12.4b Federalism Flashcards
The US Remains Federal: Social policy
States still have high levels of control over social policy – for example, despite concerted efforts, there is still no standardised curriculum or assessment criteria for education.
The US Remains Federal: Laws in states
States can act as labs of democracy and policy, by testing out new policies, democratic processes and regulations, which can then be expanded to the rest of the nation.
For example, abortion restrictions in some states have been upheld as constitutional, and so similar laws have been put in place in other states.
States can have a high degree of control over their lawmaking and the actions of their citizens.
For example, weed is now legal for recreational use in 9 states and Washington, DC.
The US Remains Federal: Supreme Court
Supreme court has supported states’ rights
The US Remains Federal: Voting
Citizens get a degree of control over the policies of their states, which can tailor the policies of each state to the desires of its citizens.
At elections, ballot measures are put up for citizens to vote on, such as raising the minimum wage, and (before 2015) the legalisation of gay marriage.
The US Remains Federal: State governments
All states have their own governments and constitutions which continue to operate independently from the federal government.
The US Remains Federal: Constitution
The Constitution still guarantees federal processes will take place in America, and means that the states have rights - because of the 10th amendment.
The US Does not Remain Federal: Supreme Court
More cases have been submitted to the Supreme Court rather than state supreme courts and federal courts.
The US Does not Remain Federal: Constitution 2
The Commerce Clause of the Constitution gives Congress the enumerated power “to regulate commerce with foreign nations, and among the several States, and with the Indian Tribes”
The Commerce Clause is used to make certain drugs illegal at the federal level.
Congress used the Commerce Clause to argue that it was legal to mandate that all citizens purchase health insurance.
The US Does not Remain Federal: Federal grants
The federal government can issue categorical grants which must go to a specific purpose, restricting the ability of the states to make policy.
The US Does not Remain Federal: Federal departments
The US federal government has increased the departments and posts in the Cabinet that there are - so the federal government has more power over different aspects of life that would previously have been left to the states.
For example, the Department of Homeland Security was created in 2002, and the Department for Education was created in 1979.
The US Does not Remain Federal: Constitution 1
The Constitution allows Congress to enact all “necessary and proper” laws, which gives it powers beyond the scope of the Constitution.
This can limit the ability of states to make their own laws.
