Federalism 2.0 Flashcards
what is Federalism
Federalism is when the government power is divided between the national and state government. Both national and state governments have large amounts of control over specific areas of government and this is set largely in the constitution.
Federalism under Bush jr.
Republicans generically want a small government and reduction of federal power and also spending and move towards state control and state power.
They thought he would shrink the federal government and decentralize, but the opposite was true. There was a 33% increase in government spending and the federal budget grew as a percentage of total GDP.
Federalism under Bush Jr.
- No child left behind led a massive increase in federal spending and an increased role in education-annual national testing, more money for the poorest schools, federal funded reading programs.
- Medicare-benefits worth 400 billion in 10 years to the over 65.Some republicans voted against these policy.
- Homeland security as a response to the 9/11 attack.125 percent increase in defense spending, homeland budge went from 13 billion to 69 billion.
- Economic crisis: The federal government took control of two mortgages companies who were responsible for lending out 6 trillion of mortgages and gave a 700 billion bailout to the wall street banks.
Federalism under Obama
- As a democrat it’s expected for the power of federal government to grow and we do see this to an extent for example federal government assistance to states increased-giving the states more money to encourage improvement of particular areas such as the children health insurance, expansion of Medicaid and race to the top education program. The stimulus package 2009 saw 246 billion go to states.
- The expansion of Medicaid was controversial as states had to join in the expansion of Medicaid(make Medicaid available to a much wider group of people) or lose their federal funding(technically this is blackmail) -and because of this the federal power was challenged by some of the state courts. They were actually successful in 2012 and the program was deemed unconstitutional striking down this part of the affordable care act.
Federalism under Trump
- Over the covid-19 there has been a swing policy between saying e.g. that state and its politicians have responsibility for dealing with the issue(Covid-19) to threatening to override state actions he disagrees with.
- He also heaped praise on some states(who have had large outbreaks) whilst criticizing those who were slower out of lockdown.-Denotes responsibility.
- Before Covid-19 his extensive use of executive orders can be seen as expanding federal power.
- states and cities frustrated with Trump over his immigration policy, with conservative policy by the federal government being blocked by more liberal state politicians is a role reversal from the norm in the debate over federalism.
consequence of Federalism
- Legal: Huge variation is laws such as driving age, marriage age ,legality of drugs, use of death penalty.
- policy: state have laboratories where policies are tested out /tried out
- Elections: all elections are state based and states make the rule on how they are carried out. e.g. on-line voting, postal voting, etc.
- Political parties: state based and no real national control and variation in ideology.
- Economic :Economic variation insoles tax ,complexity in tax system on income and property.
- Regionalism: each region are different and has different cultures.
comparison between US and UK-Codification
CODIFIED/UNCODIFIED
-The Us constitution is codified because it’s written down in a single document whilst the Uk isn’t as many sources make up the constitution.
- This is largely down to the history of the two countries-the US born out of revolution with the founding fathers creating a nation from scratch whilst the uk evolved over hundreds years with the monarchy retreating and democracy developing.
- The US constitution is very much a product of an 18th century society that had won independence from a distant imperial power. whilst the Uk constitution with its flexibility and uncodified nature due to the lack of a revolution in modern Britain.
People in America complain about their constitution and how rigid it is and question whether their constitution is out of date meanwhile in the uk people complain whether the constitution is too fluid, flexible and their rights aren’t written down anywhere.
US and UK-sources
- The US constitution is codified therefore in one single document. There have been 27 amendment. The supreme court plays a key role in interpreting the constitution(makes key judgement in regard to the bounce of power between the state and federal government).
- The UK-uncodified therefore many sources: statute law, common law, conventions, authoritative, authoritative works and treaties.
- The is also a degree of vagueness in both constitution that leave gaps in the modern day that politicians find ways around e.g. Executive orders and military action without declaring war in the US. In the UK we’ve seen recent confusion over the proroguing of parliament and minister breaking the ministerial code(example Priti Patel) but not being sacked or resigning. Therefore there is that degree that doesn’t bind the ministerial code as what the PM does is up to him.
Separation of powers
Separation of powers: very strong in the US with the system set up to prevent anyone from being in two branches at the same time. The president is elected separately from the legislature. only slight crossover kicks in if senate in equally split and vice president cast deciding vote.
THE PRESIDENT CAN’T CONTROL CONGRESS AND CONGRESS CANNOT COMPLETE CONTROL THE PRESIDENT.
- In the UK separation of powers is weak with the executive coming out but of the legislature with the pm and almost all of the cabinet sitting in the HOC .Things have improved with the supreme court replacing the law lords.
- The Uk has a parliamentary sovereignty whilst in the us the constitution in sovereign. THE LACK OF SEPARATION OF POWERS IN THE UK MEAN THAT THE EXECUTIVE CAN BE ALL POWERFUL LEADING TO AN ELECTED DICTORSHIP. In thus elections can leave a president facing legislature dominated by other party. Boris Johnson has a large majority and so unless there’s is a large scale backbench rebellion. He can do as he pleases.
UK and US-checks and balances
- Both the Uk and US have checks and balances between the executive, legislature and judiciary. they are however stronger in the us.
- In the uk parliament can block government bills example Brexit saga which led to the defeat of may and force them out with a vote of no-confidence. The HOL can delay government decision but not reject them. The supreme court can reverse government actions. therefore if the govt. has a strong majority in the commons little can check the PM’s power.
- in the US congress can block presidents bills, overturn his vetoes, reject his appointments and treaties and impeach him or other members of the executive.it has the power of the purse and ability to declare war. The president can veto bills, nominate judges and is commander in chief. The supreme court can deem laws and executive actions unconstitutional.
US and UK-Amendment process
THE US constitution is less flexible and more difficult to change than the uk constitution but they can both be changed.
-In the UK if the government dislikes a judicial decision or feels an element of the constitution is out of date they can simply change it through an act of parliament.
-In the us there is tough amendment procedure involving 2/3rds of both houses of congress and ¾ of states having to agree. More frequently it comes down to the SC decision to bring about constitutional development,
massing the make up the court key(fuss over trumps appointments with decisions the aca and abortion likely in the near future).
Federalism vs Devolution
The us is a large and diverse country in which federalism has been a part of 6the political system since the creation of the constitution. The UK is made up of our four nations but was a unitary system for centuries. THE introduction of devolution since 1997 seems to have moved the UK towards the us system.
However states in a federal system holds rights and powers of their own not dependent on central government, this is not true in the UK were devolved powers could be withdrawn by parliament.in the UK the system is not uniformed whilst in the us, states have much greater power than UK devolved institutions.
The idea that devolved powers could be removed seems far fetched and states face challenges to their power from SC judgements and encroachment by the federal government.
Structural approaches
Most obvious approach in connection to constitutions as they set out the most structure of the countries’ political systems.
The constitution set out separation of power and check and balances. both give legislature the power to check the actions of the executive but in the US these powers are stronger and the two branches are more distinct.
The US constitution disperses sovereignty whilst in the UK it rests in Parliament which does not have the same restrictions placed on it as are on Congress. Both countries have largely independent judiciaries.
The constitution set out the amendment procedures giving the UK much greater flexibility than the US
