POLS 206 American National Government Megan K Dyer September 23 2014 Overview Today 1 Policy diversity Federalism democracy 2 Federalism case studies Legalization of marijuana Gay marriage 3 Reflections on Federalism Policy Diversity Federalism Recap Both national state gov ts have sovereign authority National power limited States Policy Diversity Silence in Constitution on subject of state power Implies states have great residual authority over many policy areas Policy Diversity Classic state powers To make laws for the general welfare of their communities Aims Safety Health Morals e g fighting crime labor regulations public health blue laws Policy Diversity Result of federalism Great legal variation in state policy States are different policies are different Federalism Democracy Effect on democracy Empowering local majorities State policy can better reflect interests of local people e g TX energy agriculture Federalism Democracy Effect on democracy Danger to minority rights Powerful majorities can be dangerous e g Jim Crow laws Federalism Democracy States as policy innovators e g Environmental regulation Child labor laws Min wage Civil rights protections Laboratories of democracy Contentious innovations Federalism Democracy Policy debates w federal angle Healthcare Abortion Immigration Drugs Marriage Drugs Federalizing Crime Making criminal law is a classic state police power National gov t taking a greater hand Drugs Drug Laws National Law Controlled Substances Act 1970 What does it do DEA Drug Enforcement Agency Drugs Status of cannabis under national law Drugs State by state variation e g Colorado e g California e g Texas Drugs Possession still illegal under nat l law BUT national gov t can t enforce broadly Federal priorities Local cooperation in limbo Standoff Drugs DEA Position Federal law is unchanged Maintains enforcement priorities Obama administration largely wait and see Drugs Push for legalization has been state led Innovation laboratories of democracy Aside tax revenues Marriage Marriage States have different legal definitions of marriage Surprising variation full faith and credit Marriage Minimum age Min ages w o requiring other consent Restrictions on younger couples Marriage First Cousin Marriage Legal in 19 States D C Illegal in 25 states including TX Legal under certain circumstances in others Marriage Property in Marriage Communal Property i e assets divided 50 50 10 states including TX Equitable Distribution Common Law i e name s on the deed All others Marriage On the basis of race Now unconstitutional Loving v Virginia 1967 Marriage Former anti miscegenation laws No laws passed Repealed before 1887 Repealed from 1948 to 1967 Overturned by Loving v Virginia Marriage On the basis of sex Contentious contemporary issue Marriage Laws that prohibit marriage based on sex Marriage similar unions legal Partnerships civil unions No prohibition or recognition of same sex marriage or unions Judicial ruling overturning bans stayed pending appeal out of state recognition Same sex marriage banned Marriage Legal Issues at play Interstate recognition Full faith credit Federal benefits conditioned upon state recognition of marriage Can the national gov t define marriage for itself Marriage Defense of Marriage Act DOMA 1996 Federal def of marriage one man and one woman as husband and wife Nat l law providing a legal definition for federal purposes Marriage U S v Windsor 2013 Overturns federal definition Upholds states not required to recognize other state s same sex unions Full faith credit Federal recognition Marriage Marriage as a rights issue No ruling on rights based questions in Windsor Many legal issues unsettled Other Issues Policy variation grab bag Healthcare States attempting to opt out of parts of the Affordable Care Act Others experimenting with state healthcare long before Other Issues Policy variation grab bag Abortion State laws vary greatly regarding public funding timeframe facilities attending physician Restrictive state laws regularly challenged Other Issues Policy variation grab bag Immigration Border states v national immigration policy e g Arizona legislation Overturned as preempting federal law Reflections US Federalism reflects Wariness of one size fits all national policies Some public goods have smaller audiences What is truly national Wrap up Importance of federalism in U S Different levels For making policy For citizens groups to influence policymakers Messy conflict even confusion