17.4 - The Main Characteristics of US Federalism

Question 1

Why did the Constitution divide sovereignty between the states and the federal government?

Answer 1

The newly freed states had just recently fought for their freedoms and didn’t want to lose their sovereignty to a federal government.

Question 2

How are state powers protected?

Answer 2

The 10th Amendment of the Constitution.

Question 3

How has federalism changed since the creation of the US constitution?

Answer 3

• Dual Federalism (1790s -1930s)
• Cooperative Federalism (1930s - 1960s)
• New Federalism (1970s - 2000s)

Question 4

What is dual federalism?

Answer 4

The states and federal government were coequals and had distinct areas of policy where each branch had the most power.

States undertook most governing, supported by numerous Supreme Court rulings.

Question 5

What is cooperative federalism?

Answer 5

The federal government as supreme over the states and there was greater cooperation over policies that had traditionally been directed and administered by states alone.

The power of the federal government grew drastically following: the Wall Street Crash of 1929 and the ensuing economic depression; WW1; WW2.

Question 6

What is new federalism?

Answer 6

Following Nixon’s call for a ‘new federalism’, following Republican presidents and President Clinton looked to roll back the power of the federal governmnet and return power to the states.

Question 7

How did George Bush develop state power during his presidency?

Answer 7

• Gonzales v Oregon (2006) - effectively allowed state sponsored euthanasia, in defiance of US Attorney General Alberto Gonzales.
• Medicaid waiver given to Massachusetts to allow Governor Romney to introduce a universal health insurance program.

Question 8

How did George Bush develop federal power during his presidency?

Answer 8

• USA Patriot Act 2001 - expanding the rights of the federal gov. to detain people and collect information about them.
• Medicare Prescription Drug Modernization Act 2003 - expansion of medicare costing $400 billion.
• Homeland Security - creation of an entirely new cabinet department.
• NCLB Act 2002 - allowed uniform school testing.

Question 9

How did Obama develop state power during his presidency?

Answer 9

• Patient Protection and Affordable Care Act (PPACA aka Obamacare) 2010 - at the state’s urging, Obamacare included power over the provision of medical insurance run by the states themselves.
• Texas v United States (2016) - the Supreme Court struck down Obama’s DAPA exec. order due to the cost to states.
• The Cole Memo - the Justice Department said it would not enforce federal restrictions on marijuana where states had legalised it.

Question 10

How did Obama develop federal power during his presidency?

Answer 10

• PPACA (Obamacare) 2010 - expanded healthcare insurance and gave more individual rights.
• Arizona v United States (2012) - overturned Arizona’s SB1070 law which increased state law enforcement power to enforce immigration laws.
• Obergefell v Hodges (2015) - the Supreme Court effectively legalised gay marriage nationally.

Question 11

How did Trump develop state power during his presidency?

Answer 11

• Carpenter v United States (2018) - the Supreme Court found that the federal government must obtain a warrant for a citizen’s cellphone location records.
• Exec. order to minimise Obamacare - aimed to reverse Obamacare to give states more control.

Question 12

How did Trump develop federal power during his presidency?

Answer 12

• The Cole Memo - new AG rescinded the Cole Memo, stating that law enforcement would enforce national marijuana prohibitions.
• Exec. order stripping federal grants from ‘sanctuary cities’ (later found unconstitutional)

Question 13

Why is the federal government so reliant upon state governments?

Answer 13

If state governments choose not to enforce federal laws, then the cost to enforce those laws would be astromic for the federal government.

Question 14

How do citizens’ rights allow states to retain their sovereignty and vice versa?

Answer 14

The rights of citizens vary widely between states. In Alaska, you can apply for a learner permit to drive at 14 but Massachusetts requires a citizen to be 16.

Restrictions over abortion (since the overturn of Roe v. Wade), gun control, marijuana vary hugely between the states in the USA.

Certain rights have been dicated by the federal government. Obergefell V Hodges practically legalising same-sex marriage in every state.

Question 15

How does criminal punishment allow states to retain their sovereignty and vice versa?

Answer 15

The death penalty is a huge difference between the states with more than half the states offering the ultimate penalty.

The Supreme Court has placed numerous restrictions on the usage of the death penalty whlie upholding the punishment more generally. Kennedy v Louisiana (2008), Panetti v Quarterman (2007).

Question 16

How does electoral regulation allow states to retain their sovereignty and vice versa?

Answer 16

Article I allows states to run their own elections, leading to huge varitaions in electoral practice, most notably in the 2000 election.

In 2018, to vote in elections, states can use: a paper ballot, a paper ballot and electronic voting, a mail ballot or electronic voting alone.

State governments also set the boundaries for districts in their states, known as gerrymandering.

Numerous voting laws have extended voting rights at a national level, lowering the voting age and extending voting rights regardless of sex and colour.

Question 17

How do taxes allow states to retain their sovereignty and vice versa?

Answer 17

There is a federal tax to be paid, but also state tax.

Taxes range from 0% in seven states, to over 13% in California.

Citizens still have to pay federal income tax. States are also reliant upon federal grants when their own finances are low or in response to unexpected circumstances (i.e. Hurricane Katrina in New Orleans)