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3 Cards in this Set
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Civil rights movement federalism |
Dual federalism experienced a strong blow during this time. The civil rights act of 1964 mandated schools desegregation as a condition of recieving schooo funding. that incentive, along with continued judicial proddint, proved much more effective. In demandimg that schools desegregate, the CRA continued to undermine principles of dual federalism. Federal authority begun to supersede state policied. the CRM presented anothet struggle about the meaning of federalism, and once agaim the forces of nationalization truimped. Claims of states rights could not withstand the powerful moral and practical arguements favoring equal rights for african americans. through judicial decision. military action, and legislative initiatives, the national government federalized the issur of racial discrimination |
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New Deal era |
New Deal federalism changed federalism bc the Courtd begun to be more reluctant to limit power of Congress, especially if it concerned the Commerce Clause. The Courts felt likr it was up to the federal government to get the Nation out of th Great Depression. |
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NFIB v. Sebellius |
In 2010 Congress passed a controversial healthcare law, the Patirnt Protection Affordable Care Act. Shortly after, multiple parties including business organizations, individuals, and 26 states filed suit in district courts across the country to challenge the acts constitutionality. The results were fractured. Some courts upheld some parts or the entire ACA. the national federation of independent business, the state of florida, and other plaintiffe, sued in florida federal court catherian sebelluis, the secretary of the us department of health and human services. the litigation challenged two key provisiond: the individal mandate, which requires individuals to purchase health insurance or pay a penality. and secondly the medicaid expansion provision. basically the federal government could withhild mediciad money from states who chose not to particpate in the act. the supreme court ruled in favor of the individual mandate and thought of it as as tax power. even though they didnt believe individuals were participating in commerical activity bc ppl who had to pay the tax werent buying insurance |
