The Constitution and Federalism Flashcards
How are amendments to the constitution made
2/3 Congress and 3/4 State legislatures.
Hypothetically 4% of the population could disagree with an amendment in order for it not to be passed.
Equal rights amendment 1972
Passed by congress but only by 35/the 38 states needed to make it an amendment. In the wake of the #metoo movement 3 more states ratified but 5 had unratified by the time this happened.
How is state power limited in the consitution
Article 1 Section 8 - “necessary and proper clause” and the commerce clause.
E.g. NFIB v Sebelius 2012 ruled that the “individual mandate” of ACA was a legitimate exercise of Congress’s power under the 16th amendment.
How many proposed amendments have there been
Over 11,000 (27 made into constitution)
What was Arizona v US
A court case which declared SB1070 unconstitutional because it violated Congress’s authority to “establish a uniform rule of naturalization”. Arizona could not criminalise immigrants for failure to carry immigration papers or for working.
NFIB v Sebelius in FAVOUR of state rights?
Declared that the expansion of medicaid or threat to lose current medicaid funding was a violation of state sovereignty.
Printz V US 1997
Declared that the obligation of the Brady act to complete background checks on people buying guns was unconstitutional.
Article 1 Section 8
Commerce clause - gives Congress the power to regulate commerce with foreign nations.
Gonzales v Raich 2005 - upheld federal powers to control the distribution of marijuana.
How many states challenged the individual mandate of the ACA
28
What was the “public option” of Obamacare
A government run health insurance plan to compete with private insurers (to win moderate support, this was removed from the bill)
