Assess the different types of federalism that have been in the USA since the constitution was ratified. (30 marks)
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- Created on: 06-05-18 16:35
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- types of federalism
- dual federalism
- 1787 - the New Deal (layer cake federalism)
- clear distinctions between the powers of the federal govt. and state govts.
- federal govt's power was slightly increased - SC favoured federal govt. over state govts.
- however, some cases where federal power limited
- Dred Scott v. Sandford - power to ban slavery reserved to the states
- most constitutionally legitimate form of federalism as it was created by the FFs & has constitutionalmandate
- helped prevent tyrannical federal govt.
- democratic as political local & in hands of the people
- cooperative federalism
- the New Deal - the 1960s (marble cake federalism)
- distinctions between the federal & state govts. much less clear but still cooperation
- 16th A 1913 gave federal govt. power to raise its own income tax
- some cases where power of federal govt. was limited
- United States v. Butler 1936 - Agriculture Adjustment Act unconstitutional under 10th A
- could have led to FDR becoming tyrannical dictator but SC Cs & Bs
- showed strong federal govt. needed in crisis
- reduced adversarial politics & increased consensus politics as federal & state govts. cooperating
- coercive or regulated federalism
- 1960s - 1980s
- power & jurisdiction of federal govt. increased again
- Johnson's Great Society programmes under Social Security Act 1965
- unfunded mandates were also used to expand federal power
- done by imposing regulations on states but not funding them
- Clean Air Act 1963 required states to meet federal standards for air quality
- done by imposing regulations on states but not funding them
- claims that federal govt. acting like tyrannical dictatorship
- undermines pluralist democracy & promotes elitism
- voters more concerned about states rights & reduced confidence in govt.
- new federalism
- 1980s - 2000
- decline in federal govt. power
- United States v. Lopez 1995 - Gun-Free School Zones Act uncons. because went beyond Congress's commerce clause powers
- devolution of power to state govts. via revenue sharing, block grants & limits on unfunded mandates
- put voters concerned about states' rights at ease & increased confidence in the govt.
- more constitutionally legitimate form of federalism
- harder for federal govt. to respond to national crises & problems such as gun control
- federalism under Bush
- federal govt. seemed to increase in power again
- No Child Left Behind 2001 required schools to meet federal standards to receive federal funding
- 2000 - 2008
- limitations on states
- Nevada v. Hibbs 2003 states can be sued for failing to obey the federal Family & Medical Leave Act 1993
- concern among Cons. voters this would lead to tyrannical dictatorship
- allowed federal govt. to respond adequately to national crises e.g. 2007/8 financial crisis
- federal govt. seemed to increase in power again
- federalism under Obama
- 2008 - 2016
- federal govt. increased further in power
- American Recovery & ReinvestmentAct 2009 - Obama's $787 bn economic stimulus
- limitations on the states
- DC v. Heller struck down gun controls in DC
- some limitations on federal power
- claims that Obama acting like a dictator
- media campaigns mocking him - 'King Obama'
- SC still willing to reduce federal power through Cs & Bs
- dual federalism
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