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Paper 3 US · 2025 · 30 marks
Evaluate the view that Federalism is in decline.
Constitution / Federalism
Mark scheme: agreement
AO1: Presidents are increasingly more likely to push for federal policy on issues AO2: Presidents may campaign on a populist or personally important issue that has national implications such as Obamacare or Biden's Build Back Better which may strengthen federal power/reach at the expense of the states AO3: This suggests federalism may be declining AO1: Congress has passed/attempted to pass a number of laws that have strengthened the power of the federal government AO2: Such legislation may be in support of presidential proposals, such as tackling national crises, or to consolidate minority rights across the whole of the US, such as Respect for Marriage Act AO3: This suggests federalism may be declining AO1: High levels of partisanship in Congress AO2: This leads to a Congress that is more able to push for a national agenda, and be more successful in a time of united government - or to be more able to oppose proposals that impact on states' rights in times of divided government AO3: This suggests federalism may be declining AO1: Interest groups still focus much of their effort at a federal level AO2: This is true during the election cycle as well as during presidential terms/congressional sessions, demonstrated by high levels of expenditure, lobbying and the presence of iron triangles AO3: This suggests federalism may be declining, or alternatively that this demonstrates how the expansion of government over time has inevitably led to more focus on the federal government at the expense of states' power AO1: The role of the federal government has increased at times of national crisis AO2: This has been an issue for many years now but become more prominent with the threat of terrorism and the need to coordinate a national response to Covid-19 AO3: This suggests federalism may be declining, or at least has to give way to federal government power temporarily in times of crisis
Mark scheme: disagreement
AO1: Supreme Court rulings have ruled presidential attempts to impose federal rules unconstitutional AO2: This helps to reinforce the federal system designed by the Founders e.g. Biden was prevented from enacting his student loan forgiveness scheme AO3: This suggests that federalism is not declining AO1: Divisions within Congress have made it difficult to pass legislation that limits states' rights AO2: This ensures federalism performs as intended, as it prevents Congress from dominating the states e.g. it has proven difficult to find a federal agreement on legislation protecting the right to an abortion AO3: This suggests that federalism is not declining AO1: States are increasingly pursuing individual policy in key areas AO2: This uphold the federal system as intended e.g. when Roe v Wade was overturned, large numbers of states adopted a vast range of policies on the legality of abortion. This also applies to other areas such as LGBT+ rights where there is a huge variety of laws across the states AO3: This suggests that federalism is not declining AO1: Public opinion continues to show more trust and support in state/local government than federal government AO2: This reinforces the parochial nature of Congress in particular, as the need to appeal to state/local issues makes pursuing a national agenda less likely, and demonstrates that federalism is working as intended if the public rely on/trust their state/local representatives more AO3: This suggests that federalism is not declining and instead is working as intended AO1: Federal programs/projects still rely on states to enact them as intended AO2: This demonstrates that even with a federal program such as Obamacare or Build Back Better, the federal government must work with the states to ensure such programs work in practice AO3: This suggests that federalism is not declining and is in fact working as intended
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