Chapter 1: US Constitution and Federalism Flashcards
Amendments
27 amendments, although over 11,000 proposed
Supreme Court being used to protect state rights
Texas v US (2016) ruled in favour of Texas Blocking Obama’s executive order of DAPA (Deferred Action for Parents Programme)
Supreme Court check on the executive
2005- checked the legality of the president’s actions in relation to his approval of unauthorised spying on US citizens since 9/11
Congress checks on the executive
National Defense Authorization Act for Fiscal Year 2021- veto overridden
Bipartisanship
2021- Biden’s Bipartisan $1 trillion Infrastructure law
Federalism: (Bush)
- Increase in domestic spending e.g. ‘No Child Left Behind Act - 2001’
Federalism: (Obama) (2)
- Role of fed. govt increased due to introduction of Obamacare (2010) +
- Allowed for states to pursue their own policy goals e.g. 2012- Colorado legalised marijuana for recreational use
Example of vagueness of constitution undermining its authority
Obergefell v Hodges 2015, in stating that gay marriage was a constitutional right, some politicians and even a member of the Supreme Court
claimed that the Supreme Court was no longer following the Constitution
Proposals passed by Congress but failed to receive sufficient state support:
Parental Rights Amendment to the United States Constitution failed to pass
Example of federal government departments increasing-
Government has 15 departments, (up from 3 when the constitution was written)
E.g Homeland Security added in 2002
Growing globalisation increasing the role of the federal government
the physical damage of 9/11 was estimated $55 billion, with New York needing federal money to help clean up
Example of federal law being overturned by the Supreme Court, allowing states greater freedom
Shelby vs Holder 2013: federal law was overturned when parts of the Voting Rights Act were declared unconstitutional.
Example of states deciding their own laws
cannabis is legal in 23 states
Examples of states having control over taxes
For example, states set their own sales tax, with some states like Montana having no sales tax and California having the highest rate at 7.5 per cent.
Example of federal government taking more control by imposing national policies on all states
Fiscal Responsibility Act of 2023 and Affordable Care Act 2010