Assess the methods by which the power of the federal govt. has increased since 1787. (30 marks)
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- Created on: 07-05-18 12:34
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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
- federal govts. power greatly increased by being able to raise its own income tax
- 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
- Unfunded Mandate Reform Act 1995
- 'necessary & proper' clause
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