Assess the methods by which the power of the federal govt. has increased since 1787. (30 marks)

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  • power of the federal govt.
    • 'necessary & proper' clause
      • United States v. FEC 2010 help it was necessary & proper for federal govt. to require the sectioning of mentally ill individuals in federal custody
      • causes concerns amongst voters who want a limited federal govt.
      • could be seen a tyrannical & corrupt
      • has sometimes been interpreted more narrowly to reduce govt. power
        • National Federation of Independent Business v. Sebelius 2012 said Obamacare not valid under nec. & proper but was under Congress taxation powers
    • 'commerce clause'
      • Gonzales v. Raich 2005 Congress can criminalise the production of cannabis under the commerce clause
      • concerns originalists
      • could be going against the FFs wishes
      • definition of interstate commerce has been interpreted more narrowly
        • US v. Lopez 1995 fed. govts. Gun-Free School Zones Act 1994 unconstitutional & went beyond commerce clause
    • Congress' taxation powers
      • federal govts. power greatly increased by being able to raise its own income tax
        • 16th A 1913
      • causes concerns among conservative & libertarian voters who dislike taxes
      • goes against FFs wishes for limited govt.
      • some limits have been placed on Congress' taxation powers
        • US v. Butler 1936 held that taxes under the Agricultural Adjustment Act 1933 were unconstitutional
    • 14th Amendment 1868
      • Brown v. Board 1954 used 14th A to justify forced desegregation
      • used to protect the rights of citizens esp. minorities
      • most legitimate method of increasing federal govt. power because it has a constitutional mandate
      • 14th A may be interpreted more narrowly interpreted
        • United States v. Morrison 2000
    • new federal departments
      • federal govt. depts. increased from 3 - 15 1789 - 2002 which has increased federal govts. power
      • Dept, of Homeland Security 2002 develops new federal standards for emergency preparedness, communications & response
      • costly for the taxpayer
      • caused more duplication of work & inefficiency
      • have been calls for some federal depts. to be abolished
        • early 2000s cons. thought Dept. of Education abolished as it was a state matter
    • categorical grants
      • state govts. rely on govt. funding through categorical grants
      • give federal govt. significant power to impose regulations on states in return for funds
      • No Child Left Behind 2001 required schools to meet federal standards in return for funding
      • could be seen as corrupt which could decrease confidence in the federal govt. & increase apathy
      • lead to 'new federalism' which gave the states more control over their funding
      • however, states now have less reliance on federal funds due to block grants & revenue sharing
    • unfunded mandates
      • unfunded mandates were used to expand federal power by imposing regulations on the states but not providing funds for them
      • Clean Air Act 1963
      • could be seen as corrupt by voters & decrease voter confidence
      • lead to 'new federalism' which gave the states more control over their spending
      • some limits have been placed on unfunded mandates
        • Unfunded Mandate Reform Act 1995
          • unfunded mandates of over $50,000 for state or local govts. needed majority in Congress to pass

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