Federalism
Political Studies: Edexcel A Level, topic 12.4.2
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.
Constitution
- The Constitution still guarantees federal processes will take place in America, and preserves states’ rights through the 10th Amendment.
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, Dobbs v. Jackson (2022) returned abortion regulation to the states, and different states have since enacted very different laws.
- 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 25 states and Washington, DC.
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 same-sex marriage.
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.
State governments
- All states have their own governments and constitutions which continue to operate independently from the federal government.
Supreme Court
- The Supreme Court has supported states’ rights — for example, in Dobbs v. Jackson (2022) it returned the regulation of abortion to individual states, removing the federal constitutional right established in Roe v. Wade.
Has US Federalism Weakened Over Time?
Several arguments suggest US federalism has significantly weakened.
Constitution 1
- The Constitution allows Congress to enact all “necessary and proper” laws, giving it implied powers that extend beyond its enumerated powers.
- This can limit the ability of states to make their own laws.
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 invoked the Commerce Clause to justify the ACA’s individual mandate, but the Supreme Court rejected this in NFIB v. Sebelius (2012), upholding the mandate under the taxing power instead.
Federal departments
- The US federal government has expanded the number of Cabinet departments, giving it more influence over aspects of life that might otherwise be left to the states.
- For example, the Department of Homeland Security was created in 2002, and the Department of Education was created in 1979.
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.
Supreme Court
- The Supreme Court has sometimes expanded federal power at the expense of states — for example, in Gonzales v. Raich (2005) it ruled that Congress could prohibit cannabis under the Commerce Clause even in states where medical use had been legalised.
Test yourself on Federalism
Which amendment guarantees the right of states to make decisions not covered by the federal government?
Which clause of the US Constitution has often been used to justify federal laws regulating illegal drugs?