US Constitution: Federalism

What are the exclusive powers of the federal government?

Foreign affairs, immigration, treaties, coining money, regulating inter-state trade

What are the exclusive powers of the states?

Regulating trade WITHIN states, elections, ratifying constitutional amendments, marriage and family law

What are the concurrent powers between the states and federal government?

Levying taxes, spending on welfare, passing/enforcing laws,

Example of SCOTUS enhancing state power:

Dobbs v Jackson gave control over abortion back to states, in Texas v US DAPA was struck down as an overreach into state power, Rucho v Common Cause maintained state control over elections

Example of SCOTUS limiting/decreasing state power:

In DC v Heller and the 2022 Bruen Case state laws on guns were struck down due to the 2nd amendment, 2013 Arizona v Inter Tribal Council of Arizona strikes down Arizona's law requiring proof of citizenship to vote in federal elections because it conflicts with 1993 National Voter Registration Act

Example of the executive enhancing state power:

Obama's 'Cole Memo' meant that the federal government would step back in prosecuting people on marijuana charges allowing states to decide on this, 1980s New Federalism

What are block grants and how do they enhance federalism?

Block grants is when money is allocated by the federal government to the states, but states have more flexibility with how they choose to spend it- allows state diversity and autonomy to be retained

What are categorical grants and how do they detract from federalism?

When the federal government effectively coerces states into adopting policies through only offering funding to states who listen to the federal government

Example of block grants:

The Temporary Assistance for Needy Families (1997) block grant allow states to spend on welfare

Example of categorical grants:

Race to the Top + NCLB have states compete for funding through changing their education policy

Example of federal intervention into educational policy:

NCLB ordered states to standardise their educational practises and testing and Race To the Top

How many dollars were offered under the Race to the Top programme?

$4.35 billion

What is an unfunded mandate?

When the federal government requires that a state do something without them providing the money for them to do so?

What was the Unfunded Mandates Reform Act 1995?

Attempted to limit how many unfunded mandates the federal government was imposing on the state through increasing oversight

What happened in NY State Rifle and Pistol Association v Bruen (2022)?

NY tried to limit the right to carry handguns and SCOTUS deemed the law unconstitutional (its like DC v Heller all over again)-- reinforced DC v Heller + McDonald v Chicago

What is the American Legislative Exchange Council and its relevance for federalism?

It is a Conservative interest group which helps states to draft laws by sharing ideas and model legislation

Example of states missuing their policy power (drugs)?

Oregon drug decriminalisation-- they reverse it after a rough 3 years

Which state healthcare reform partly inspired Obamacare?

Healthcare reform in Massachusetts with Romney as governor

Which states have banned drag performance in public?

Texas, Tennessee, Montana

Which policy laboratory policy was Biden unable to implement?

Introduction of pre-k education through the Build Back Better Plan-- federal government is so dysfunctional they can't even use state policies as tests

How does federalism being close to people in ways inhibit democracy?

It allows interest groups and elite groups to have too much access-- e.g American Legislative Exchange Council effectively drafts anti-union laws on behalf of states

Example of federalism bringing government closer to the people:

Ballot initiatives and referendums, cash bail abolition movement in Chicago directly challenges state government-- Illinois abolishes cash bail

How many states have legalised marijuana?

23 states

Which act tried to reduced unfunded mandates, empowering states?

Unfunded Mandates Reform Act

Which policy did Obama force North Carolina to introduce through funding coercion?

He threatened to withdraw funding from North Carolina unless they changed to law allow trans people in their genders bathrooms

What had Biden intended to do since Dobbs v Jackson?

He wanted Congress to pass law protecting abortion and he said he veto congressional law banning abortion-- attempting to take power away from states again after freedom

Which act made marijuana illegal in federal law?

1970 Controlled Substances Act

Texas protecting its state's autonomy with the American Rescue Plan 2021?

Texas refused federal aid under the plan because acceptance would reduce the state's control over economic policy

Which states have experimented with postal voting due to state control over elections?

Washington DC and Oregon

Which state has used online voting?

Arizona

2015 Clean Power Plan (state flexibility)

The plan aimed for states to reduce CO2 emissions but allowed variation and freedom for HOW they pursued that aim

How much did Race to the top offer?

$4.35Bn

2013 Arizona v Inter Tribal Council of Arizona

SCOTUS struck down Arizona law requiring proof of citizenship for voting because it conflicted with federal law

How many state governors opposed Obama's use of the 1980 Refugee Act?

31 state governors opposed him allowing thousands of Syrian refugees in the country under the act but could not do anything about it

In 2018, only _____ out of _______ federal grants to the states were block mandates

2018: only 21 out of 1,274 grants were block grants-- increase in categorical grants

Was the response to Covid 19 federal?

Yes-- the government led on economic policy but largely left it to the states to response (e.g Arkansas never issued a stay at home order while New York quickly responsed to Covid)

Still learning (19)

You've begun learning these terms. Keep up the good work!