table: state power protection
does the us constitution provide significant protection of state power?
yes: | no: |
the 10th amendment and the article 1 protect state power and forbid Congress from going beyond its enumerated powers | federal mandates have developed extensively, giving the Federal Government significant control of policy |
the amendment process is the ultimate protection ensuring that state power cannot be unilaterally reduced by the Fed Govt | any reversals in federal mandates in recent years have been limited n do not offset the major gains in federal power since the 1930s |
the Commerce Clause limits the power of the Fed Govt as it can only regulate inter-state commerce | the Commerce Clause n necessary n proper clauses are particularly vague n have allowed an expansion of federal control of business n economic matters |
states raise the majority of their own revenue and have a great deal of control over how they spend their own money | the Fed Govt is in a superior economic position and can use this to provide aid in which states then carry out federal policy priorities |
states can and have refused federal funding, esp when this funding comes with policy conditions imposed by the Federal Government | the Fed Govt can impose conditions of aid and threaten the withdrawal of funds if states do not comply with federal demands |
the SC has used its power to strike down federal laws specifically because they restrict state power under the 10th Amendment or the Commerce Clause | the SC has allowed a major expansion of federal power esp between 1930 n 1992 |
the SC has been more aggressive in recent years in protecting state power | in recent years the SC has upheld federal mandates eg the Affordable Care Act |
in some areas federal regulations have been undermined eg the federal protection of voting rights | the SC itself has imposed new federal standards on the states w interpretive amendments limiting state control of their own policies. the guarantees of abortion rights n gay marriage are 2 strong examples in the cases of Roe n Obergefell |
w