Is the US Federalism dead? Notes:
- Federalism is when political power is divided between national and state
government.
- States have as much power as the federal government.
- States in charge of their own specific policies
- Federalism is found nowhere in the US constitution.
- Through the enumerated powers:
- The specific powers of the three main branches of the US government
- The implied powers:
- The powers the people expected or assumed.
- Concurrent powers:
- Powers shared between the federal and state government, like taxes.
- The Supreme court:
- Established in the constitution, the umpire of all disagreements between the federal
and state governments.
4 areas your essay should discuss:
- 1. The constitution; the 10th amendment, the elastic clauses
- 2. Federal mandates and executive orders; as well as the limits placed upon these.
- 3. The ideology of different presidents, can really affect whether federalism is being
affected or not
- 4. In the absence of bipartisanship in Washington, the increasingly pivotal role of the
Supreme court.
- While the federal government has indeed grown in power in expense of the states,
the journey has not been in a straight line, fluxgates. Federalism has not been
eroded.
The Constitution’s elasticity harmed federalism:
- Elasticity = vagueness
- Article 1 section 8 – states that congress has the power to ‘make all laws which shall
be necessary and proper for carrying out inexecution for ongoing powers”.
- Elastic clauses allow congress to stretch powers.
- The bill of rights establishes national rights.
- Regulate interstate commerce, allow sweeping power over states.
- The constitution is not vague everywhere, elements of the constitution that allows
for federalism exists.
- 10th amendment gives the state’s power over all clauses that weren’t given directly
to the federal government.
- The constitution established an inbuilt tension, making it difficult to completely
ignore the states.
Mandates and executive orders:
- Weaker argument; mandates and executive orders harm state power and therefore
damage federalism.
- DAKA
- ESA
- Federalism is when political power is divided between national and state
government.
- States have as much power as the federal government.
- States in charge of their own specific policies
- Federalism is found nowhere in the US constitution.
- Through the enumerated powers:
- The specific powers of the three main branches of the US government
- The implied powers:
- The powers the people expected or assumed.
- Concurrent powers:
- Powers shared between the federal and state government, like taxes.
- The Supreme court:
- Established in the constitution, the umpire of all disagreements between the federal
and state governments.
4 areas your essay should discuss:
- 1. The constitution; the 10th amendment, the elastic clauses
- 2. Federal mandates and executive orders; as well as the limits placed upon these.
- 3. The ideology of different presidents, can really affect whether federalism is being
affected or not
- 4. In the absence of bipartisanship in Washington, the increasingly pivotal role of the
Supreme court.
- While the federal government has indeed grown in power in expense of the states,
the journey has not been in a straight line, fluxgates. Federalism has not been
eroded.
The Constitution’s elasticity harmed federalism:
- Elasticity = vagueness
- Article 1 section 8 – states that congress has the power to ‘make all laws which shall
be necessary and proper for carrying out inexecution for ongoing powers”.
- Elastic clauses allow congress to stretch powers.
- The bill of rights establishes national rights.
- Regulate interstate commerce, allow sweeping power over states.
- The constitution is not vague everywhere, elements of the constitution that allows
for federalism exists.
- 10th amendment gives the state’s power over all clauses that weren’t given directly
to the federal government.
- The constitution established an inbuilt tension, making it difficult to completely
ignore the states.
Mandates and executive orders:
- Weaker argument; mandates and executive orders harm state power and therefore
damage federalism.
- DAKA
- ESA
