federalism

Fragmentation and Patchwork Policies

Federalism leads to diverse state-level policies on issues like abortion, marijuana, and gun control, resulting in significant legal differences across states.

Nationalization vs state rights

The federal government faces challenges from states regarding healthcare, environmental regulation, and civil rights, highlighting the tension between state and federal authority.

Collective Action Problems

Large-scale issues like climate change and healthcare require federal intervention, as states often struggle to address these problems independently.

Cutthroat Competition

States compete for businesses by offering tax breaks and deregulating industries, which can harm vulnerable populations and necessitate federal oversight.

Intergovernmental Conflicts

States challenge federal authority through lawsuits, exemplifying the ongoing struggle between state and federal governments in contemporary America.

Dual Federalism

A system where state and national governments operate in mutually exclusive spheres of sovereignty, as described in Federalist 45.

Shared Federalism

A model recognizing that both national and state governments jointly provide services to citizens, leading to overlapping responsibilities.

New Deal

A series of economic regulations and relief programs initiated by President Roosevelt to combat the Great Depression, establishing economic management as a federal responsibility.

Great Society Program

Initiated by President Johnson, this program expanded federal involvement in social welfare, including Medicaid for low-income families and disabled Americans.

Nationalization

The process where states shift responsibility for collective action problems to federal authorities, often due to the need for coordination.

Supremacy Clause

A constitutional provision asserting national authority over conflicting state laws, often tested by advocates of states' rights.

Elastic Clause

Also known as the Necessary and Proper Clause, it allows for the expansion of federal authority over time.

McCulloch v Maryland (1819)

A landmark Supreme Court case that established federal supremacy and justified the creation of a national bank, marking a significant victory for federal power.

Collective Action

The inability of states to manage large-scale issues independently, leading to nationalization of policies during the New Deal and Great Society.

Spillover Effects

Policies enacted in one state can impact neighboring states, necessitating interstate coordination or federal regulation.

No Child Left Behind Act

A federal education policy that shaped state-level education systems, despite resistance from some states.

COVID-19 Pandemic

Highlighted competition among states for essential resources, illustrating the challenges of federalism in crisis situations.

Dobbs v Jackson Women’s Health Organization

A Supreme Court ruling that shifted abortion rights authority to states, deepening policy fragmentation between conservative and liberal states.