Questions tagged [federalism]

Forms of government that mix a central government with regional governments.

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31
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5answers
10k views

A new proposal suggests subdividing Washington D.C. into 127 new states so that they can change the Constitution at will. Is this possible?

There is a new proposal in the Harvard Law Review titled: "Pack the Union: A Proposal to Admit New States for the Purpose of Amending the Constitution to Ensure Equal Representation". Lamenting the ...
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2answers
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(Why) does the US left promote federal powers over state powers?

This comment states that the modern left is often promoting federal powers over state powers. I assume that the comment relates to the United States. It surprises me, because in (northern) Europe, ...
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2answers
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What are the conditions required for a territory to become part of United States?

This question is very related to Commonwealth United States Insular Areas, where I asked in detail about the Puerto Rico (and other areas) situation. Now I am interested to know which are the legal ...
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3answers
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Why didn't Liberal states all have state run health care?

For many years, there were attempts at making national health care coverage, which finally passed as the ACA. The ACA ("Obamacare") was controversial vis a vis constitutionality (it won by a five-...
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3answers
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What type of organization is an American political party?

Legally, what is a political party in the US? I know they are not mentioned in the Constitution. They do not appear to be corporations or charities, or PACs, or any other type of formal organization ...
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How could Philadelphia join New Jersey?

Yesterday, the Pennsylvania Senate voted to block a Philadelphia law which would require paid sick leave for employees. This is just one in a long series of examples where the heavily-Democrat ...
17
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1answer
9k views

How was the US able to create a Department of Education at the Federal level?

Looking through Article 1, Section 8 of the U.S. Constitution (that part of the document that enumerates the powers of the Congress), there is nothing that talks about Congress' role in education. ...
16
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3answers
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What does the Tenth Amendment actually do?

The Tenth Amendment to the US Constitution says: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to ...
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3answers
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Can a monarchy become a US state?

I'm wondering if a monarchy could technically become a State in the US (without switching to republic, obviously), according to US constitution and to US laws. I.e., for the sake of the question, it ...
15
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1answer
473 views

Trump is revoking California's Clean Air Act exemption. Does this automatically affect the 13 other states that use California's standards?

President Trump is reported to be revoking California's Clean Air Act exemption. Trump tweeted on September 18, 2019 that he was doing so. Since 1970, California has restricted automobile emissions ...
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1answer
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Have congressional Republicans taken a position on whether they will give “consent” to the United States Climate Alliance as an interstate compact?

The United States Climate Alliance is an effort by state governments to support the Paris Climate Accord and help reduce emissions in the United States. There is however a constitutional problem with ...
13
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Why does there not seem to be more support for state-specific border walls in the US?

While there seems to be a good amount of discussion about the border wall desired by President Trump, I have not seen much in the way of discussion regarding state-based approaches; that is, given the ...
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Can state governments be overthrown without national government involvement?

It is my understanding that the state and national government of the United States are separate entities (that's what federalism is, combining smaller states into a larger one). Could unhappy ...
13
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1answer
613 views

How is the European integration process similar to the creation of the United States?

What are the similarities and what are the major differences (economically, socially and culturally) between the current European integration process and the historical formation of the United States? ...
13
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1answer
4k views

Is the US one of the most decentralized countries in the world? [duplicate]

After living abroad in a small, politically centralized country, I came back to the United States and suddenly realized how strange federalism feels to me. Individual states have so much political ...
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Why do non-federations need bicameral parliaments?

Federations often have a bicameral parliament: one house speaks for the nation itself, whereas the other one speaks for the subjects within the federation (it could be summoned by the means of the ...
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Why should I care about federal vs state rights?

The premise behind most arguments about Obamacare, and other programs is that it's a "Federal" vs "State" rights issue. I come from a corporate business background, and it seems to me that if enough ...
12
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1answer
569 views

Is there a ranking of states based on how unitary/federalized they are?

As an example, the UK is formally considered a unitary state but in reality its subregions enjoy a lot of autonomy and are able to pass laws of their own. On the other hand Russia is formally a ...
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1answer
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Supreme Court cases that were harbingers of New Federalism

Between the mid-1930s and late 1980s/mid-1990s the Supreme Court didn't invalidate any acts by Congress during the era of New Deal Federalism, but under the Rehnquist Court a revival of Federalism ...
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In the USA, who decides who can run for president, the states or the federal government?

From twitter BREAKING: Maryland is on the verge of passing a law requiring all Presidential candidates to release their past 5 years of tax returns in order to be placed on the election ballot. ...
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What level of autonomy do regions within the Russian Federation have?

So, in the United States, of course, there is the 10th Amendment to the constitution, stating that powers not enumerated as adhering to the federal government are reserved either to the states or to ...
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6answers
973 views

What additional measures, within presidential authority, do people say the president should take against Covid-19?

It seems Donald Trump is under heavy scrutiny from a lot of the media and his political opponents for failing to appropriately respond to Covid-19. My question is: what more could he have done that ...
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1answer
516 views

Entire court impeached

The West Virginia House Judiciary Committee has voted to impeach the entire West Virginia Supreme Court. This vote means that it will go to the WV house floor for impeachment consideration. Here's ...
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Did 'State' mean the same thing as today's 'country' during the time of the foundation of the USA?

It has been said that during the 18th century, the term State meant what we now refer to as countries. In other words, modern developments notwithstanding, did each US State start out as countries, ...
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Is the President of the United States bound by state laws?

The state of New York is currently in the process of passing a law allowing Congress to access the state tax returns of elected officials and top appointed officials. This is seen as a potential "end-...
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What is the furthest an amendment has gotten to 'fix' the elastic and commerce clauses?

There exists a strain of political thought in the United States roughly as follows: Most of the day to day government action (ie: not national defense) should be handled by state governments. ...
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Can a U.S. county secede from a U.S. state? [duplicate]

Assume a county in State A wanted to join State B. Would that be possible? If so, what would be the procedure? If not, why not?
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Does federalism lead to the separation of single states?

Federalism involves a great deal of power sharing, both at administrative and governmental levels. Federalism accepts the concept called 'right to self determination' to varying degrees, including '...
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Can states nullify the president's pardoning power by making federal offenses state offenses?

Can a state make federal offenses state offenses as well, so that even if the president pardons a criminal for a federal offense, they'll still be on the hook for the equivalent state offense? Edit: ...
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Is much of what the US federal government does unconstitutional?

Heard the argument that since much of what the federal government does these days - Freddie Mac, Social Security, Medicare, you name it - is not within explicitly listed Enumerated Powers in the ...
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441 views

Why is the Federal Government competing for medical supplies with the US States hit hardest by the COVID-19 Pandemic?

During the COVID-19 pandemic, hospitals and first responders have struggled with a lack of PPE, ventilators, and other essential medical supplies. The Federal Government has urged individual states to ...
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370 views

Is it possible for a federated state to be a member of two federations?

It's a well known fact territorial disputes are a constant source of instability and wars, especially if a territory contains both members of ethnicity X and Y. Would it be possible by having the ...
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860 views

How much is Russia actually a federation?

The official name of Russia is Federation of Russia. Federations are normally a bunch of semi-independant federated states that have their own local laws and tax-collecting habits, but that defer ...
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Do municipal and state police have to cooperate with federal police?

To what level do local/state police have to cooperate with federal police when state law differs from national law, especially regarding the recent legalization of recreational marijuana in Washington ...
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1answer
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To what extent has the idea of “laboratories of democracy” worked in the US?

From how I understand it, the idea of "laboratories of democracy" in the US is that state and local governments can better experiment with policies than the entire country can. So we can see what ...
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1answer
166 views

How does a federal state differ from an anarchist “federation”?

Anarchists such as Proudhon, Bakunin, and Kropotkin advocate federalism. As far as I understood from their works, this entails an organizational structure in which power flows "upwards" and ...
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1answer
249 views

Can states buy vaccines directly from the manufacturers?

New York and Michigan have been requesting to purchase vaccines directly from the manufacturers. From NBC News' reporting: No can do, Pfizer replied. While the company is ready to collaborate with ...
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630 views

What are the conditions and benefits of U.S. insular properties like Puerto Rico? [closed]

I always wanted to know which is the legal status of the associated states of United States like Puerto Rico. Who is the state head, of this kind of territory? Why can't they vote for the United ...
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3answers
378 views

Is there an American counterpart of ”Euroscepticism”; in other words, is the states' rights movement associated with reduced chauvinism?

In Europe, people opposed to specific policies of the European Union, expansion of the European Union, or transfer of powers from member states to the European Union, are often described by the media ...
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1answer
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Would the Trump administration's 'step up' on federal marijuana laws really impact the states where it is legal for recreational use?

In an article by CNN it notes that the Trump administration will allow federal involvement where state laws conflict with federal ones regarding Marijuana. Would this really have an impact on the ...
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271 views

Does the increased localization of government control provide a solution to the stalemate caused by two party politics?

I was considering posting this in the Philosophy S.E., to ask if this was an example of The Middle Ground Fallacy, but then realized that my context is entirely political. Much of federal politics in ...
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2answers
309 views

Is there a correlation between decentralisation of government and size of public sector?

Can someone provide sources and research for this claim? Size of public sector would be measured by number of public workers per citizen or public expenditure per citizen. There would seem that in ...
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0answers
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What are some potential dangers of decentralization in fragile societies?

I'm working on a paper where I consider a decentralized*/federalized* political system in Afghanistan. While there are many journal articles (a quick google search would show this) arguing in favor of ...
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Can the federal government of the United States influence when ballot totals are announced?

Would it be legal for the federal government of the United States to introduce a law, with words to the effect of: "No results of any congressional, senatorial, or presidential election may be ...
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2answers
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Can a country within a federated nation be admitted in the EU?

Right before the French Revolution, the western parts of the Austrian Empire and of the Kingdom of Prussia were part of the Holy Roman Empire, while their respective eastern parts (today Poland/...
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Is the there a term for state (or local) officers not caring about enforcing federal law?

I think it's generally accepted that in the US: state officers cannot be compelled to enforce federal law. For more details as to why that is accepted: In Printz v. United States, 521 U.S. 898, ...
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1answer
411 views

US Supremacy Clause: does it apply for administrative law?

According to Wikipedia, The Supremacy Clause is the provision in Article Six, Clause 2 of the United States Constitution that establishes the United States Constitution, federal statutes, and ...
4
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1answer
132 views

Why isn't Malawi part of the East African Federation?

The East African Federation is a proposed political/economic union of Burundi, Rwanda, Uganda, Kenya, Tanzania, and South Sudan. These countries form a physically contiguous block, speak similar/...
4
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1answer
175 views

Has there been research regarding the costs of maintaining a federation as opposed to a unitary state?

As an example, the United States are currently controlled by a bicameral Federal government and 50 state legislatures of which 49 are bicameral. This means that essentially there are 51 slightly ...
4
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1answer
433 views

Can you name some countries that had gone / is currently going through a change of form of government?

I'm currently researching about correlations of government types and its possible effects. As of late, I've just finished parsing some wiki pages and basically made tables of indicator rankings ...