Federalism

Question 1

what happens if there is a conflict between federal and state law?

Answer 1

federal law supersede state law

Question 2

where is supremacy clause in the constitution ?

Answer 2

article VI

Question 3

what does supremacy clause state?

Answer 3

federal laws pursuant to Constitution are supreme law of the land

Question 4

what law did Jan Brewer sign?

Answer 4

SB 1070 - Arizona law

Question 5

what was SB 1070?

Answer 5

required police to determine immigration status of someone arrested or detained when there is “reasonable suspicion” they are not in the US heavily

Question 6

what happened to SB 1070?

Answer 6

multiple provisions were struck down as violation supremacy clause

Question 7

how does supremacy clause suggest US is not federal?

Answer 7

all power lies with fed govt, can make any law they want, regardless if it conflicts with stat law

Question 8

what can states do regarding federal law?

Answer 8

ignore it

Question 9

what act made Marijuana illegal ?

Answer 9

1970 controlled substances act

Question 10

give some examples of states where marijuana is legal?

Answer 10

Washington, Colorado and california

Question 11

how does states ignoring federal show US as federal?

Answer 11

• fed govt cannot enforce laws
• states can just ignore it - giving them power
• little fed govt can do

Question 12

what can SC do to state laws?

Answer 12

overturn them in rulings

Question 13

what did Fletcher v Peck (1810) establish?

Answer 13

SC had power of JR over state laws/actions

Question 14

what did Obergefell v Hodges (2015) do?

Answer 14

• created constitution right to gay marriage

- ruled that same sex marriage was protected under 14th amendment

Question 15

how did Obergefell v Hodges (2015) affect certain states?

Answer 15

overturned law in 13 states where gay marriage was not legal

Question 16

how does SC rulings show US as not federal?

Answer 16

• fed govt can impose power on states by overturning laws

- nothing states can do to appeal

Question 17

what power does SC lack regarding their rulings?

Answer 17

powers of enforcement

Question 18

what did Brown v Topeka (1954) rude?

Answer 18

racially segregated schools violated equal protection clause of 14th amendment

Question 19

when was last segregated school closed?

Answer 19

march 2017 in Mississippi

Question 20

how does lack of enforcement powers show US as federal?

Answer 20

• no repercussions for states not adhering to SC rulings

- states can manipulate fed govt

Question 21

how many states have passed ‘heartbeat laws’ in relation to abortion?

Answer 21

5 - Lousiana, Georgia, Kentucky, Ohio and Missisipi

Question 22

what are ‘heartbeat laws’?

Answer 22

• 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

Question 23

what SC rulings do ‘heartbeat laws’ violate?

Answer 23

Roe v Wade 1983

Question 24

where is commerce clause in constitution?

Answer 24

article 1, section 8, clause 3

Question 25

what does commerce clause state?

Answer 25

US congress shall have power to “regulate commerce with foreign nations, and among the several states, and with the Indian tribes”

Question 26

how did Trump cut corporation tax in 2017?

Answer 26

cut from 35% to 21%

Question 27

how does commerce clause show fed govt as powerful?

Answer 27

• imposing economic contraints over states

- democratically controlled states will be opposed to such reforms

Question 28

what does short election cycle mean for states?

Answer 28

give states great power

Question 29

why does short election cycle give states power?

Answer 29

reps on permanent election and have to please ‘folks back home’

Question 30

what is pork-barrel politics?

Answer 30

money added to bills by a congressman for a project in his state to win popularity