Exam III Collaboration - The New Federalism 23:15 Does...

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Unformatted text preview: The New Federalism 23:15 Does Federalism make sense in 21 st century Only Texans have a strong sense of place Why Federalism? It was an accident in 1877 Federalism can accommodate minorities Makes sense in Canada, Qubecians think of themselves differently from the Canadians Make sense in Iraq o Kurds in the north o Shaits in the south o Sunnis in the middle The US doesnt have strong conflict between groups/ethnicities Best explanation for Federalism Allows experimentation o States can try different things Texas: bad with poor, capital punishment Oregon: environmentally sensitive Massachusetts: Romneycare 14 th amendments says things that states cant do 16 th amendments: income tax harms federalism gives enormous revenue stream to the federal government o states look weaker 17 th amendment: direct election of senators US Federalism: Historic Intertwined with theme of states rights (south) o Meant slavery until 1861 o After Civil War: system of apartheid Federalism may stand for segregation to an older generation o Poe hates federalism Beginning in 1937 until mid-1990s rule whatever the federal government does to the states, its constitutional New Federalism Applied to the 90s, federalism revolution Something different was happening than had been done before United State v Lopez San Antonio Federal Government: 1990 crime of having a hand gun within 1000 feet of a school Lopez took a gun to school to sell to a friend o Convicted for breaking federal law Supreme court 1995 Justice asked: state me a limit on congressional power o If congress can ban gun, congress can do anything o The solicitor general did not answer the question Saying congressional power is unlimited 3 Justices who believed in Federalism o Rehnquist: deeply involved with Goldwater campaign of 1964 Small federal government o Sandra Day OConner Grew up Ranch in East Arizona Included federal property They were incompetent beurocrats Term in Arizona legislature o Clearance Thomas Repeal the 20 th century Much smaller federal government 5 justices said that congress lacked the power to pass the gun-free school act The Violence Against Women Act Federal law that says you cant beat your wife Biden: women dont travel because of violence against women Supreme Court struck down laws regulating the power of congress Year 2000 look to see that court was trying to create a new jurisprudence of federalism Body of law telling congress what it couldnt do o Gave the states a sphere of action that gave them exclusive authority to regulate conduct Retrograde people were appalled Conservative con law professors were applauding the federalism revolution and seeing within it the chance for state autonomy Problem: Some states wanted to experiment o California Medical Marijuana First step to legalization Example of Federalism What California is doing is violating Federal law...
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This note was uploaded on 06/16/2011 for the course GOV 357M taught by Professor G.j.jacobson during the Spring '08 term at University of Texas at Austin.

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Exam III Collaboration - The New Federalism 23:15 Does...

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