1.3 The main characteristics of federalism Flashcards
2 essential features of federalism
-The power of the states is protected by the constitution
-Regional powers are equal (all states have the same amount of decision making power)
State powers (3)
-election practices
-local law enforcement and criminal codes
-Regulate the lives of their citizens
What are concurrent powers
Number of powers that the states and fed. gov. hold concurrently, which they must exercise together
-e.g the right to levy taxes and to borrow money and making and enforcing laws
Factors effecting federal and state relationship (4)
-‘Necessary and proper’ clause has allowed the fed. gov. to grow
-The ‘commerce clause’ allows gov. to regulate interstate trade
-The fed. gov. alone has the funds to deal with national issues
-if state and federal conflict, the SC is the final referee
Example of ‘Necessary and proper’ clause
Government today has 15 departments.
-the latest being Homeland Security added in 2002
Example of the ‘commerce clause’ in use
Obamacare was possible because of this clause
Example of state and federal conflict
Supreme Court ruling of Texas v US (2016)
-ruled Obama’s executive order (DAPA) unconstitutional
Example of fed. gov. funds used for national issues
Over $114 billion was spent on hurricane katrina
How many states still have the death penalty
27
Example of states creating laws independently
The Obama administration attempted to ensure that North Carolina respected transgender rights by threatening to withhold some of the federal education funding it provides to the state.
Is the US federal today-
AGREE (4)
-each state is able to decide its laws (21 states have legalised weed)
-SC has ruled in favour of the states
-Political parties remain ‘broad chuches’
-Electoral practices vary and are still developing
Is the US federal today-
DISAGREE
-growth of federal power encroach on state rights
-Electoral College and HoR place great importance on a few states
-Only the federal government has the resources to deal with nationwide disasters
-SC has ruled in favour of fed. gov
eg. upholding Obamacare in the NFIB v Sebelius case