Federalism

Notes

  • federalism is often seen as the opposite of a unitary system.

  • Nations with diverse ethnicities, languages, and racial groups will likely adopt key aspects of federalism.

  • Federalism is often seen as a fight between social, economic, and power that influences governments.

  • States directly affect local government.

  • . Roe v. Wade (1973)

    • Date: January 22, 1973

    • Ruling: The Supreme Court ruled that a woman’s right to choose to have an abortion is protected under the right to privacy, which is implied by the Due Process Clause of the 14th Amendment. The Court established a trimester framework to balance the state's interests with the woman's right to privacy.

    • Impact: This landmark decision effectively legalized abortion across the United States and set the precedent for future cases.

    2. Planned Parenthood v. Casey (1992)

    • Date: June 29, 1992

    • Ruling: The Supreme Court upheld Roe v. Wade but also allowed states to impose certain regulations on abortions, as long as they did not place an "undue burden" on a woman's right to choose. The Court upheld provisions such as waiting periods and parental consent laws.

    • Impact: This case reaffirmed the core holding of Roe while giving states more power to regulate abortion.

    3. Stenberg v. Carhart (2000)

    • Date: April 18, 2000

    • Ruling: The Supreme Court struck down a Nebraska law banning partial-birth abortion, ruling it unconstitutional because it did not include exceptions for the health of the mother and imposed an undue burden.

    • Impact: This ruling reaffirmed protections for abortion procedures and emphasized the importance of a woman's health.

    4. Gonzales v. Carhart (2007)

    • Date: April 18, 2007

    • Ruling: The Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003, ruling that the law did not impose an undue burden on women’s right to seek an abortion. The Court found that the government had a valid interest in regulating certain abortion procedures.

    • Impact: This case marked a shift in the Court's approach, allowing more restrictions on abortion.

    5. Whole Woman's Health v. Hellerstedt (2016)

    • Date: June 27, 2016

    • Ruling: The Supreme Court struck down Texas laws that imposed strict requirements on abortion clinics, ruling that they constituted an undue burden on women’s access to abortion services.

    • Impact: This decision reaffirmed the standard set in Casey and emphasized that a legitimate health interest must justify regulations.

    6. June Medical Services v. Russo (2020)

    • Date: June 29, 2020

    • Ruling: The Supreme Court ruled against a Louisiana law requiring abortion providers to have admitting privileges at nearby hospitals, stating it imposed an undue burden on women seeking abortions.

    • Impact: This case further solidified the precedent that states cannot impose burdensome regulations that limit access to abortion.

    7. Dobbs v. Jackson Women's Health Organization (2022)

    • Date: June 24, 2022

    • Ruling: The Supreme Court overturned Roe v. Wade, ruling that the Constitution does not confer a right to abortion. The decision returned the authority to regulate abortion to the states.

    • Impact: This ruling has led to significant changes in abortion access across the country, with many states enacting restrictive laws or outright bans on abortion.

Practice Questions

Multiple Choice Questions

  1. Which amendment to the U.S. Constitution reserves powers not delegated to the federal government for the states?

    a) First Amendment
    b) Tenth Amendment
    c) Fourteenth Amendment
    d) Twenty-second Amendment

  2. What term describes a federal system where power is divided between national and state governments?

    a) Unitary system
    b) Confederal system
    c) Federal system
    d) Oligarchic system

  3. Which Supreme Court case established the principle of implied powers?

    a) Gibbons v. Ogden
    b) McCulloch v. Maryland
    c) United States v. Lopez
    d) Loving v. Virginia

  4. In cooperative federalism, responsibilities are often shared between which levels of government?

    a) National and local governments
    b) State and local governments
    c) National and state governments
    d) None of the above

Short Answer Questions

  1. Define dual federalism and provide an example of how it was practiced in the United States.

  2. Explain the significance of the Supremacy Clause in the context of federalism.

  3. What are concurrent powers? Provide two examples.

  4. Discuss how the New Deal expanded the role of the federal government in relation to states.

Essay Questions

  1. Analyze the impact of the Supreme Court case United States v. Lopez (1995) on the balance of power between state and federal governments. How did it reflect a shift in the interpretation of the Commerce Clause?

  2. Compare and contrast dual federalism and cooperative federalism. How do these concepts affect the relationship between state and federal governments? Use specific examples to support your argument.

Discussion Questions

  1. What are the advantages and disadvantages of federalism in the United States? Discuss how these factors affect governance and policy-making.

  2. In what ways do state laws and policies vary due to federalism? Provide examples of issues where states have significant autonomy.

Advantages of Federalism

  • Local Control: States can tailor policies to their specific needs.

  • Policy Experimentation: States can serve as "laboratories of democracy" by testing new policies.

  • Checks and Balances: Prevents any one level of government from becoming too powerful.

Answers

Multiple Choice Questions

  1. Which amendment to the U.S. Constitution reserves powers not delegated to the federal government for the states?

    • Answer: b) Tenth Amendment

  2. What term describes a federal system where power is divided between national and state governments?

    • Answer: c) Federal system

  3. Which Supreme Court case established the principle of implied powers?

    • Answer: b) McCulloch v. Maryland

  4. In cooperative federalism, responsibilities are often shared between which levels of government?

    • Answer: c) National and state governments

Short Answer Questions

  1. Define dual federalism and provide an example of how it was practiced in the United States.

    • Answer: Dual federalism is a system where national and state governments operate independently within their own spheres of authority. An example is the clear division of responsibilities before the New Deal, where states managed local affairs while the federal government handled issues like defense and foreign policy.

  2. Explain the significance of the Supremacy Clause in the context of federalism.

    • Answer: The Supremacy Clause establishes that federal law takes precedence over state law when there is a conflict. This ensures a unified legal framework across the country and prevents states from enacting laws that contradict federal statutes.

  3. What are concurrent powers? Provide two examples.

    • Answer: Concurrent powers are those that are shared by both the federal and state governments. Examples include the power to tax and the power to regulate commerce.

  4. Discuss how the New Deal expanded the role of the federal government in relation to states.

    • Answer: The New Deal programs introduced by President Franklin D. Roosevelt expanded federal authority by providing federal funding and oversight for state programs, particularly in areas like welfare, employment, and infrastructure, thus increasing the federal government's role in economic and social policy.

Essay Questions

  1. Analyze the impact of the Supreme Court case United States v. Lopez (1995) on the balance of power between state and federal governments. How did it reflect a shift in the interpretation of the Commerce Clause?

    • Answer: United States v. Lopez limited the federal government's power under the Commerce Clause by ruling that carrying a firearm in a school zone was not an economic activity affecting interstate commerce. This marked a significant shift toward states' rights, emphasizing that the federal government could not overreach its authority.

  2. Compare and contrast dual federalism and cooperative federalism. How do these concepts affect the relationship between state and federal governments? Use specific examples to support your argument.

    • Answer: Dual federalism features clear boundaries between federal and state powers, whereas cooperative federalism involves overlapping responsibilities. An example of dual federalism is how states manage education independently, while cooperative federalism is illustrated by federal grants-in-aid for state highway construction, where both levels collaborate.

Discussion Questions

  1. What are the advantages and disadvantages of federalism in the United States? Discuss how these factors affect governance and policy-making.

    • Answer: Advantages include local control and tailored policies, while disadvantages include inconsistencies and potential inequalities between states. These factors influence governance by allowing states to innovate but may also lead to disparities in services and rights.

  2. In what ways do state laws and policies vary due to federalism? Provide examples of issues where states have significant autonomy.

    • Answer: State laws can vary widely on issues like education, healthcare, and criminal justice. For instance, states have the autonomy to set their own education standards, tax rates, and policies on marijuana legalization, leading to significant differences in how these issues are addressed across the country.

Definitions

  • Federalism> a system of government where power is divided by a constitution, between national and state governments.

  • Unitary System> a system of government where the National government has control over the state government.

  • Intergovernmental relations> the process where national, local, and state governments compromise on policy and responsibility.

  • Reserved powers> Powers from the tenth amendment of the constitution, that are not explicitly reserved for national government or states. Examples: voter registration laws, and education.

  • Concurrent Powers> authority possessed by both state and national government such as the power to levy taxes.

  • Police power>power reserved for state government to regulate the health, safety, and morals of its citizens.

  • Full Faith and Credit clause> Provisions from Article IV, section 1, of the constitution that require states to honor decisions made in other states.

  • Privilege and Immunities> Provisions, from Article IV, section 2, of the constitution, that a state cannot discriminate against someone from another state or give its residents special privileges.

  • Home Rule> power delegated by the state to a local unit of government to manage its affairs.

  • Commerce Clause> grants Congress the power to regulate commerce with foreign nations, states, and Native American tribes.

  • Dual Federalism> a system where most fundamental governmental powers are shared between federal and state governments.

  • Categorical grants> Medicaid.

  • Loving V. Virgina>1967: Interracial marriage, Richard Loving, a white man, and Mildred Jeter, a Black woman, were married in Washington, D.C., in 1958. They returned to their home in Virginia, where interracial marriage was illegal due to the state's Racial Integrity Act of 1924.

  • Obergefull v. Hodges>2015: landmark Supreme Court case that legalized same-sex marriage across the United States.

  • McCulloch v Maryland> 1819: The state of Maryland attempted to impose a tax on the Second Bank of the United States. James McCulloch, the bank's cashier, refused to pay the tax.

    -Established federal supremacy and the implied powers of Congress.

    -The Supreme Court, led by Chief Justice John Marshall, ruled that Congress had the power to create the bank based on the Necessary and Proper Clause of the Constitution (Article I, Section 8).

    -This clause allows Congress to make laws necessary to carry out its enumerated powers. Marshall argued that creating a national bank was a reasonable means of executing its powers related to taxation and regulation of commerce, even though the Constitution did not explicitly grant that authority.