Federalism Updates

• What does federalism create?

  Two relatively autonomous levels of government, each possessing the capacity to act directly on behalf of the people with the authority granted to it by the national constitution
• what are the 5 structural characteristics of federalism?

  1. two levels of government with both levels being elected by the people
  2. written national constitution that cannot be changed without the substantial consent of govs
  3. constitutions of countries with federal systems formally allocate authority
  4. national courts commonly resolve disputes between levels of gov
  5. govs always represented in the upper house of national legislature
• What is the elastic clause?

  • necessary and proper clause - Article 1 Section 8 which enables congress to make all laws which shall be necessary and proper for carrying out its constitutional responsibilities
• where is federalism found in the constitution?

  10th amendment
• What is the supremacy clause?

  Article VI - regulates relationships between the federal and state governments by declaring that the constitution and federal law are the supreme law of the land - federal law prevails
• What is an example of the supremacy clause in action?

  marijuana use - federal law defines it to be illegal but 23 states have established medical marijuana laws
• What is the full faith and credit clause?

  Article IV, section 1 - requires the states to accept court decisions, public acts and contracts of other states
• Example of the full faith and credit clause in action - same sex marriage

  • Hawaii legalised same sex marriage and other states were worried that they would have to accept those marriage certificates as valid
  • Clinton issued the Defence of Marriage Act (DOMA) which states that no state need recognise a marriage between persons of the same sex in another state
  • this was overruled after the Obergefell v Hodges ruling
• What are the benefits of federalism?

  • promotes policy innovation (same sex marriage)
  • promotes political participation (two levels)
  • accommodates diversity of opinion (uniform policy)
• What are the drawbacks of federalism?

  • Economic disparities across states
  • difficulty of acting on issues of national importance
  • amending the constitution