CONSTITUTION
ETVT federalism has been eroded as a constitutional principle
Para 1:
Against
● Yes, because the states still rely extensively on the federal government suggesting
power is not dispersed between the states and the federal government
● The federal government's power regarding education legislation has grown in recent
years
● Example: in January 2002 President Bush signed into law the No Child Left Behind
Act, which mandated that every state must test children annually, and this Act
majorly expanded the federal government’s role in education
● Example: Obama continued this policy and invested $4 billion in the ‘Race to the Top’
programme to boost education in the states, again challenging the states’ autonomy
● Regarding taxation and other aspects of policy and legislation, the federal
government retains supreme power and the states’ power has been encroached
upon
● All states rely on financial support from the federal government, and all states
depend on the federal government for the funding of healthcare provision
● Example: in the 2019 fiscal year, the federal government spent nearly $1.7 trillion on
healthcare, and the Federal Department of Health and Human services helps to
provide such
For
● No, because laws vary across states demonstrating that federalism is still intact
● Legislation contrasts in different states
● States have autonomy, and this is clearly evidenced by their ability to have
contrasting legislation in place
● Example: the death penalty is legal in 27 states, including Alabama and has been
abolished in 23 states
● Example: the legal status of marijuana varies between states demonstrating the
principle of federalism. Recreational use of marijuana is legal in 22 states and
medicinal use is legal in 28 states. The recreational use of weed was legalised in
New Jersey in April 2022.
● Example: The President has opted to take a step back and give the states more
autonomy regarding weed. In October 2022 Biden issued federal pardons for ‘simple
possession of marijuana’
● Example: methods of execution vary between states, including lethal injection,
electrocution, gas chambers, firing squads and hanging. Arizona uses lethal injection
whereas Virginia (before it was abolished) used electrocution
● Example: taxes can be set at state level. 7 states have 0% taxation, including Alaska,
while California has 13% taxation which is the highest rate of income tax in the USA
● Example: New Jersey has a property tax rate of 2.5%, whilst Hawaii has a property
tax rate of 0.28%
● Example: states have autonomy over the practice of abortion since Dobbs v Jackson
(2022) as this gave state governments the power to decide the legality, and legal
limits of abortion. States like Alabama and Texas have severely limited abortion or
, rights or eliminated them entirely, and other states such as New Jersey and
California have recommitted to protecting abortion rights
Para 2:
Against
● Yes, because during national crises the central government makes key decisions and
encroaches on state power
● Example: during Hurricane Katrina in 2005 the federal government responded to the
crisis by spending approximately $120 billion on economic relief
● Example: during the COVID-19 pandemic the federal government passed the
CARES Act (2020), which was a $2.2 trillion economic relief package, attempting to
combat public health and the economic implications of the pandemic
● States rely on the federal government during national crises - the Federal Emergency
Management Agency exists because the individual states cannot do what the federal
government can do.
For
● No, because states have autonomy in times of national crisis
● COVID-19 demonstrated the importance of the 10th amendment by which any power
not explicitly granted to the federal government by the Constitution is left to the states
or the people
● It showed that elected state governors had the responsibility of dealing with the crisis
● Example: Andrew Cuomo, governor of New York at the time, decided to put a
lockdown in place by mid-March
● Example: by the end of March, 31 out of 50 states had lockdowns in place
● Example: California governor, Gavin Newsom, issued the first state-wide issue to
close businesses
● Example: Republican Ohio governor Mike DeWine was the first governor to call for
the state-wide closure of schools
● Example: 7 states did not order any state-wide restrictions between March and April
2020
● Example: the issue of face masks demonstrated the nature of federalism, as 16
states, on their own initiative, had made it compulsory to wear face masks in public
● President Trump wanted to reopen the USA due to bad economic effects, however
public policy interest group the Brookings Institution stated the president cannot tell
the states what to do.
Para 3:
Against
● Yes, because the federal government has immense power over immigration issues,
suggesting the states have little power and autonomy and thus federalism has indeed
been eroded
● Example: Trump’s policy of building a Mexico Border Wall saw 16 states file suits
against the federal government. Nevertheless, due to the supremacy clause the
Supreme Court, in July 2019, voted 5-4 allowing the administration to continue
construction of the wall despite upheaval from state governors
● Example: in May 2019 Judge Gilliam of the District Court blocked the funding of the
wall due to executive overstepping its authority.
, ● Example: in July 2019 a 5-4 Supreme Court ruling issued a stay to Gilliam’s
judgement, which allowed the administration to continue construction while litigation
continued
For
● No, because the states have some power and autonomy over their policies regarding
illegal immigration in some states there are cities known as sanctuary cities
● Local law enforcement enforcement agencies are prohibited by state law from
helping federal immigration officials to identify illegal immigrants, unless they have
been charged with a serious crime
● Example: 2017 Trump issued an executive order proposing sanctuary cities would be
at risk losing various federal grants, significant due to huge money received from the
federal gov’t. March 2018 US department of Justice sued the state of California over
its sanctuary city laws and the rulings went against the Department of Justice, which
reinforced the autonomy of the state, shows federalism still important uphold states’
rights
Para 4:
Against
● Yes, the supreme court has made it clear that federalism is no longer intact
● Example: National Federation of Independent Business v Sebelius case (2012) - this
struck down the Medicaid provision in the law, upholding the Affordable Care Act,
which leaves the federal government with significant control over healthcare, and the
state with little control. This fundamentally undermines the the rights of the states
● Example: Gonzales v. Raich (2005), in which the Court upheld the federal
government's authority to regulate and criminalise the possession and cultivation of
marijuana for personal medical use, even if allowed under state law
For
● No, the supreme court has shown that federalism has not been eroded as a
constitutional principle
● Example: in 2017 Trump issued an executive order proposing sanctuary cities would
be at risk losing various federal grants, significant due to huge money received from
the federal gov’t. March 2018 US Department of Justice sued the state of California
over its sanctuary city laws and the rulings went against the Department of Justice,
which reinforced the autonomy of the state, showing federalism still important to
uphold states’ rights.
● Example: United States v Texas 2016 which saw the Supreme Court Strike down
President Obama’s use of an executive order to implement his immigration reform
programme, ruling it to be unconstitutional due to the cost to the states
