12.4.2

Federalism

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The US Remains Federal

There are several arguments to suggest that the US remains a federal country, such as laws made within states, voting in states, and state governments.

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Constitution

  • The Constitution still guarantees federal processes will take place in America, and means that the states have rights - because of the 10th amendment.
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Laws in states

  • States can act as labs of democracy and policy, by testing out new policies, democratic processes and regulations, which can then be expanded to the rest of the nation.
    • For example, abortion restrictions in some states have been upheld as constitutional, and so similar laws have been put in place in other states.
  • States can have a high degree of control over their lawmaking and the actions of their citizens.
    • For example, cannabis is now legal for recreational use in 24 states and Washington, DC.
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Voting

  • Citizens get a degree of control over the policies of their states, which can tailor the policies of each state to the desires of its citizens.
    • At elections, ballot measures are put up for citizens to vote on, such as raising the minimum wage, and (before 2015) the legalisation of gay marriage.
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Social policy

  • States still have high levels of control over social policy – for example, despite concerted efforts, there is still no standardised curriculum or assessment criteria for education.
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State governments

  • All states have their own governments and constitutions which continue to operate independently from the federal government.
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Supreme Court

  • Supreme court has supported states’ rights

The US Does not Remain Federal

There are several arguments that suggest the US is no longer a federal country

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Constitution 1

  • The Constitution allows Congress to enact all “necessary and proper” laws, which gives it powers beyond the scope of the Constitution.
    • This can limit the ability of states to make their own laws.
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Constitution 2

  • The Commerce Clause of the Constitution gives Congress the enumerated power “to regulate commerce with foreign nations, and among the several States, and with the Indian Tribes”
    • The Commerce Clause is used to make certain drugs illegal at the federal level.
    • Congress used the Commerce Clause to argue that it was legal to mandate that all citizens purchase health insurance.
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Federal departments

  • The US federal government has increased the departments and posts in the Cabinet that there are - so the federal government has more power over different aspects of life that would previously have been left to the states.
    • For example, the Department of Homeland Security was created in 2002, and the Department for Education was created in 1979.
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Federal grants

  • The federal government can issue categorical grants which must go to a specific purpose, restricting the ability of the states to make policy.
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Supreme Court

  • More cases have been submitted to the Supreme Court rather than state supreme courts and federal courts.

Jump to other topics

1Democracy & Participation

2Political Parties

3Electoral Systems

4Voting Behaviour & the Media

5Conservatism

6Liberalism

7Socialism

8The UK Constitution

9The UK Parliament

10The Prime Minister & the Executive

11Relationships Between Government Branches

12US Constitution & Federalism

13US Congress

14US Presidency

15US Supreme Court & Civil Rights

16US Democracy & Participation

17Comparing Democracies

18Feminism

19Nationalism

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