Federalism Flashcards
What is federalism?
structure of politics and government in which powers are divided between national and state governments, both have significant powers
How is federalism written in the constitution?
constitution sets out powers of federal governments and their limits and the 10th amendments seeks to protect state power
state powers?
establish and maintain schools, establish local government, regulate business with the state, marriages laws, public safety and whatever the 10th amendment recommends
Great depression? (federal expansion)
huge economic downturn that only the government had the resources to fix - effected all states
Foreign policy? (federal expansion)
since WWII US has played more of an interventionist role and as foreign policy is govt job it inevitably has become more powerful
S.C decisions? (federal expansion)
during 20th century S.C took a very liberal/expansive approach in implied powers in particularly the necessary and proper clause and commerce clause
Constitutional amendments? (federal expansion)
e.g. 14th amendment was used by S.C to strike down laws on segregation and racial discrimination and prior to 2022 stopped states banning abortion
Dual federalism?
1787 - 1920: clear divide in jurisdiction, either controlled by state or govt
Co-operative federalism?
1930s - 1960s - national programmes and regulations to bring US out of depression both FDR New Deal and LBJ Great Society Program - welfare schemes to tackle poverty, poor healthcare and poor housing. Categorical grants
New Federalism?
1970s - 2000s - begins with Nixon and aims to give more power back to states via block grants but undermined by the reducing size of grants and increase in unfunded mandates
Zigzag Federalism?
power and autonomy in some areas but other areas got more control
Bush federalism policy?
promised to shrink fed govt but huge expansion and amount of spending (increased by 33% in first term), Defence spending grew 125% and took control of two private mortgage banks (2008) and $700M for wall street. No child left behind - uniform testing and increase to poor schools. 2003 Medicare spending
Obama federalism policy?
deliver change in domestic policy so fed govt increased - $248B in 2009 vs. $20B under Bush - stimulus package. Expansion of medicaid and ‘race to the top’ schools programme and State children’s health care insurance
Trump federalism policy?
BLM protests -deployed troops to tack protests (typically state area) and federal spending increased in CARES Act 2020. Cut environment policy and left COVID handling up to states (half and half)
COVID-19 case study
Democrat states led imposed more stringent polices like mask mandates and lockdowns than Republican ones (2021 Texas mask mandate lifts, 2022 California mask mandate lifts) BUT some effective federal policy like CARES Act. High death per capita because of this?
Legalisation of Cannabis case study
38 states legalised if for medical use and 23 for recreational (technically still illegal under federal law but Obama said he would ignore it)
Sanctuary cities case study?
cities that prohibit local law enforcement from helping federal immigration officials identify illegal immigrants - 600 including entirety of California - Trumps E.O stopping grants to them struck down
Affordable care act case study?
both state and federal powers
- 27 states filed a law suit and one provision was struck down (grants being taken away) but upheld majority of ACA including in 2015 allowing state intervention for various areas
Consequence of federalism?
- variation in law
- state policy as laboratories like Universal Base income first in Alaska then law in 2016
- tensions between states and federal governments
- complex administration due to shared responsibility i.e two tax systems
Does federalism still remain?
- 10th amendment ensures it does, significant variation in policy, culture and states act as policy laboratory, difficult amendment process ensures state power can’t be infringed upon, states able to disagree with states, block grants, and US v. Lopez
Federalism doesn’t remain?
expansion of federal powers in the 20th century, implied powers have justified growth of power, constitutional amendment introduce federal power (16th amendment) and reliant on government fo quarter of the their income
