Assess the different types of federalism that have been in the USA since the constitution was ratified. (30 marks)

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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
      • 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
    • 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


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