Federalism

Question 1

What is federalism?

Answer 1

structure of politics and government in which powers are divided between national and state governments, both have significant powers

Question 2

How is federalism written in the constitution?

Answer 2

constitution sets out powers of federal governments and their limits and the 10th amendments seeks to protect state power

Question 3

state powers?

Answer 3

establish and maintain schools, establish local government, regulate business with the state, marriages laws, public safety and whatever the 10th amendment recommends

Question 4

Great depression? (federal expansion)

Answer 4

huge economic downturn that only the government had the resources to fix - effected all states

Question 5

Foreign policy? (federal expansion)

Answer 5

since WWII US has played more of an interventionist role and as foreign policy is govt job it inevitably has become more powerful

Question 6

S.C decisions? (federal expansion)

Answer 6

during 20th century S.C took a very liberal/expansive approach in implied powers in particularly the necessary and proper clause and commerce clause

Question 7

Constitutional amendments? (federal expansion)

Answer 7

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

Question 8

Dual federalism?

Answer 8

1787 - 1920: clear divide in jurisdiction, either controlled by state or govt

Question 9

Co-operative federalism?

Answer 9

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

Question 10

New Federalism?

Answer 10

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

Question 11

Zigzag Federalism?

Answer 11

power and autonomy in some areas but other areas got more control

Question 12

Bush federalism policy?

Answer 12

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

Question 13

Obama federalism policy?

Answer 13

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

Question 14

Trump federalism policy?

Answer 14

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)

Question 15

COVID-19 case study

Answer 15

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?

Question 16

Legalisation of Cannabis case study

Answer 16

38 states legalised if for medical use and 23 for recreational (technically still illegal under federal law but Obama said he would ignore it)

Question 17

Sanctuary cities case study?

Answer 17

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

Question 18

Affordable care act case study?

Answer 18

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

Question 19

Consequence of federalism?

Answer 19

• 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

Question 20

Does federalism still remain?

Answer 20

• 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

Question 21

Federalism doesn’t remain?

Answer 21

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