federalism

Question 1

what is federalism

Answer 1

A political system where government power is
divided between a national (federal) government
and state (or regional) governments, each with
their own defined areas of responsibility. In a federal system, the powers of the regional
governments are protected in a codified and
entrenched constitution – the national government
cannot take them away without consent from the
regional governments themselves.

Question 2

Who does what?

Answer 2

Federal Government – enumerated powers
‘enumerated’ = specifically listed
Foreign affairs
Defence
Trade (international and interstate 🡪 commerce clause)
Coining money
All other topics were expected to remain the
responsibility of the states.

This was confirmed by the 10th Amendment - reserved powers

Question 3

What if a state law and federal law contradict
each other?

Answer 3

Supremacy of federal law
trump and cuomo clash over reopening of schools - cuomo won
Federal law overrides state law - McCollough v Maryland

Question 4

what has happened since the 1930s

Answer 4

Since the 1930s and all through the 20th Century, the
powers of the federal government kept expanding due to the Commerce clause -

Question 5

Evaluate the view that the constitution effectively
protects states’ rights. - powers

Answer 5

• The constitution gives a very limited
  number of enumerated powers to the federal
  government, and the 10th Amendment ensures
  all other topics are responsibility of the states. The states, not the federal government, have been responsible for most of the response to COVID-19, such as lockdowns, face masks, and school closures
• The ‘commerce clause’ is vague and has been used as ‘loophole’ to increase federal government powers
  The Affordable Care Act is a federal law
  dealing with health care, allowed through the commerce clause. NFIB v Sebelius

Question 6

evalaute the view that the constitution protects states rights - amendment process

Answer 6

2. Constitutional amendments require states’ ratification. This means states’ rights cannot be reduced without consent of the states themselves.
   The Equal Rights Amendment was passed by
   2/3 of both houses of Congress, but blocked in the
   ratification process by the states. 35 states ratified it,
   not the required 38
   As long as ¾ of the states agree, states’ rights can be reduced through an amendment, against the wishes of the other ¼.
   The 24th Amendment, banning payment of a tax as
   requirement to register to vote, was not ratified by
   most Southern states

Question 7

evaluate the view that the constitution protects states rights - laws

Answer 7

• Expansion of federal government powers, including issues originally exclusively responsibility of the states. - CARES act 2020 $2 trillion economic stimulus and social security
  package to deal with the economic recession caused
  by COVID-19
• There is still wide variety in laws between the states, and states are still responsible for most issues affecting Americans 21 states have abolished the death penalty.
  Recreational use of cannabis has been legalised in 18
  states

Question 8

evaluate the view that the constitution protects states rights - SC

Answer 8

• Federal law overrides state law, confirmed in McCulloch v. Maryland 1819
  The federal 1996 Defense of Marriage Act (DOMA), banning
  gay marriage, overruled state attempts to introduce gay
  marriage.
  The federal Supreme Court ruling Obergefell v. Hodges 2015 then repealed DOMA and legalised gay
  marriage, stopping states from banning gay marriage
• where federal and state law contradict each other, this is not always enforced
  Cannabis is illegal by federal law, but legalised by more recent state laws