Terry 1
Piper Terry
POLS 1113 American Federal Government
June 2, 2025
Abortion and Federalism in the Post-Roe Era
Abortion is a major issue in American politics, especially when we look at it through the lens
of federalism—the system that divides power between the national government and the states.
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022
created a turning point. This ruling overturned prior cases like Roe v. Wade and Planned
Parenthood v. Casey, which had protected the right to abortion at the national level. By doing
this, the Court gave individual states the power to make their own abortion laws. That’s why
some states now ban it completely, while others still allow it.
Federalism in the United States has changed significantly since the country was created. At
first, under the Articles of Confederation, the states got most of the power, leaving the central
government weak and ineffective. In 1789 the U.S. Constitution was ratified, creating a stronger
federal government, but people still argued about how much power the federal government
should have compared to the states. In the 19th and 20th centuries, we saw the use of dual
federalism, where the federal and state governments stayed in their own areas and didn’t work
together much. This changed during the New Deal period when the federal government started
doing more to help with economic and social programs. This led to cooperative federalism, where
both levels of government worked together more closely. Recently, new federalism which
focuses on giving more power back to the states and limiting - federal government power has
become more common. The Supreme Court has supported this idea in some of its decisions,
including those about abortion.
Piper Terry
POLS 1113 American Federal Government
June 2, 2025
Abortion and Federalism in the Post-Roe Era
Abortion is a major issue in American politics, especially when we look at it through the lens
of federalism—the system that divides power between the national government and the states.
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022
created a turning point. This ruling overturned prior cases like Roe v. Wade and Planned
Parenthood v. Casey, which had protected the right to abortion at the national level. By doing
this, the Court gave individual states the power to make their own abortion laws. That’s why
some states now ban it completely, while others still allow it.
Federalism in the United States has changed significantly since the country was created. At
first, under the Articles of Confederation, the states got most of the power, leaving the central
government weak and ineffective. In 1789 the U.S. Constitution was ratified, creating a stronger
federal government, but people still argued about how much power the federal government
should have compared to the states. In the 19th and 20th centuries, we saw the use of dual
federalism, where the federal and state governments stayed in their own areas and didn’t work
together much. This changed during the New Deal period when the federal government started
doing more to help with economic and social programs. This led to cooperative federalism, where
both levels of government worked together more closely. Recently, new federalism which
focuses on giving more power back to the states and limiting - federal government power has
become more common. The Supreme Court has supported this idea in some of its decisions,
including those about abortion.
