How federal is the US today?

Question 1

One argument its still federal (think about states and laws)

Answer 1

• Each state is able to decide upon and enforce a wide variety of laws.
• For example, the recreational use of marijuana is legal in nine states

Question 2

Another argument its still federal (supreme court and states)

Answer 2

• The Supreme Court has ruled in favour of states against federal government.
• For example, Texas v US [2016] overturning DAPA

Question 3

An argument its not federal (think about federal government)

Answer 3

• The growth of federal government seems to increasingly encroach upon state ‘reserved powers’.
• Example: In Kentucky, a clerk was imprisoned for refusing to issue same-sex marraige licenses after it was legalised.

Question 4

An argument that its not federal (supreme court and federal government)

Answer 4

• The Supreme Court has also ruled for federal government, further centralising political power.
• Example: In upholding Obamacare in the NFIB v Sebelius case, for example, the federal government seems now to have vast power over healthcare.

Question 5

Overall: Is the US still federal today?

Answer 5

• In many ways the US does remain federal today. However, the nature of federal-state relationships and changes over time suggests that the answer is not simply ‘yes’ or ‘no’. Rather, it depends on the issue, the governments and the national circumstances.

Question 6

Another example that federalism has eroded: Gonzales v Cathcart

Answer 6

• Ruling where the Supreme Court upheld the federal partial birth abortion act