Federalism

What is federalism ? the division and sharing of power between the national and state governments

AO2 Examples

George W. Bush

Example of state power : Gonzales v Oregon ‘06 allowed state-sponsored euthanasia in defence of US Attorney General Alberto Gonzales

Examples of federal power: No Child Left Behind Act 2002 - allowed for uniform school testing, USA PATRIOT Act 2001 - expanded the rights of federal govt. to detain people and collect info about them

Barack Obama

Examples of state power: Texas Vs US - SCOTUS struck down Obama’s DAPA executive order due to the costs to the states.

Examples of federal power: Obergefell Vs Hodges 2015 - SCOTUS effectively legalised same-sex marriage nationally, PPACA 2010 expanded insurance and gave more individual rights

Donald Trump

Example of state power: Carpenter v US 2018 - SOCTUS found that federal govt. must obtain a warrant for a citizens cell phone location records

Example of federal power: The Cole Memo - the Justice Department said it would not enforce federal restrictions on marijuana where states had legalised it except in certain circumstances ( i.e. if firearms are involved ),

Joe Biden

Example of state power: Abortion and heartbeat bills - a large number of states tried to put in place greater restrictions on abortion

Example of federal power: The national Covid 19 response - including attempting to pass the eviction moratorium and vaccine mandate