Evaluate the view that the growth in presidential power has led to a corresponding decline in federalism.

Question 1

Introduction - Themes

Answer 1

• Executive Orders
• Constitution
• Spending

Question 2

Introduction - Argument

Answer 2

The growth in presidential power has not led to a decline in federalism, this is because federalism is codified within the Constitutioon and the Supreme Court works to protect it against the President

Question 3

Decline - Executive Orders - Point

Answer 3

The use of a president’s executive orders has arguably meant that they are able to effect decisions in individual states and impact federalism

Question 4

Decline - Executive Orders - Examples

Answer 4

• Obama signed the Deferred Action for Parents of Americans, this meant that the dreamers’ who came to the United States would no longer be prosecuted
• Trump signed a travel ban as an executive agreement - this prevent people from some predominantly Muslim countries from entering the United States

Question 5

Continuity - Executive Order - Point

Answer 5

However, the use of executive orders is something which is heavily checked within the Supreme Court - this means that the power is not often acutally taken from the states

Question 6

Continuity - Exeucutive Orders - Examples

Answer 6

• In the 2016 United States v Texas Case, the Supreme Court ruled that the implementation of DAPA was an overstepping of federal powers, and the executive order was overturned
• In the 2016 Trump v Hawaii case, the Supreme Court sided with Trump as their was nothing in the Constitution that stopped Trump from issuing the ban

Question 7

Decline - Constitution - Point

Answer 7

Biden has been able to pass a number of bills on constitutional issues - these have led to a decline in the state’s jurisdiction and thus federalism

Question 8

Decline - Constitution - Examples

Answer 8

• After the school shooting in Uvalde, Texas in May 2022, Biden was able to gain bipartisan support in Congress to pass a federal law that mean guns should not be sold to those deemed ‘dangerous’
• Biden was able to pass the Respect for Marriage Act which meant that the right to same sex marriage is federally protected

Question 9

Continuity - Constitution - Point

Answer 9

Due to the 10th Amendment the Supreme Court makes sure that the President does not overstep their legislative jurisdiction

Question 10

Continuity - Constitution - Examples

Answer 10

• In the Dobbs v Jackson case, the Supreme Court overturned Roe v Wage citing that it was incorrectly legislated and therefore an overreach of the federal government’s powers
• The Supreme Court ruled in the Obergefell v Hodges case in 2016 that same sex marriage was a right in all 50 states under the 14th Amendment

Question 11

Decline - Spending - Point

Answer 11

There have been a number of bills passed by Biden which have massively increase federal spending within the states. This takes power away from the states

Question 12

Decline - Spending - Examples

Answer 12

• The American Rescue Plan was a $1.9 trillion economic stimulus plan designed to combat the coronavirus
• The Inflation Reduction Act outlined plans on climate, healthcare and tax - all of which will have significant federal gunding impacting the state’s powers

Question 13

Continuity - Spending - Point

Answer 13

Once again the Constitution and Supreme Court act as a check on the president and ensure that federalism is maintained. The states retain much economic autonomy

Question 14

Continuity - Spending - Examples

Answer 14

• The case of the NFIB v Sebelius meant that the imposition of ‘shared responsibility penalty’ under the expansion of Medicaid was shut down as unconstitutional
• The States have the power to individually decide their own taxation, this has led to massive difference - Califonia has 13% tax while 7 states have 0% tax