Federalism Flashcards
what happens if there is a conflict between federal and state law?
federal law supersede state law
where is supremacy clause in the constitution ?
article VI
what does supremacy clause state?
federal laws pursuant to Constitution are supreme law of the land
what law did Jan Brewer sign?
SB 1070 - Arizona law
what was SB 1070?
required police to determine immigration status of someone arrested or detained when there is “reasonable suspicion” they are not in the US heavily
what happened to SB 1070?
multiple provisions were struck down as violation supremacy clause
how does supremacy clause suggest US is not federal?
all power lies with fed govt, can make any law they want, regardless if it conflicts with stat law
what can states do regarding federal law?
ignore it
what act made Marijuana illegal ?
1970 controlled substances act
give some examples of states where marijuana is legal?
Washington, Colorado and california
how does states ignoring federal show US as federal?
- fed govt cannot enforce laws
- states can just ignore it - giving them power
- little fed govt can do
what can SC do to state laws?
overturn them in rulings
what did Fletcher v Peck (1810) establish?
SC had power of JR over state laws/actions
what did Obergefell v Hodges (2015) do?
- created constitution right to gay marriage
- ruled that same sex marriage was protected under 14th amendment
how did Obergefell v Hodges (2015) affect certain states?
overturned law in 13 states where gay marriage was not legal
how does SC rulings show US as not federal?
- fed govt can impose power on states by overturning laws
- nothing states can do to appeal
what power does SC lack regarding their rulings?
powers of enforcement
what did Brown v Topeka (1954) rude?
racially segregated schools violated equal protection clause of 14th amendment
when was last segregated school closed?
march 2017 in Mississippi
how does lack of enforcement powers show US as federal?
- no repercussions for states not adhering to SC rulings
- states can manipulate fed govt
how many states have passed ‘heartbeat laws’ in relation to abortion?
5 - Lousiana, Georgia, Kentucky, Ohio and Missisipi
what are ‘heartbeat laws’?
- makes abortion illegal as soon as foetal heartbeat is detectable
- normally occurs around 6 week mark of pregnancy, before many women know they are pregnant
what SC rulings do ‘heartbeat laws’ violate?
Roe v Wade 1983
where is commerce clause in constitution?
article 1, section 8, clause 3
