Federalism Flashcards
What should the three themes in a Federalism be?
- SCOTUS 2. Presidential power 3. Nature of Constitution
What are examples of Federalism and Limited gov working well together?
Amendment 10- reserves powers not explicitly mentioned to the states
States determine most of their own laws/policies, e.g.tax variation across states and death penalty, legal in Texas, illegal in New York
What are examples of SCOTUS in regards to Federalism?
Dobbs V jackson Case, which reinstated states rights to choose on availability of Abortion rights
2012 National Federation of independent business vs Sebelius, states that Obamas Healthcare Reform Act could not be justifiable under the commerce clause
XIV Amendment altered Federal govs relationship with the states ammended the constitution to impose prohibitions directly on state governments, section 1 of the ammendment conatins the “due process and equal protections” prvisions. Nor shall any state deprive a person of life, liberty or property without due process of law”
What are examples of Federalism and Limited government not working?
Increase of Federal mandates, e.g. 1990S Americans with disabilities act, forced states to provide additional support for Americans without extra federal funding
Executive orders dont require approval from Congress, e.g. Daca from Obama in regards to deportion of migrants who came as children overode states ability to legislate on the issue and erodes federalism
Obergefell V Hdoges, rules gay marriage has to be upheld by states regardless of state laws
What are examples of the Constitution harming Federalism?
“necessary and proper clause”, which is elastic in nature and allows the government to stretch its powers
“regulate inter-state commerce”, eg the justification for Obamacare
“bill of rights” establishes
What are examples of the Constitution helping Federalism
10th amendment allows states power over all manner not directly given to government
concurrent powers, eg government can raise income tax, but states can choose to raise their own taxes
sebelius case 2012, rules Obamacare was illawful under commerce clause
What are examples of Presidents powers being increased by Federalism?
Daca program- granted protected status to over 1 million people brought to the states by their parents, which overode ability of states to deport these people
Race to the top program- which forced a competitive grant program for states to develop education and education reform in line with executive viewpoint
What are examples of decreased Presidential power in regards to Federalism?
ESA, reduces federal role in closing schools, with the ability to determine a scores success or failure
Texas: governor gregg abbot, ordered state agaencies should not re-locate syrian refugees, despite insistence on it from obama administration
after trump withdrew from PCA, 11 states continued to hold the accords
How does the example of Trump being allowed to run in Colorado show Federalism not being upheld?
Supreme Court, struck it down through 14th ammendment
