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What are examples of events in federalism of states not being able to resist national government power?
events that occurred after the end of dual federalism in 1860
1 Answer
- SocratesLv 79 years agoFavorite Answer
Basically, any power the Constitution says the federal government (generally speaking Congress) has is federalism. However, states can resist this since they are part of the ratification process. What you might be referring to is the federal government being allowed to "reinterpret" the constitution through the Judicial Branch treating the Constitution as a "living document". The states are given no say in this and their only recourse is legal, leading to the SAME Supreme Court that made the ruling that they are now reacting to in the first place. The deck is stacked against them.
States lost their direct representation when the 17th amendment was passed that made Senators elected directly by the people of a state instead of the state determining how they are picked. This made it harder to "resist" legislation.
Obamacare and it's effect on state Medicare expenses is legislation that states don't like but have had a hard time fighting. Some states are also suing to gain control of their land that is owned by the federal government. The states want to drill for oil. The Obama Administration is not open to expanding on this.