1.4 - Interpretations and Debates Around the US Constitution and Federalism Flashcards
What is federal encroachment?
The increase in the power of the federal gov at the expense of state govs
Arguments that the states retain autonomy and sovereignty - Death penalty
The death penalty is legal in 29 states and has been abolished in 21 states - there are also 5 different methods of execution that are used in the US with not all states using them all
Arguments that the states retain autonomy and sovereignty - Taxes
In addition to federal taxation, taxation can also be set at state level - huge differentiation in types of tax and seven states have 0% taxation while CF has 13% taxation
Arguments that the states retain autonomy and sovereignty - Legal status of marijuana
11 states have legalised recreational cannabis use while 33 have legalised it for medicine - marijuana was illegal at federal level and the supremacy clause gave the federal gov power over states - however federal gov has continued to ignore recreational cannabis users essentially allowing the states to decide for themselves - also in October 2022 Biden announced thousands of pardons to criminals convicted of possession or use of marijuana – this is step one of a three step plan that may eventually culminate in the reviewing and possible abolishing of the federal government’s stance on marijuana
Arguments that the states retain autonomy and sovereignty - Illegal immigration
Some states have sanctuary cities in which local law enforcement agencies are prohibited by state law from helping federal immigration officials to identify illegal immigrants unless they have committed a serious crime - in 2017 issued an executive order which would have taken away grants that the sanctuary cities were receiving - a big threat - however in March 2018 the DoJ sued California over its sanctuary city laws but the ruling went the way of California, boosting the states’ autonomy
Arguments that the states retain autonomy and sovereignty - States have autonomy in the handling of national crises
During Covid each state governor decided how their state would react to the pandemic - EG 32 governors issued their own state of emergency before the national state of emergency was declared in March 2020 - Republican Ohio governor Mike DeWine was the first to call for state wide closure of schools while Democrat California governor Gavin Newsom was the first to issue a state-wide closure of businesses - it was also the states who had autonomy over when they took their state out of lockdown (according to the Brookings Institute)
Arguments that the states retain autonomy and sovereignty - SC rulings
Two under Obama - United States v Texas 2016 - SC struck down Obama’s use of an executive order to implement his immigration reform program - ruled it to be unconstitutional due to the cost to the state - ALSO - Federation of Independent Business v Sebelius 2012 - SC struck down medicaid provision in Obama’s health reform that would have seen the states have the biggest federal grant taken away if they did not expend their state healthcare system
Arguments that federal gov is challenging state autonomy - Taxation and federal financing
State citizens have to pay federal income tax and the states rely on support from the federal gov when their finances run low in response to unexpected issues such as natural disasters or stock market crashes - EG after Hurricane Katrina the federal gov gave $120 billion worth of aid - after the 2008 stock market crash the American Recovery and Reinvestment Act of 2009 provided $787 billion of economic stimulus
Arguments that the states retain autonomy and sovereignty - Healthcare
Healthcare provision is heavily dependent on federal funding - although National Federation of Independent Businesses v Sibelius was ruled over so that the states don’t have to expand Medicaid, all but 14 states have now expanded the programme and Medicaid enrolment has gone up 34% between 2013 and 2019
Arguments that the states retain autonomy and sovereignty - Education
The No Child Left Behind Act 2002 made sweeping changes to federal education policy demanding that the states test children annually - in a classic example of the cooperative federalism model - Obama continued this investing $4 billion in the Race to the Top programme to boost education in the states
Arguments that the states retain autonomy and sovereignty - Homeland security and national defence
Between 2001 and 2009 spending by the DoD increased by 125% in response to the 9/11 attacks - the US Patriot Act 2001 gave the federal gov the right to detain people and hold information on them - also a new cabinet department of Homeland Security was created to coordinate federal response and strategies rather than the states formulating their own strategies to combat terror - this continued under Obama and Trump
Arguments that the states retain autonomy and sovereignty - Illegal immigration
Trump’s policy of building a Mexican wall was also a federal one and saw 16 states file suits against the federal gov - in May the district courts blocked the funding of the wall on the grounds that the executive had overstepped its authority - however an SC ruling issued a stay to this judgement allowing construction on the wall to continue
Arguments that the states retain autonomy and sovereignty - SC rulings
Although National Federation of Independent Businesses v Sibelius struck down the Medican provision, it nonetheless upheld the Affordable Care Act which gave the federal gov significant control over healthcare
