Evaluate the extent to which federalism remains an effective feature of the system of government in the USA today.

Question 1

Introduction - Themes

Answer 1

• Healthcare
• National Crisis
• Law

Question 2

Introduction - Argument

Answer 2

The federal government does hold substantial powers in key areas; however, this is part of the federal system - for the most party federalism is effective as the states still hold the majority of the power

Question 3

Ineffective - Healthcare - Point

Answer 3

The federal government has recently become much more involved in healthcare, implementing certain policies which take power away from the states

Question 4

Ineffective - Healthcare - Examples

Answer 4

• The Affordable Care Act is the key example - this expanded America’s health coverage options and saw the federal government providing most of the financing for subsidies
• The Justice Department was able to appeal to the Supreme Court which has meant the Texas’ abortion pill ruling is currently on hold

Question 5

Effective - Healthcare - Point

Answer 5

The principles of federalism for healthcare have been held up and reinforced by the Supreme Court, meaning the federal government does not have more power than the states

Question 6

Effective - Healthcare - Examples

Answer 6

• In the Dobbs v Jackson case, the Supreme Court overturned Roe v Wade citing that it was an overreach of the federal government’s power to nationally legalise abortions - since the ruling 13 states have banned abortion
• In the National Federation of Independent Business v Sebelius 2012, the SC struck down the expansion of the Medicaid programme

Question 7

Ineffective - National Crisis - Point

Answer 7

It can be argued that in time of national crisis the federal government will often overstep and take over the state’s powers. This compromises the effectiveness of federalism

Question 8

Ineffective - National Crisis - Examples

Answer 8

• The federal government responded to Hurricane Katrina in 2005 with $120bn of economic relief
• The federal government were also actively involved in the Covid-19 pandemic. The CARES Act 2020 provided $2.2tn economic relief package

Question 9

Effective - National Crisis - Point

Answer 9

During the Covid-19 pandemic, the majority of power was given to the states and the people. The 10th Amendment meant that relatively little federal government direction was given

Question 10

Effective - National Crisis - Examples

Answer 10

• Each state governor was given autonomy, this led to a variety of responses. The Republican Ohio governor, Mike DeWine, was the first to call a state wide closure of schools, while 7 states did not issue orders to stay at home
• President Trump was keen to open the USA up from lockdown, however, the Brookings Institute concluded that he did not have the authority to override decisions

Question 11

Ineffective - Laws - Point

Answer 11

The federal government still has the power to leigslate, this means it can create laws which affect the entirety of the country and move power away from the states

Question 12

Ineffective - Laws - Examples

Answer 12

• State citizens have to pay federal income tax - this does not vary from state to state and is collected by the IRS
• The Obergefell v Hodges Supreme Court case in 2016, along with the Respect for Marriage Act 2022, protects the rights to same sex marriage acorss the entirety of the USA

Question 13

Effective - Laws - Point

Answer 13

There are still plenty of areas which each state has individual laws for, as the federal government does not have the jurisdiction from the Constitution

Question 14

Effective - Laws - Examples

Answer 14

• 21 states across the USA have legalised marijuana, despite the fact that is illegal at federal level - the federal government has not used their supremacy clause and allowed the states to choose
• There is also state tax which varies massively - Califonia has 13% taxation while 7 states have 0% taxation