ETVT that the US can be described as a federal nation (30) Flashcards
Intro
Federalism in the USA is the constitutional relationship between US state governments and the US federal government. This is the idea in the current US constitution, this means that the constitution delegates certain powers to the federal government alone, whilst including reserved powers, this are reserved to the states alone. Furthermore, there are concurrent powers of the constitution, these are those powers shared by the federal and state governments, such as collecting taxes, building roads and maintaining courts, making amendments.
Federal government has impeded on policy ‘marble cake’
The federal government has encroached on numerous state issues.
The no child left behind act 2002 resulted in huge changes to the federal education policy, it expanded the federal government’s role, and required states to test children annually, this is a example of the ‘marble cake’ model or cooperative federalism, mixing of authority between the federal government and the states.
Obama continued this policy and invested $4 billion in the Race to the Top programme in order to boost education in states, states were awarded points for enacting certain policies the federal government required in return for grants.
In 2018 Donald Trump rescinded the Cole memorandum.
In December 2003 George W Bush signed into law the Medicare prescription drug modernisation act, this was a $400 billion expansion of Medicare across all the states.
The ACA 2010 expanded Medicaid across all the states, since then 14 states have expanded the programme and the enrolment rate has increased by 34% as of 2019.
Trump adopted a very harsh policy towards ‘sanctuary jurisdictions’, stating that if they refused to comply with immigration enforcement measures, they would risk losing federal grant money in 2017.
Laws vary across states
The states currently have power over their reserved powers.
For example, the death penalty is legal in 27 states and has been abolished by 25 others, the methods use vary from firing squad in South Carolina to lethal injection in Alabama, federalism means that the constitution gives them autonomy over this.
In addition to federal taxation, taxation can also be set at state level, for example 9 states such as Alaska and Florida do not levy state income taxes, however the top rate of income tax in California is 12%.
The legal status of marijuana also varies among the states, 23 states most recently Minnesota in May 2023 legalised recreational use of the drug, furthermore as marihuana is illegal on a federal level they theoretically have the power to enact the supremacy clause of Article VI of the constitution, however this proves that the federal government are willingly upholding states power and striving for ‘new federalism’.
The Cole memo 2013 stated that the justice department would not enforce federal restrictions on marijuana when the states had legalised it, except in certain criminal circumstances where the use of firearms were involved.
Sanctuary cities, these are which local law enforcement agencies are prohibited by state law from helping federal immigration officials to identify illegal immigrants, unless they have been charged with a serious crime.
What is cooperative fedeeralism
Federal government taking greater responsibility in work programs, education, healthcare, this is called cooperative federalism or the ‘marble cake’ model.
They have autonomy when dealing with national crisis
The Covid-19 crisis shows us that it is up to the 50 states to decide how to react.
The 10th amendments states that any power not explicitly granted to the federal government by the constitution is left to the states or the people, this means that during Covid-19 states took control how they felt was appropriate.
At the start of the crisis 32 state Governers issued their own state of emergency before the national state of emergency issued by President Trump on the 13th March 2020.
There were also a variety of responses, Republican Ohio governor Mike DeWine was the first to call for a state wide closure of schools, and Californian governor Gavin Newsom was the first to issue a state wide order to close businesses.
Due to the negative effects on the economy President Trump was keen to open the USA from lockdown as soon as possible saying that it would ‘inflict more harm than it would prevent’ in march 2020 however states lifted lockdown as they saw fit.
They dont have automony during national crisis
Homeland security was established by the Patriot Act in 2001, giving the federal government new powers and creating the department of homeland security, rather than individual states formulating their own strategies Homeland security directed both states and cities on how to provide protection against potential terrorist attacks.
While the state governors have considerable autonomy in the logistics of dealing with natural disaster and other national emergencies, they depend on the federal government and the federal emergency management agency.
The federal government responded to Hurricane Katrina in 2005 with approx. $120 billion of economic relief aid to the states.
Covid-19 has seen the federal government actively involved, the CARES act for example was a $2.2 trillion-dollar economic stimulus which attempted to combat both the public health and economic impacts of the virus on the nation and states.
The sharing of responsibility when dealing with national crisis is a example of the ‘marble cake’ version of cooperative federalism.
Supreme court protects state power over the federal government
Shelby Counter v Holder 2013, regarding the constitutionality of the voting rights act 2013, importantly section 5 was abolished, this means that states no longer had to obtain federal clearance before implementing voting laws or practises.
ACA 2010 meant that people who could not afford to buy health insurance would be covered by the expansion of the federal-state Medicaid programme, states either had to participate in this expansion or lose their federal funding of Medicaid, the federal governments largest grant programme.
NFIB v Sebelius ruled that the provision of law here was coercion rather than persuasion, this struck down the provision from law.
Supreme court doesnt protect state powers
NFIB v Sebelius 2012 struck down the Medicaid provision in the law, however it upheld the Affordable care act, leaving the federal government with significant control over healthcare policy in the United States.
McDonald v City of Chicago 2010 was a landmark decision that found the 14th amendment or due process clause means that the 2nd amendment right to bear arms is enforceable on the states.
NY v Bruen 2022 ruled in a 6-3 decision that the NY state law was unconstitutional as it infringed on the right to keep and bear arms.
