Evaluate The View That The US Is No Longer Federal Today. Flashcards
Introduction - Federalism meaning
- Federalism is a structure of politics and government in which power is divided between a
national government and state governments, both of which have significant control over clearly
defined areas of government. - All states have the same level of decision making power and the role of the federal
government (Presidency and Congress) is limited to what is necessary.
Paragraph One ➡️ Federal Government intervention Into Areas
Of Policy Controlled By States
- For: The US Is No Longer Federal Today
- 20th century significant expansion of federal power
- There have also been many developments and policies which have
seen areas of policy shared between the states and federal government increasingly being
driven by the federal government in order to achieve improved national provision and uniformity
in standards.
– (Example): George W Bush 2002 No Child Left Behind Act - introduced major changes to education policy, with federal gov role increasing to try and create uniform national standards, despite education policy being traditionally controlled by the states.
– (Example): Bush mandated that states test children annually with a uniform national test and provided 20% increase in funding for the poorest schools
–(Example): In response to BLM protests, Trump deployed federal troops to tackle the protests, despite several states oppositing it and local policing being an area of policy traditionally controlled by the states
- for policy aims
Para 1 - Gov intervention
Against: The US remains Federal Today
States retain significant control policy
– (Example): Legislation of cannabis in some states, 38 states legalised medical use, 23 states legalised recreational use
– California legalised recreational & medical, Florida only medical, Texas neither
Recent Presidents have respected federalism and allowed states significant control over important areas of policy
– (Example): Trump allowing COVID 19 dealing to states rather than national policies
– California mask mandate ended in March 2022, Texas March 2021 (Democrat more strict, Republican states more chilled)
Paragraph Two ➡️ The Protection Of Federalism In The
Constitution
- Against: The US Remains Federal today
- Federalism is protected by the constitution in the 10th amendment, which protects the power of states by stating all powers not given to federal gov are reserved for the states
–(Example): Trump 2017 issued an executive order that withheld federal grants from sanctuary(immigration lenient) cities
– This was struck down and declared unconstituional as it was seen as an attempt by fed gov to change policies when they’re allowed to have sanctuary cities due to state power to provide for the public safety
Federal power is effectively protected by the amendment process, which requires a
majority of 3/4 of state legislatures in order to ratify any amendment. This difficult amendment
process ensures that the constitution can’t be changed to infringe on state power without their
consent.
Para 2 - Constitution protection of federalism
- Can be argued that the constitution hasn’t effectively protected federalism
as the Supreme Court’s broad interpretation of Congress’ implied powers in the 20th century
facilitated a significant growth in federal power.
–(Example): The constitution has also been formally amended to increase the power of the federal
government, in particular with the 16th amendment which gives the federal government the
power to levy an income tax.
Para 3 - The Role of Federal Grants & Mandates
- For: The US is No Longer Federal Today
- State is reliant on federal gov for around a quarter of their income, which allows fed gov to control state policy somewhat, particularly through categorical grants which specify how money should be spent
–(Example): This can be seen in the Affordable Care Act, which required states to expand Medicaid
provision or lose their existing federal funding for Medicaid programmes - The US can also be argued to not be federal today, as the federal government sometimes uses
federal mandates, which mandate states to do certain things without providing any funding for
it.
–(Example): No Child Left Behind Act 2001, Bush, required states to conduct standardised testing and implement educational improvements, without fully funding states costs to meet these requirements.
Para 3 - Mandate & Fed Grant - Against: The US Remains Federal Today
- Majority of money spent by states is raised through state and local taxes, which limits fed gov power to coerce states
- Significant amount of federal funding given to states is through block grants, which give states their choice on how money can be spent
–(Example): These block grants are particular among Republicans, as they respect the autonomy of states
–(Example): Affordable Care Act that required state to expand Medicaid provision or lose their existing federal funding for Medicaid programmes was struck down by SC in National Federation of Independent Business v Sebellus in 2012
- Declared action unconstituional reach of federal power, keep existing medicaid funding without expanding medicaid
Overall Argument
- In conclusion, there is no doubt that the Supreme Court’s broad interpretation of Congress’
implied powers and the key programmes of democratic Presidents in the 20th century saw an
increase in federal government power and a consequent slight erosion in state power. - This being said, it would be wrong to say that the US is no longer federal today. State’s retain
significant control over their areas of policy, resulting in significant policy differences and
financial autonomy. This significant state power is importantly protected by the constitution and
Supreme Court, which ensure the US remains federal.
