Evaluate the view that the US remains federal today
- Created by: wanjikar
- Created on: 12-06-23 12:40
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- Evaluate the view that the US remains federal today
- The Supreme Court
- works to uphold states rights under the constitution and protected them from the expansion of the federal government
- Shelby County v Holder 2013
- LIMITATION
- increased submissions to supreme court shows decentralised court system
- established to protect federalism no longer fit for purpose
- works to uphold states rights under the constitution and protected them from the expansion of the federal government
- 10th Amendment
- any explicit power not given to the federal government goes to the states
- states have their own constitutions with laws and practices
- e.g. cannabis is legal in 20 states
- LIMITATION
- the federal government still provides 1/4 of state funding and can dictate how it is spent
- Amendment process
- states still have a significant role in the amendment process
- 3/4 state legislature needed for approval
- e.g. Equal Rights Amendment
- LIMITATION
- increased centralisation in washington
- creation of cabinet posts and departments
- increased reliance for funding on government
- use of interpretive amendments for change without formal amendments
- Obergefell v Hodges (2015)
- states still have a significant role in the amendment process
- The Supreme Court
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