Constitution 8 - Federalism

Question 1

Cases showing that Federal Govts influence over states has not increased

Answer 1

1. 1996 defence of marriage act:
   US v Windsor (2013) ruled this law unconstitutional. This ruling upheld states’ rights to determine own marriage laws
2. Meidcaid. Independent Business v Sebelius (2012) ruled against federal govt threatening to remove Medicaid funding from states that wouldn’t expand Medicaid
3. Legalisation of marijuana in some states
   Nov 2012: Colorado and Washington legalised sale and use of marijuana despite it being illegal under Federal law

Question 2

Examples that Federal Govts influence over states has increased

Answer 2

Obama administration expanded the influence over states through stimulus packages

1. Education - Obama’s ‘race to the top’ programme gave states financial incentive to follow education policies. Eg. Raise caps on charter schools
2. Health insurance - Obamacare forced health insurance companies to cover people with pre-existing conditions
3. Immigration - Arizona v US (2012) - In 2010 Arizona passed a law requiring police to check immigration status of anyone if they had ‘reasonable suspicion. SC ruled against Arizona

Question 3

What is ‘dual federalism’

Answer 3

Powers strictly divided - jurisdiction over different areas

Question 4

What is ‘co-operative federalism’

Answer 4

Where the national govt. encourages states and localities to pursue nationally defined goals

Question 5

What is federalism

Answer 5

Theory of govt. whereby power divided between a national govt. and state govts each having own areas of jurisdiction

Question 6

What is decentralisation

Answer 6

Principle whereby power vested not only in the federal govt. but also in state govts.