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)
Where is the Ineligibility clause in the constitution
Article 1 section 6
What does article 1 section 8 detail
Necessary and proper clause, power to coin money and power to declare war.
How many republican senators voted in favour of the UN Convention on persons with disabilities
8
What Act did Citizens United v FEC focus on
The Bipartisan election reform act 2002
Give an example of immigration policy within states
2024, Texas passd SB 4 which allows local law enforcement to enact federal immigration policy.
In what way has Trump threatened state power in 2025
Trump administration official confirmed Thursday that states failing to comply with federal orders to house inmates based on their biological sex can expect “imminent changes” – and Maine “will not be the last” state to have prison funds slashed.
