Evaluate the view that the relationship between the federal government and the state is determined more by the president than by the US Constitution.

Question 1

Introduction - Themes

Answer 1

• Supreme Court
• National Emergencies
• Federal Models

Question 2

Introduction - Argument

Answer 2

The relationship between the federal government and the state is definitely determined more by the president, this is obvious from the fact the relationship between the state and the federal government is ever changing, but if it was determined by the Constitution, it would have been fixed

Question 3

Constitution - Supreme Court - Point

Answer 3

The Constitution very clearly lays out the parameters for the federal government’s jurisdiction, it is then the job of the Supreme Court to make sure they are enforcing this, as they have been recently

Question 4

Constitution - Supreme Court - Examples

Answer 4

• As a result of the 2022 Dobbs v Jackson Case, the Supreme Court has overturned Roe v Wade. The reasoning given for this that it is not within the Constitution for the federal government to enforce national abortion rights
• The United States v Texas case in 2016 also illustrates the Supreme Court upholding the Constitution Federal-State relationship. The decision meant that the Deferred Action for Parents of America could not be implemented due to the cost to the individual states

Question 5

President - Supreme Court - Point

Answer 5

The appointment process to the Supreme Court and the ideological drive of judges means that the President is actually a significant influence on Court decision, and therefore, the federal-government state relationship

Question 6

President - Supreme Court - Examples

Answer 6

• The President is able to appoint those who tend to be ideologically aligned with the president, or their predecessor. The Supreme Court is currently very conservative and this is because Donald Trump was able to make 3 appointments
• The preceding Robert’s Court was more evenly divided between the liberal and conservatives. Gay marriage was legalised in the Obergefell v Hodges Case, this took power away from the state

Question 7

Constitution - National Emergencies - Point

Answer 7

The 10th Amendment reinforces the rights of the states over the federal government, national emergencies arguably reinforce this Constitutional principle, Covid is a good example of this

Question 8

Constitution - National Emergencies - Examples

Answer 8

• During the Covid-19 Pandemic, each state governor was given autonomy and there were wild variations across the country. Ohio’s governor, Mike DeWine, was the first to close schools, while 7 states had no orders to stay at home
• The Brooking Institute concluded that Trump did not have the authority to override State lockdown restriction under the 10th Amendment in the Constitution

Question 9

President - National Emergencies - Point

Answer 9

National emergencies provide the President with bipartisan and public support to overrule the 10th Amendment principle meaning they are more important in determining the relationship

Question 10

President - National Emergencies - Examples

Answer 10

• The CARES Act was passed in 2020 which provided a $2.2 trillion economic relief package. This is arguably beyond federal government jurisdiction in the Constitution, but the President did it anyways
• After the Uvalde School Shooting in May 2022, Biden was able to pass a massive Gun Reform Bill, bringing power to the federal government

Question 11

Constitution - Federal Models - Point

Answer 11

The US Constitution is entrenched and codified meaning that the relationship between the states and the federal government is clearly laid out. This arguably meant that the relationship is completely determined by the Constitution

Question 12

Constitution - Federal Models - Examples

Answer 12

• The 10th Amendment states, ‘the powers not delegated to the United States by the Constitution are reserved for the States respectively, or to the people’
• In Article II of the Constitution, the powers of the president are very clearly stated. According to the 10th Amendment, the President should not have anymore power than this

Question 13

President - Federal Models - Point

Answer 13

This argument is effectively nullified by the fact that federalism is not a fixed constant in American politics. There have been a number of different models throughout the years

Question 14

President - Federal Models - Examples

Answer 14

• Obama promoted progressive federalism which meant that the federal government set a benchmark from which the states could choose to build on
• Trump took a different approach, and campaigned on the fact he was going to restore traditional federalism and promised to ‘cut so much your head will spin’