The US Does Not Remain Federal

Question 1

Constitution

Answer 1

The Constitution allows Congress to enact all “necessary and proper” laws, which gives it powers beyond the scope of the Constitution. This can limit the ability of states to make their own laws. The Commerce Clause of the Constitution gives Congress the enumerated power “to regulate commerce with foreign nations, and among the several States, and with the Indian Tribes”. The Commerce Clause is used to make certain drugs illegal at the federal level. Congress used the Commerce Clause to argue that it was legal to mandate that all citizens purchase health insurance.

Question 2

Federal Departments

Answer 2

The US federal government has increased the departments and posts in the Cabinet that there are - so the federal government has more power over different aspects of life that would previously have been left to the states. For example, the Department of Homeland Security was created in 2002, and the Department for Education was created in 1979.

Question 3

Federal Grants

Answer 3

The federal government can issue categorical grants which must go to a specific purpose, restricting the ability of the states to make policy.

Question 4

Supreme Court

Answer 4

More cases have been submitted to the Supreme Court rather than state supreme courts and federal courts.