1.3 main characteristics of US federalism Flashcards
George W. Bush 2001-2009
development of state power
Gonzales v. Oregon (2006) allowed state sponsored euthanasia
George W. Bush (2001-2009)
development of federal power
- usa patriot act 2001
- expanded the rights of federal government to detain people and collect information about them
- homeland security - addition of an entirely new cabinet department
- no child left behind act 2002: allowed uniform school testing
Barack Obama (2009-2017)
development of state power
- affordable care act 2010
- power over the provision of medical insurance run by the states htemselves
- Eg. texas v. United States 2016 where supreme court struck down Obamas DAPA (deferred action for parents of Americans) executive order due to the cost to the states
- the cole memo: the justice department said it would not enforce federal restrictions in marijuana where states had legalised it except in certain dangerous circumstances
Barack Obama (2009-2017)
development of federal power
- affordable care act 2010: required states to expand medical insurance and gave more individual rights
- eg. arizona v. United States 2012: overturned Arizona’s SB 1070 law, which increased state law enforcement power to enforce immigration laws
- obergefell v. hodges 2015: supreme court legalised same sex marriage nationally.
Donald Trump (2017-2021)
development of state power
- carpenter v. Unites States 2018: supreme court ruled federal gov must obtain a warrant for a citizens cell phone location records
- executive order minimising the economic ‘burden’ of Affordable Care Act 2010 aimed at reversing obama care and giving states more control.
Donald Trump (2017-2021)
Development of federal power
- the cole memo: attorney general sessions recisinded the cole memo: saying law enforcement would enforce national marijuana prohibitions
- executive order stripping federal grants from ‘sanctuary cities’
Joe Biden 2021-2025
development of state power
- abortion and heartbeat bills: a large number of states tried to put in place greater restrictions on abortion
- covid 19. rules: each state had its own response to the pandemic, including various vaccine rules, mask rules, and lockdown rules
Joe Biden 2021-2025
development of federal power
- eg. Build Back Better: 3 part plan including vast spending on covid 19 recovery, infrastructure and social security
- national covid 19 response: including attempting to pass the eviction moratorium and vaccine mandate.
ways in which states retain their sovereignty
ways in which states retain their sovereignty
4 points
- citizens rights
- criminal punishment
- electoral regulation
- taxes
ways in which states retain their sovereignty
- citizens rights
- vary widely between the states
- eg. Alaska allows learner drivers permit at 14, this is 16 in massacheusetts
ways in which states retain their sovereignty
- criminal punishment
- 27 states allow the death penalty
- eg. in Virginia, Iowa, Kentucky a convicted felon doesnt necessarily regain their right to vote upon release from prison
ways in which states retain their sovereignty
- electoral regulation
- states run their own elections
- eg. as of 2018 to vote in elections, there are many different methods (paper ballot, mail in ballot, electronic voting)
- states can also change the boundaries for districts in their states, leading to ‘gerrymandering’
ways in which states retain their sovereignty
taxes
- citizens are taxed both federally and by state.
- eg. 7 states have no income tax, 11 have a flat rate incvome tax and the rest have a graduate system
ways in which state sovereignty is challenged
ways in which state sovereignty is challenged
4 points
- citizens rights
- criminal punishment
- electoral regulation
- taxes
ways in which state sovereignty is challenged
citizens rights
- drinking age is nationally 21.
- supreme court Obergefell v. Hodges 2015 effectively legalised same sex marriage nationally.
ways in which state sovereignty is challenged
criminal punishment
- the supreme court has numerous restrictions on the use of the death penalty
- eg. Kennedy. v. Louisiana 2008, panetti v. quarterman 2007, and roper v. simmons 2005 all limit the use of the death penalty
ways in which state sovereignty is challenged
electoral regulation
- numerous federal laws and amdnments have externded voting rights nationally.
- campaign finance is also set nationally.
- eg. 2021, biden pushed congress to pass the John Lewis Voting RIghts Act to protect the right to vote nationally.
ways in which state sovereignty is challenged
taxes
- states are reliant on grants from the government when their finances run low
is the USA federal today?
yes
4 points
- conservative supreme court seems willing to return decisions like abortion to the states
- states have increasingly made their own electoral regulations since covid
- hyperpartisanship in the government results in gridlock, so states have had to taek on their own governence.
- in instances like the legalisation of marijuana, state law has directly contravened federal law and yet remains relatively unchallenged.
is the USA federal today?
no
1.supreme court appears to be growing in power, meaning the government has more influence.
2. there have been notably landmark legislation pieces that have been held up by the supreme court and impacted the states, such as the affordable care act
3. rights are uniformly protected at federal level. Eg. respect for Marriage Act 2022, which supersedes state law
4. certain national issues demand a national response, eg. covid, russia-ukraine, inflation
