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

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

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