Federalism and debates

Question 1

What arguments are there that the difficulty around amending the constitution is a strength?

Answer 1

• The constitution may still be amended within reason to improve sustainability of the US
• short term demands and aims unlikely to be achieved with the constitution,
• rights are effectively enshrined by the constitution and are difficult to overturn (remaining enforced and preserved by the SC).

Question 2

What arguments are there that the difficulty to amend the constitution is a weakness?

Answer 2

• The difficulty in amending the constitution has allowed outdated and unsuitable amendments to remain, supermajorities restrict amendments from being passed, the will of the people is ignored if a majority is achieved but no supermajority, the Founding Fathers favoured constitutional amendments to adapt to changing situations.

Question 3

What % of constitutional amendments have successfully been passed and ratified?

Answer 3

Only 0.2% of all constitutional amendments have been passed and ratified.

Question 4

What arguments are there that the constitution’s vagueness is a strength?

Answer 4

The Supreme Court is able to produce interpretative amendments to ensure the relevance of the constitution in the modern day. This also means that implied powers can be used by the federal government to allow it to fulfill a complete and active role as a government rather than being limited to extremely few powers.

Question 5

What examples are there of interpretative amendments ensuring that the constitution remains relevant to the modern day? (3)

Answer 5

Roe v Wade - secured the right to abortion by approving its constitutionality.
Obergefell v Hodges - secured right to same-sex marriage under the 14th Amendment.
Carpenter v United States - ruled that acquiring mobile phone data was a 4th Amendment search, requiring a warrant.

Question 6

What arguments are there that the constitution’s vagueness is a weakness?

Answer 6

Some more conservative groups argue that the constitution should be amended rather than manipulated through interpretative amendments, the vagueness of Article II of the constitution has allowed the President to dominate US Government (at the expense of Congress), a broader interpretation of the constitution than originally envisaged is occurring.

Question 7

What arguments are there that the constitution’s protection of rights is a strength?

Answer 7

The 1789 Bill of Rights sets out entrenched provisions to protect the rights of citizens and their individual freedoms. These rights also protect against excessive government control. The 15th Amendment expanded voting rights to all citizens, the Bill of Rights protects individual freedoms, interpretative amendments (Brown v Board etc) have guarded rights.

Question 8

What arguments are there that the constitution’s protection of rights is weak?

Answer 8

People not all equal under the constitution, with USA still fraught with racial injustice (George Floyd). Constitution doesn’t prevent death penalty, has permitted slavery, has allowed interpretative amendments to undermine rights (Shelby County v Holder offsetting protection of voting rights).

Question 9

What arguments are there that the separation of powers is a strength of the constitution?

Answer 9

The separation of powers has created largely independent and autonomous state governments that are free of federal interference, checks and balances prevent government tyranny, requires that bipartisan cooperation takes place across branches of government in order to legislate at times of divided government (increasing consensus and compromise).

Question 10

What arguments are there that the separation of powers is a weakness of the constitution?

Answer 10

The federal government now has excessive control over the states, the President has excessive power over foreign policy, bipartisanship has faltered and given way to polarisation and partisanship (making it difficult to legislate), united government creates weaker scrutiny, government shutdowns have occurred when Congress and Executive have failed to agree budgets.

Question 11

What % of bills became law in the 1980s? What % of bills become law now due to partisanship?

Answer 11

6-7% of bills became law in the 1980s, with this declining to 2-3% nowadays due to partisanship.

Question 12

How were elected bodies and elections limited in democracy by the original constitution? How has this changed over time?

Answer 12

The Senate used to not be elected, while the electorate was limited to white, property-owning males. Over time, this electorate has expanded (extended to all citizens), while the Senate is now also a directly elected body.

Question 13

How was state representation limited in democracy by the original constitution? How has this changed over time?

Answer 13

State representation initially based on a population calculation where slaves were counted as 3/5 of a person instead of as a whole individual. However, over time, slavery has been abolished and former slaves have become citizens. Voter qualifications ended.

Question 14

How was the appointment of a Senate limited by the original constitution? How has this changed over time?

Answer 14

The Senate was previously appointed by state legislatures rather than being directly elected, meaning that an entire legislative body was unelected and had significant influence. The 17th Amendment created the direct election of the Senate following widespread disconnection between the body and the people.

Question 15

How was the election of a President democratically limited in the original constitution? How has this changed over time?

Answer 15

The President was elected by an electoral college appointed by state legislatures under the original constitution, placing major power in the hands of an unelected few. This has since changed to a system where state legislatures directly elect their electoral college voters, meaning that a result more closely matches the popular vote.

Question 16

How was the drawing of congressional boundaries democratically limited in the original constitution? How has this NOT changed over time?

Answer 16

Individual states were allowed to draw their own congressional districts for House of Representative seats. This practice continues to this day, where parties in control of legislatures for particular parties have the power to exploit district boundaries to create an electoral advantage. Known as gerrymandering.

Question 17

What are positive and negative impacts of elections under the US constitution?

Answer 17

Positive - frequent elections encourage high levels of accountability, short terms and a separation of powers can produce accountability and consensus driven government.
Negative - electoral college may produce a result which goes against the popular vote result.

Question 18

What are positive and negative impacts of rights protection under the US constitution?

Answer 18

Positive - checks and balances ensure that no branch can create outright tyranny by exceeding powers, Supreme Court power ensures protection of rights.
Negative - Supreme Court judgements are politically charged rather than directly influenced by law. May offset rights or make it difficult for a government to carry out policy.

Question 19

What are positive and negative impacts of states’ rights under the constitution?

Answer 19

Positive - states are well protected and have the majority of powers reserved to them.
Negative - federal government largely dominates policy making and has been known to infringe on the rights of the states.

Question 20

What are positives and negatives of preventing government power under the constitution?

Answer 20

Positives - checks and balances prevent one single aspect of government from exceeding the powers of another.
Negatives - governments can find it extremely difficult to amend the constitution, preventing necessary change and failing to adapt to modern times.

Question 21

What positives and negatives are there of government effectiveness under the constitution?

Answer 21

Positives - constitutional vaguness allows the government to operate effectively by allowing policy decisions to adapt to modern society within the constitution’s provisions.
Negatives - loopholes may be exploited due to constitutional vagueness, with Executive orders an example of this (allowing the Exec. to dominate other branches), gridlock created by a constitution built on bipartisanship, limiting the effectiveness of policy making.

Question 22

What examples are there of the variation of laws between states in the US, evidencing the nature of a federal government?

Answer 22

The use of the death penalty varies from state to state, taxes are set at a federal level and supplemented by state taxes (7 states have 0% tax), marijuana usage is legalised in certain states and strictly barred in others.

Question 23

What evidence is there of the continued authority of state governments in the field of illegal immigration?

Answer 23

Some states allow ‘sanctuary cities’, where illegal immigrants are protected from identification as such by federal immigration officials.

Question 24

What Supreme Court rulings have reasserted the authority of the states over the federal government?

Answer 24

US v Texas saw the SC strike down Obama’s use of an EO to implement immigration reforms due to costs to the states. Sebelius (2012) struck down Medicaid provisions in Obamacare due to the fact that states were threatened with withdrawal of federal Medicaid grants if they didn’t participate in Obamacare.

Question 25

What arguments exist that state governments retain significant autonomy over their actions?

Answer 25

Laws still vary across states, electoral practices are delegated to the states, state governments retain a role in managing national crises, state governments oversee much of healthcare provision/illegal immigration policy.

Question 26

What arguments exist that the federal government is challenging state autonomy?

Answer 26

The federal government is hugely involved in taxation and federal financing, federal government’s role in healthcare has grown, the federal government coordinates national crisis responses, education role has expanded, Supreme Court rulings have grown the role of the federal government.

Question 27

What past and recent examples exist of federal government taxation and budgeting intervening in typically state government areas?

Answer 27

1930s New Deal stimulus package, $3tn COVID recovery package under Biden, $787bn stimulus after 2008 Financial Crash, Hurricane Katrina rebuilding and aid.

Question 28

What Supreme Court ruling suggests that the federal government maintains its powers over state autonomy?

Answer 28

The National Federation of Independent Business v Sebelius ruling maintained the Affordable Care Act and its involvement in forcing state governments to fund medical schemes.

Question 29

What is layer cake federalism? What is marble cake federalism?

Answer 29

Layer cake federalism is where state and federal governments have clearly defined restrictions on their powers and authority.
Marble cake federalism is where there is a pragmatic and loose mixing of authorities at national, state and local levels (FEDERAL GOVERNMENT REMAINS DOMINANT).

Question 30

What are concurrent powers of the federal and state governments?

Answer 30

Concurrent powers between federal and state governments include making constitutional amendments, levying taxes, establishing and running courts.

Question 31

What powers are available only to STATE governments?

Answer 31

State governments oversee local governments, regulate electoral practices, maintain militias, assume powers not directly delegated to the federal government by the Constitution.

Question 32

What powers are available ONLY to the federal government?

Answer 32

The federal government can provide an armed forces, declare war, conduct foreign relations, coin money, make laws ‘necessary and proper’ to fulfil powers.

Question 33

What arguments exist today that federalism does not function?

Answer 33

Federalism may frustrate the ‘national will’, may complicate problem solving, may create conflict due to disputes between federal and state government, is overly bureaucratic and costly to run.

Question 34

What arguments exist today that US Federalism still functions?

Answer 34

Federalism creates more government access points, provides more security for individual rights and liberties, allows policy to be experimented with at local level prior to national implementation, is well suited to a geographically large and diverse nation.

Question 35

Which policy of Obama’s suggests a changing federal/state relationship?

Answer 35

Obama sought to reform healthcare and provide universal healthcare insurance for those who were unable to afford this. This placed greater onus on the role of the federal government intervening in the lives of individuals.

Question 36

By what % did federal government spending increase under Bush? What 4 areas was the majority of this funding focussed on?

Answer 36

Federal government spending increased by 33% under Bush. The majority of this funding was focussed on education, medicare, homeland security/defence and the economy.

Question 37

What occurred with regards to federalism from the 1970s-2000s with regards to ‘New Federalism’ and the ‘Unfunded Mandate’

Answer 37

‘New Federalism’ - saw greater responsibility reverting to the states from powers previously held by the federal government. A sort of decentralisation.
‘Unfunded mandate’ - legal obligations and expectations placed upon the actions of state governments without additional federal government funding.

Question 38

Describe federalism in the 1780s-1920s and 1930s-1960s respectively

Answer 38

1780s-1920s: state governments exercised the majority of political power, with focus mainly on the rights of states.
1930s-1960s: Wall Street Crash and Great Depression saw a launching of federal govt. involvement in lives of people, exceeding state governments. NEW DEAL.

Question 39

What principle is key to the idea of Federalism?

Answer 39

Federalism revolves significantly around the idea of decentralisation, with this distributing powers equally between the states and ensuring that the government at a federal level would not become excessively powerful over indiviuals ore their states.