federalism on Bush, Obama, Trump, Biden, and Trump 2

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1
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George W. Bush

2000-2008

development of state power

development of federal power

  • Gonzales V Oregon (2006) effectively allowed state sponsored euthanasia, in defiance of the US Attorney General Alberto Gonzales

  • Medicaid waiver given to Massachusetts to allow Governor Romney to introduce a universal health insurance programme.

  • USA PATRIOT ACT 2001 expanded the tights of federal government to detail people and collect information about them

  • Medicare prescription Drug Modernisation Act 2003 - expansion of Medicare including prescription drug benefits, cost $400 billion

  • Homeland security - addition of an entirely new cabinet department

  • No Child Left Behind 2002 allowed for uniform school testing

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Barack Obama

2008-2016

development of state power

development of federal power

  • PPACA 2010, at the states urging, Obamacare included power over the provision of medical insurance run by the states themselves

  • Texas v United States 2016 - the Supreme Court struck down Obama's DAPA executive order due to the cost to states

  • The Cole memo - the Justice Department said it would not enforce federal restrict marijuana where states had legalised it except in certain circumstance, for example if firearms were involved

  • Shelby Counter v Holder 2013

  • PPCA 2010 - expanded insurance and gave more individual rights

  • Arizona v United States (2012) - overturned SB1070 law which increased state law enforcement power to enforce immigration laws

  • Obergefell v Hodges 2015 - the Supreme Court effectively legalised gay marriage nationally

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Donald Trump

2016-2020

development of state power

development of federal power

  • Carpenter v United States (2018) - the Supreme Court found that the federal government must obtain a warrant fort a citizen's cell phone location records.

  • Executive order minimising the economic burden of the PPACA - aimed at reversing Obamacare & giving states more control.

  • The Cole memo - new Attorney General Sessions rescinded the Cole memo, saying law enforcement would enforce national marijuana prohibitions

  • Executive order stripping federal grants from 'sanctuary cities' (later found unconstitutional)

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Joe Biden

2020-2024

development of state power

development of federal power

  • Republicaus overtuned Biden's vaccine-or-test mandate in NFIB v OSHA 2022

  • several states implemented abortion bans after Dobbs v Jackson 2022→ 3 states

  • Conservatives sued the federal gorernment over EPA power in West Virginia EPA 2022 → limits federal climate regulation of national power plant rules

  • Colorado expanded voting access through the 2021 vote without fear act and mailed every registered voter a ballot in 2022

  • Georgia Post SB202 in March 2021 imposing strictly ID for male ballots despite Biden Bush ‘for the federal for the people’ Act

  • enforced federal spending through the 2021 American rescue plan by restricting states from using federal Covid funds to offset tax cuts

  • Biden’s Department of Justice Texas in USV Texas 2021 over SBB → federal restriction over abortion knows before Dobbs

  • Expanded federal oversight releasing through consent in Minneapolis and Louisville after federal civil rights investigations in 2023

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Donald Trump

2024-

development of state power

development of federal power

  • New York attorney general prepared litigation to block National Guard deployment by citing Youngstown Street and tube 1952 to argue limits on presidential emergency authority

  • New York City reaffirmed and sanctuary policies in 2025 by refusing is detained a request citing anti-commanding role from Printz v US 1997

  • California, Illinois and Massachusetts coordinated and Amicus coalition in 2025 to contest the federal freeze on infrastructure funds → NFIB v Sebelius 2012

  • Trump froze $18 billion of federal funding to New York Gateway aware of tunnel project in October 25 (fear of Mamdani)

  • Expanded federal immigration by increasing ice arrests at New York’s Varick Street immigration court in 2025

  • Prepared National Guard deployment plans for Los Angeles and Portland in 2025 by invoking authority under insurrection act 1807