| What was the Goal of Federalism that the Founding Fathers attempted to Construct? | -A Balance had to be reached in order for the Diverse, Large United States to have a National Government that can Defend itself, and enshrining States to have their own Powers
-Federalism aimed to be the Compromise |
| Which SCOTUS rulings made the Federal Government Supreme over the States? | -1810: Fletcher vs Peck. This allowed the Supreme Court (Fed Gov) to strike down State Laws if it was Unconstitutional
-1819: McCulloch vs Maryland: Made the Precedent that the States could not prevent Fed Gov from using its Constitutional Powers
-1824: Gibbons vs Ogden: Allowed Congress that Authority to control trade Between the States of America, using the 'Commerce Clause' within the USCON |
| How has the Relationship, after the 3 SCOTUS rulings between 1810-1824, changed between the Fed Gov and State Gov? | -Dual Federalism: 1787-1930s. This had State and Federal Governments have roughly Equal Amounts of Power in Different Areas. States could run their own Domestic Affairs
-Cooperative Federalism: 1930s-1960s. Division between the Fed and State Government became Harder to Distinguish thanks to the New Deal and FDR. The Great Depression and the Second World War needed Fed Intervention in previous State Policy
-New Federalism: 1960s-now. Attempts for Power that the FED took and return back to the States
-Now: The Relationship has gotten so Complex and Flexible that not a single Theory can accurately Describe what is Going on |
| Case Study: Describe the Complex Federal-State Relationship with Marijuana | -1970: Congress made Marijuana Illegal Class I Drug under the Controlled Substances Act. Since the 'Supremacy Clause' of the USCON makes Federal Law trump State Law, it was Illegal across the USA and was Enforced by the DEA
-1973: Some States thought Marijuana was Acceptable, and Decriminalisation begun in Oregon 1973; Allowed for Medicinal Usage in California 1996; Recreational Purposes in Colorado 2012
-This is Despite the fact that on the Federal Level, Marijuana is Illegal
-So where the State has Legalised Marijuana, the Federal Law Enforcement Agency can Arrest for breaking Federal Law. But the Local Law Enforcement will not Arrest as you have not broken the State Law.
-As more States legalised, the Fed Gov had to Change. USA Justice Department in 2013 would only Prosecute Marijuana if Guns were Involved. Attorney General Sessions in 2017 Rescinded that.
-2023: While Marijuana is still Illegal at the Federal Level, only 3 US States have outright Banned it |
| How did Obama change Federalism in USA? | His Administration had Considerably Blurred the lines more between the Federal Government and State Government.
-Obamacare made States provide 'Healthcare Exchanges' but the Details of they are Set up and ran are given for the States Responsibility
-1/3 of the $787 Billion after 2008 was given to State Governments to Spend. This was huge
-SCOTUS protected States Powers in some Cases (Gun Control) while also protecting Federal Government (Obamacare and Same-Sex Marriage) |
| How did Trump change Federalism in USA? | Being Republican, Trump would assert State's Rights, unless a National Response is needed
-The T$2.2 Trillion COVID-19 relief Bill had directly given $150 Billion to States and $300 Billion to Households.
-Protests after the Death of George Floyd made Trump launch a National Response. Cities such as Portland refused his Help and allowed the Protests to carry on
-Trump would create a Commission to allow 'Patriotic Education' and a 'Pro-America Curriculum' in all Schools. This interfered with the State's Powers on Education
-SCOTUS protected States Rights in some places (Voting rights, Gerrymandering) and Federal Power (Abortion, LGBTQ+)
-Trump championed a State's Rights Approach and gave the States the ability to roll out their Environment regulations (ie. energy efficiency), Healthcare (Stopped enforcing the invidivial manage in the Obamacare), and Education (Getting rid of the Common Core) |
| How did Biden change Federalism in USA? | -Biden had increased Federal Funding greatly such as the American Rescue Plan and Infrastructure Investment and Jobs Act. This directed more Federal activity toward the States.
-Executive Orders have been used by Biden to bypass Federal-State collaboration during the Pandemic and COVID-19
-Biden did say 'I can't set nationally who gets in line (for the COVID-19 Vaccine), when and first - that's a Decision the States make.' This signifies that Biden did respect state authority in some Matters
-SCOTUS enforced both the Federal Activity (Immigration enforcement policies: US vs Texas 2023) and also Respected States' rights in others instances (National Federation of Independent Business vs Department of Labour: SCOTUS struck down the Vaccine Mandate) |
| When talking about Federalism, what is still Clear today? Which statements are true? | -Federal Government dominates Foreign Policy, including War and Treaties
-The 'Commerce Clause' in the USCON gives the Fed Government Control over the States in Domestic Policy
-Enforcement of Federal Law relies on State Law Enforcement and Courts
-SCOTUS can change, or uphold Legislation at State Level
The nature of US Federalism has resulted in a Complex Legal, Economic, and Court System with Punishments, Taxes, and Public Policy differing Massively in each State
-Size of the US in landmass and population means States and Local Governments have Considerable Control over the Citizen's daily lives
-Diversity of America keeps Developing. By 2060, the Hispanic/Latinx Americans will make up almost 30% of the US Population |
| What is the difference between a Liberal and Representative Democracy? | -Liberal Democracy: Protecting the Rights, free and fair election, and a Limited Government
-Representative Democracy: People elect officials and they represent them in Institutions of Government as Trustees.
-The Difference lies in how the Leader may be Chosen, though, both of these Types of Democracy can exist in a Nation |
| How does the USCON uphold Representative Democracy? | -The House of Representatives is Elected Directly by Citizens of each State, as well as a 1/3 of the Senate, every 2 Years
The number of Representatives is kept Roughly Proportional to the Population. Every 10 Years there are Changes. Texas Gained 2 Seats in 2020
-Frequent Election Cycle gives the Congressional Person a need to pay close attention to their Voters
-Constitutional Amendments have upheld representative democracy: Women and those 18+ can vote, as well as the Senate being an electable body |
| How does the USCON go against Representative Democracy | -States are unequally represented in the Senate via the Great Compromise. Wyoming and California have the same number of senators, despite California having 68x more people
-Representatives are unequal in the House. In 2020: the average Delaware District had almost a Million people, but in Montana, the district was roughly had 542k people
-The Electoral College limits the Public Vote impact. The Election Winners of 2000 and 2016 did not win the popular vote |
| How does the USCON uphold Liberal Democracy? | -Key rights are Protected by the USCON for all Citizens. The 1st Amendment protects Free Speech, Press, and Religion
-The USCON sets the Rules out for Elections, as well as Terms, Electors, and Control over Elections. Frequent Election Cycle allows high Accountability
-Separation of Powers protects Rights and prevents Tyranny of Government. SCOTUS struck down State and Federal laws to protect LGTBQ+ Rights. |
| How can the USCON being Codified be seen as a Strength and a Weakness? | -Strength: Powers of Government are set out and the Document is Judiciable (Ruled upon) making it difficult for one branch to become Tyrannical. Example: Executive Orders
-Weakness: The USCON is Rigid and can become Outdated. This can leave Aspects of the USCON completely Irrelevant to Modern Day. The Second Amendment is a prime example |
| How can the USCON being Vagueness be seen as a Strength and a Weakness? | -Strength: Makes sure the USCON is Reinterpreted over time, without the Need for Long, Painful Amendments. Abortion is a Prime Example
-Weakness: Branches of Government can Expand their Power which can Diminish the other powers given to the Other Branches or the States in the USCON. Example: Power to Declare War |
| How can the USCON Amendment Process be seen as a Strength and a Weakness? | -Strength: The Process clearly works as there have been 27 Amendments. This makes the USCON updated to the wishes of the Population in a Representative Democracy. The 26th Amendment is an Example
-Weakness: The Slowness and Complexity, as well as Minority rights to be ignored can make the USCON less relevant and outdated. The 27th Amendment took 202 years to pass. Not even a joke |
| How can the USCON showcasing Separation of powers be seen as a Strength and a Weakness? | -Strength: The USCON gives each Branch Enumerated Powers and Checks on the other branches. This can make the Government Limited, Scrutinised, and Representative to the People. Trump and the Tax Cuts and Jobs Act
-Weakness: Gridlock tends to occur because power is Divided. A Government not functioning properly can mean its Promises are not Executed. The 2019 Shutdown is a prime example |
| How can the USCON being Federalised be seen as a Strength and a Weakness? | -Strength: From Guaranteeing powers to States via the 10th Amendment, the USCON upholds Federalism. This protects the Rights and Differences the 50 States have in the Federal Government that have become increasingly Active. Example: States responding to George Floyd Protests
-Weakness: The Rights of States are being Eroded by Federal Policy and the SCOTUS. As the Population reaches more than 300 Million, Individual Rights come at the cost of the State's identity. Abortion is an example |
| So what are the Positive Impacts that the USCON has on the Government today? | -Each Government Branch has Explicit Powers that will Never be Removed. This ensures each Branch of Government is Relevant, even during a Divided Government
-Frequent Elections makes Representatives to listen to their Constituents
-Acceptance of Judicial Review can allow Disagreements to be settled in the Supreme Court
-The Need for branches to work together via Checks and Balances means the Majority interests are Upheld, ensuring Popularity for the Government |
| What are the Negative Impacts the USCON has on the Government today? | -Separation of Powers and Checks + Balances leads to Gridlock, making the Government unable to Govern
-Federalism means Sovereignty is Shared, reducing the Federal Government Powers, and allows for the State to Sue the Fed
-Role of Judicial Review can make Minorities stall the Government Functions
-Vagueness of the USCON has developed 'Loopholes' to be Explored, such as Executive Orders. This can lead to a Branch dominating. |
| What is KEY to include when talking about the Impacts of the USCON to the Government? | -The Circumstances of what is going on in America
-If a National Crisis prevails, Controlled by one Party, or a President has just been Elected, the Fed Government is more Effective
-If Congress is Divided, Approval Ratings are Low, or the President is in his Later Years of his Term, the USCON becomes a much Bigger Hindrance |
| How many
1. Federal Governments
2. State Governments
3. Local Governments
In America? What does this say about Federalism | 1. The One and Only Federal Government in Washington D.C.
2. 50 State Governments, for the 50 States of the United States
3. 89,004 Local Governments. This is huge and can highlight the Extent of Federalism right down to the Local Area |
| What does the Number of State and Local Governments do to USA in terms of Federalism? | -Rights of Citizens are Different between each State. The Legal Driving Age, Age of Consent, or the Right to use Marijuana.
-Criminal Punishment differs between the States. 25 States have the Death Penalty as a Legal Form of Punishment with 5 Different Execution Methods
-Elections run to State rules. Some States use Punch cards, other uses Electronic Voting. The Different practices between the States during COVID-19 led to Election Controversy in 2020
-Taxes differ Greatly across America. Sales Tax, Income Tax, and Property Tax are examples.
-Judicially, the Court System is different in each State, and they have used the Federal Court to Challenge their Rights. The States have fought with SCOTUS over Immigration, Gerrymandering and Abortion
-Some Federal Policies like Obamacare require State Enforcement for Effective Results. This can lead to Differences in the States rights |
