Federalism Flashcards
What did Bush’s federalism (2001-8) demonstrate?
- An increased level of federal interference in state issues due to the drive for national security.
(Patriot Act 2001 strengthened federal powers to ensure national security)
What is progressive federalism?
- Providing states with greater control over issues previously reserved for the gov, like the environment and consumer protection.
- The federal government set a benchmark for which the state has to comply to.
- It supports states. (Stricter vehicle emission in California)
What powers are reserved to states?
- Conduct elections
- Provide for public safety
- Regulate trade
- Establish and maintain schools
What powers are reserved to the National government?
- Declare war
- Establish foreign policy
- Conduct elections
What shared powers do the states and the National gov have?
- Raise taxes
- Build roads
- Criminal justice
What are the four types of differences between states?
- Legal differences
- Economic differences
- Cultural differences
- Political differences
How is there variety between states economically?
- They have a variety of tax systems.
(e.g California has the highest income tax of 13% compared to 8 states with no state income tax like Texas and Florida)
What are examples of legal differences between states?
- There’s a variety of laws.
Alaska allows 14-year-olds to drive, though in New York it is 16.
30 states allow the death penalty.
How are there regional/cultural differences between states?
- Each region has its own culture and identity through racial and religious ideological differences.
E.g. Bible Belt and liberal New York
What act under Bush shows greater national gov power?
Patriot Act 2001
- More law enforcement to prevent and detect terrorism.
- Acted overwhelmingly bipartisan with support across political spectrum.
- Passed in senate 98-1.
What cases show more National gov power under Barack Obama?
- Obergefell v. Hodges 2015 is a civil rights case in which the Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples.
- Arizona v US 2012 overturned a law which gave state power to enforce immigration laws when there is suspicion someone is an illegal immigrant
Under Obama, how was state power strengthened?
- Texas v US 2016- SC struck down Obama’s DAPA (two year grace period to any illegal immigrants brought to the US as children) executive order due to the cost of the states.
What did the women’s health organisation say in response to Roe V Wade being overturned?
- Women travelling for abortion will be protected by the federal gov .
- They will ensure access to pills that cause abortion, in states where it is prohibited.
States believe the federal gov is working to ‘subvert and undermine law’
What case limited Biden’s Clean Air Act?
- West Virginia v. Environmental Protection Agency 2022 was a U.S. Supreme Court case related to the Clean Air Act and the ability of the Environmental Protection Agency to regulate carbon dioxide emissions related to climate change.
- Court case said EPA did not have the authority to impose sweeping measures.