ETVT federalism is dead Flashcards
Point 1: Federalism is enshrined in the constitution due to protections of state sovereignty .
Evidence:
* 10th Amendment sets out the powers not delegated to the federal government to the states
- Article 4 establishes the principle of federalism as it grants powers like taxation, law enforcement and education. Florida has no state income tax while California has a progressive tax system.
Explain: This ensures that states have distinct powers and enables them to legislate independently without the federal government. Federalism continues to function as a core princle of the US constitution.
Counter point 1: federal government has increasingly intruded on state power
Evidence:
* The Commerence Clause has been used to expand federal authority. Gonzales v Raich (2005) as the substance act overode carlifonia’s state law in legalising marjiuana.
* Supremacy Clause (federal law “shall be the supreme Law of the Land” ) allows federal law to overidde state law. Arizona v United States (2012) where federal immigration law took precedence over state policies
Federal powers frequently undermine state autonomy making federalism not very practical.
Point 2: SC decisions have shown support for state power which revives the principle of federalism
Evidence:
* Dobbs v Jackson (2022) ruled abortion under the 14th amendment of equal protection should be of the decisions of the states, reversing the initial frederal precedent.
* Shelby County v Holder removed federal rule over state election laws. Allowed states to have greater power in managing state policies.
These rulings shows the judiciary role in restoring state authority
Counter point 2: Judicial activism has expanded federal powers, limiting state sov
Example:
* McCulloch v Maryland (1819) established the doctrine of implied powers which allowed congress to create a nation bank despite opposition from the state of maryland
* Wickard v Filburn (1942) ruled congress could regulate local economic activities under the Commerence clause giving vast powers to federal authorithy
Judicial interpretattion has always favoured federal expansion. It reduces the autonomy originally made for the staes in the constitution
Point 3: There are limits to federal mandates and executive orders
Evidence
* SC in United States v Lopez (1995) limited the powers of Congress by ruling that the Gun fre Zone act exceeded the powers of the govt
* Unfunded Mandates Reform Act was made to prevent Congress from imposng vostly federal mandates on state and local govt without providinng funding
both the executive branch and congress face constraints on how much power they can impose unto the states. these limitations ensures that theres a balance in power between the federal govt and the states, preserving federalism
Counter point 3: executive and mandates have an impact on states
Evidence
* Trump’s 2017 Travel ban was issued through an EO and restricted entry from several countries due to national secrurity fears.
* The Clean Air Act 1963 sets national air quality standards which states have to follow
These show how federal govts can enforce national policies that may influence state laws and decisions which can directly weaken federalism
Point 4 (if it was a constitutional question about the states instead): Constitution amendment process protects state power by requring 3/4 of state votes
Evidence
* Article 5 of the consitution states that 3/4 of states must vote in favour of an amendment to be able to ratify it. States have a clear critical role in constitutional changes.
* Only 27 amendments have been ratified since 1789 showing how difficult it is to create amendments without state consent. As seen with the Equal Rights Amendment in 1972 which failed to get 3/4 of votes
This process ensures that states cannot be overidden by federal govt without their super majority. This protects their autonomy in the constitutional process
Counter point 4: Federal govt has used tax powers to influence state policies
The Clean Air Act 1963 sets national air quality standards which states have to follow and failure for states to meet standards wll lead them to lose federal grants.
Obama’s Race to the top program tied educatuion funding to federal performance metrics which limits stae powers over education policies
Conclusion?
Federalism isnt dead but has evolved over the course of time. States still retain significant autonomy over their policies.