1. Issues in Federalism Today

2. Why did this arrangement change?
Federalism
Why?
Why did this arrangement change?

3. Laboratories of Democracy
Federalism

4. ”Laboratories of Democracy”
Federalism
Labs of Democracy
”Laboratories of Democracy”
“a state may, if its citizens choose, serve as a laboratory, and try social and economic experiments without risk to the rest of the country”
States create and test policies. Other states can adopt them, or even the national government.
Creates a diverse patchwork of policies, and those looking to implement solutions can choose from among the most successful

5. Federalism Labs of Democracy Affordable Care Act (Obamacare)
All states are faced with the issue of providing health care to those that can’t afford it.
In 2006 Massachusetts, Democrat controlled legislature & Republican governor Mitt Romney compromised on a plan to secure health care.
Market places were set up for people to whose jobs didn’t offer insurance. An “individual mandate” required all people to buy insurance.

6. Federalism Labs of Democracy Affordable Care Act (Obamacare)
% of people with insurance rose drastically
Health care costs in Mass. decreased
It was successful & had bipartisan support
In fall of 2009, Congress passed a plan based on these ideas (and others) for national health care reform as the Affordable Care Act

7. Marriage Equality
Federalism

8. Federalism Marriage Equality Marriage Laws
Based on 10th Amendment – “Family Law” including marriage & divorce is left up to the states
14th Amendment ensures equal protection of the law, full privileges & immunities
National govt prohibited states from banning interracial marriage in Loving V Virginia (1964)
Polygamy is illegal in all 50 states. This limit upheld by Reynolds V United States (1878)

9. Federalism Marriage Equality
Same Sex
Marriage Rights
1972 – SCOTUS rules against three couples challenging denials of marriage licenses by their states. States begin passing laws banning same sex marriage.
1994 – Clinton signs the DEFENSE OF MARRIAGE ACT defines marriage as between one man & woman for federal purposes and says that no state is required to recognize a same sex marriage
1999 – Vermont creates Civil Unions after its SC ruled same sex couples must be protected. (Hawaii had done this in 1993 but it was overturned)
Around the turn of the century, state policies are veering in opposite directions.
2004 – First same sex marriages take place in Massachusetts after its SC ruled. US House of Reps introduces amendment banning same sex marriage

10. Federalism Marriage Equality
Same Sex
Marriage Rights
2008 – California & Connecticut SCs rule same sex marriage is a legal right. (California voters later overturn this) At this time, 32 states have banned it with constitutional amendments.
2009 –Iowa SC overturns ban on same sex marriage. Washington DC, New Hampshire, and Vermont legalize same sex marriage by legislature
2012 – Maine, Maryland, New York, Washington all approve. Obama publically states his support for marriage equality
2013 – SCOTUS overturns part of DOMA defining marriage for federal purposes. Federal govt. recognizes marriages from 16 states.
2014 – a series of federal decisions overturn bans, leaving constitutional bans in only 15 states.
2015 – Obergefell V Hodges is decided by SCOTUS overturning the DOMA completely and legalizing same sex marriages everywhere in the country.

11. Federalism Marriage Equality Defense of Marriage Act
National law – passed in response to states allowing same sex marriages & civil unions
Defined marriage in the federal govt
as between a man and a woman.
Made same sex marriage an exception
to the full faith and credit clause
Overturned by two SCOTUS cases in 2014 & 2015
Obergefell V Hodges (2015)

12. Map of Same Sex Marriage Policy Evolution
Federalism
Marriage Equality
Same Sex
Marriage Rights
Map of Same Sex Marriage Policy Evolution

13. Marijuana Policy
Federalism

14. Federalism Marijuana Marijuana Regulation
All food and drug sales are part of interstate commerce as defined by SCOTUS
National govt began to take a more active role in classifying and regulating medicines in early 20th century
<Marijuana Tax Act of 1937 made marijuana illegal throughout the Untied States

15. Federalism Marijuana Marijuana Regulation
1970 – Controlled Substances Act – regulated controlled substances, creating 5 “schedules” and outlining severe penalties
Marijuana is classified as “Schedule 1” which means it’s the most dangerous type and bans research about it.

16. Federalism Marijuana Decriminalization Legalization
A reduction in criminal penalties.
This benefits the government by eliminating costs of enforcemtent
The activity is allowed and regulated by the government.
This allows the government to tax the action or product

17. Federalism Marijuana Marijuana Policies
1973 – Oregon is the first state to decriminalize marijuana. 15 other states follow
1996 – California becomes the first state to legalize marijuana for medical purposes. 23 states follow.
2012 – Washington & Colorado legalize recreation use of marijuana. Alaska, Oregon, & Washington DC do the same in 2014.

18. Federalism Marijuana Marijuana Policies
29 States allow “medical marijuana”
9 states allow “recreational marijuana”

19. Bigly Ideas
Constitution

20. History Wrap Up National & State conflict DOMA – protect states rights
Obergefell – restricts them
Marijuana – Labs of Democracy
Focus on these things: