment
14th amendment - strengthened federal power to proect individual rights
commerce clause - used to expand federal power
necessary and proper clause - congress gets flexibility to enact laws
UK uncodified constitution means that devolution can be repealed or amended by parliament
us v uk federalism
sovereignty shared in us, parliamentary sovereignty
federalism has constitutional basis in us, devolution only in 1998
rughts and laws vary greatly in us states, powers more uniformly devolved in uk
examples - marijuana laws abortion laws gun laws taxes, scottish income tax welsh NHS policies
