*federalism -Evaluate the view that US constitution uphold federalism (30)

Topic 1

Amendment process vs commerce clause (article 1 section 8)

For 1

¾ states approval to ratify amendment -Equal rights amendment rejection

37/12000 (approx) passed

Against 1

United states v Lopez 1995

Gonzalez v Raich 2005

Mini judgement 1

Overall while the amendment process strongly protect states power and make constitutional changes extremely difficult, stronger argument is that the broad interpretation of commerce clause allow the fedearl gov to expand its authority, undermining states decision making.

Topic 2

10th amendment vs 16th amendment

For 2

Dobbs v Jackson 2022

United States v Lopez 2005

Against 2

Race to the top 4.3 billion funded to any state reached 20 of programme’s education target -despite education being a reserved policy area for the states

2021 American rescue plan act

200 billion federal funding for covid relief-condition: not reduce tax rate for next 4 years (tax mandate)

Mini judgement 2

Despite 10th amendment protection over federalism and state’s autonomy, the use of 16th amendment in reality with federal gov control of fiscal policies have had more significant impact on states’ autonomy, eroding federalism

Topic 3

elastic clause (necessary and proper clause article 1 section 8 ) vs new federalist movement

For 3

USA Patriot Act 2001

Obama DACA -memoranda

Against 3

Dobbs v Jackson (strict constructionist majority SC)

Trump EO: 14242 2025-closed down the federal gov department of education -giving education decision making back to states

Mini judgement 3

Though the vagueness of elastic clause allow scope for federal gov to extend its authority, arguably infringing federalism by limiting state’s autonomy, the stronger argument here is that new federalism movement under Trump has created wave for smaller federal gov, restored state’s autonomy, thereby strengthening federalism