17.4.2 Debates on US Federalism Today

Debates on the Extent to Which the USA Remains Federal Today

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The States Retain Autonomy and Sovereignty

Criminal Punishment

The death penalty's legality varies across states, with 29 states allowing it and 21 having abolished it. This variation reflects the states' ability to determine their own criminal justice policies.

Taxation

Both federal and state taxes exist, with significant differences in state tax policies. For example, seven states impose no state income tax, while California has a state income tax rate of 13%. This highlights the financial autonomy of states within the federal system.

Legal Status of Marijuana

Marijuana laws illustrate the tension between state and federal authority. While marijuana remains illegal at the federal level, 11 states have legalized its recreational use, and 33 states have legalized it for medical use. Although Article 6 of the Constitution allows the federal government to claim supremacy, it has largely chosen to ignore state legalization efforts.

Electoral Practices

Article 1 of the Constitution grants states the authority to run their own elections, leading to a variety of practices, including paper ballots, mail-in voting, and electronic voting systems. This decentralized approach underscores the states' sovereignty in managing electoral processes.

Illegal Immigration

The concept of sanctuary cities further demonstrates state autonomy. In these cities, local law enforcement agencies are prohibited by state statute from assisting federal immigration officials in identifying illegal immigrants unless they are charged with serious crimes. In 2017, Trump threatened to withhold federal grants from sanctuary cities, but the U.S. Department of Justice sued California, with the court ruling in favor of the state.

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National Crisis Response and the Role of States

COVID-19

The pandemic highlighted the significance of the 10th Amendment, which reserves powers not explicitly granted to the federal government to the states. Governors took charge of COVID-19 measures, with 32 states declaring a state of emergency before President Trump did. This response emphasized the critical role states play in managing public health crises.

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Supreme Court Rulings Supporting State Sovereignty

The Supreme Court has played a pivotal role in maintaining the balance between state and federal powers, often siding with states in key cases.

Healthcare

The Supreme Court's rulings on Obama's healthcare reforms had significant implications for federal-state relations. While the federal government sought to expand Medicaid, the Court struck down provisions that would have forced states to comply, reinforcing states' rights.

Immigration

In United States v. Texas, the Supreme Court struck down Obama's use of executive orders to implement immigration reform, underscoring the limits of federal power over states.

Abortion

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Federal Government's Sovereignty

Despite the autonomy of states, the federal government retains significant sovereignty, particularly in areas that require a unified national approach.

Taxation

Citizens are required to pay federal income tax, and states rely on federal financial support, illustrating the federal government's overarching influence on state economies.

Healthcare

Federal funding is critical for healthcare systems across states. For instance, the No Child Left Behind Act (2002) under President Bush expanded the federal role in education by mandating annual tests, demonstrating cooperative federalism, often referred to as a "marble cake" model.

Homeland Security and National Defense

Following the 9/11 attacks, federal spending on defense significantly increased, from $290 billion to$651 billion between 2001 and 2009. The USA PATRIOT Act also granted the federal government substantial new powers, including the ability to detain individuals and collect information, emphasizing federal sovereignty in national security.

Illegal Immigration

Trump's policy of building a wall on the Mexico border further asserted federal power, leading to legal battles with 16 states. The Supreme Court ultimately allowed the wall's construction, reflecting the federal government's ability to override state objections in certain areas.

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National Crisis Response and the Role of the Federal Government

National crises often necessitate federal intervention, highlighting the government's capacity to mobilize resources and coordinate responses across states.

Hurricane Katrina (2005)

The federal government responded to the disaster with $120 billion in economic relief aid, showcasing its ability to provide large-scale support in times of crisis.

COVID-19

The federal response to the pandemic included the CARES Act (2020), a $2.2 trillion economic relief package aimed at mitigating the public health and economic impacts of the virus. This demonstrated the federal government's critical role in addressing nationwide emergencies.

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Conclusion: The Balance of Federalism Today

The debates around federalism in the United States today revolve around the balance of power between state autonomy and federal sovereignty. While states continue to exercise significant independence in areas like criminal justice, taxation, and public health, the federal government retains ultimate authority in national defense, taxation, and crisis response. The interplay between these levels of government is complex, with each asserting its power in different contexts, maintaining the dynamic nature of American federalism.