Federalism Flashcards
What was George Bush’s attitude to federalism described as by Dinan in 2007
Routinely dismissive of federalism concerns and frequently an agent of centralisation
What did Bush challenge regarding drugs
Californias medical cannabis use
What did bush not challenge regarding Medicaid
Floridas market based reforms to the administration of Medicaid
What was the effect of the war on terror for federal government powers
Extended federal govt powers eg creation of department of homeland security
What did Bush do regarding education
Education policy was centralised-‘no child left behind’ programme introduced national annual testing and federal government power to impose corrective measures on failing schools
How did Fletcher describe federalism under Obama in 2012
‘Obama confirmed the suspicions of those who believe that democrats are prone to ‘government creep’’
What did Obama do regarding health
Passed the Patient protection and affordable care act (AKA Obamacare) costing $938Bn over ten years- enhanced central govt powers over healthcare policy
How did states resist Obamacare and what was the result
28 states filed lawsuits including 26 taking joint action to strike down the ASA’s individual mandate (mandating health insurance). This was defeated in the Supreme Court in the Sebalius case , meaning Obamacare survived
How were grants changed under Obama
Grants to states increased from $350Bn to $500Bn per year (cooperative federalism)
What did Trumps presidency see a turn to regarding federalism
‘New federalism’- more power to the states, an increase in unallocated block grants
Define dual federalism
States and federal government are coequals, each legislating in separate spheres. Divisions in political power are clear cut (layer cake federalism from founding till new deal in 1930s)
Define cooperative federalism (Marble cake federalism)
Federal and state governments cooperate on a variety of issues and legislate in the same sphere. Grants and aid used to encourage states to follow federal policy, creation of new departments, categorical(pre allocated) grants. Political power divisions are less clear cut. 1930s-1960s
Define new federalism
More power to the states eg using block grants , devolution to states eg on environmental policy under trump, lean toward amendment 10 (reserved powers) more than article 1 commerce clause (congress can regulate interstate commerce).
However it is hard to get federal agencies to relinquish powers once they have them
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What is article 1 section 8 of the constitution
The elastic clause- congress can make laws which are necessary and proper
What is the commerce clause
The clause of the Constitution which states that federal government can regulate interstate commerce and commerce with other nations
2005 case regarding commerce clause
Gonzales v Reich, ruled that federal government was within its rights to enforce the commerce clause on medical cannabis consumption in California despite the fact that it was legalised by the state government
What was the voting rights act and what does it show
1965 act which sought to prohibit racial discrimination in voting, shows that even after a constitutional amendment the states can be problematic for rights
What is the affordable care act 2010 and what type of federalism is it
Obamacare, required states to set up health exchanges where citizens could purchase health insurance. Cooperative federalism, federal govt setting the agenda
Enumerated powers vs implied powers vs concurrent powers vs reserved powers
Enumerated- Delegated to the federal government by the constitution (usually in first 3 articles )
Implied- possessed by the federal government by inference from those powers delegated to it by the constitution
Concurrent- possessed by both federal and state governments
Reserved- the constitution states that any powers not delegated to the federal government nor prohibited by it to the states are reserved to the states and the people
What is the necessary and proper clause and the supremacy clause
Necessary and proper- article 1 section 8 congress can make laws necessary and proper to carry out federal government duties - ambiguous
Supremacy- article 6 states that the constitution is the supreme law of the land
Analyse US elections on
-significant to representative democracy
- legitimacy and mandates
- representation and accountability, trustee/ delegate
-political equality
-offer voters choice
-consent and social contract
- does it form govt?
Does it successfully elect representatives?
What is amendment x
Reserved powers
What is the commerce clause in article 1 section 8
Gives congress the ability to regulate inter state commerce
(Marijuana technically still federally illegal)
