Question

Read this passage: The federal government is demanding that a state change three policies it recently introduced. The first policy reduces state sales tax to a very low percentage. The federal government objects to this reduction, arguing that it will hurt funding for public schools in the state. The second policy legalizes certain drugs that are banned under federal law. But the federal government objects to this policy because it claims that only federal authorities should be allowed to regulate the legality of drugs. Finally, the federal government objects to the states attempts to negotiate a trade treaty with the Mexican government. Federal leaders argue that all treaties must be approved by Congress, not by individual states..........Then answer these questions: 1. how do the conflicts described in the passage relate to the principle of federalism?......2. How do you think each conflict would be resolved under the modern system of cooperative federalism?be sure to identify what type of power(delegated, concurrent, or reserved) is involved in each case.

Answer 1

1. how do the conflicts described in the passage relate to the principle of federalism?

In that states have the powers that are not specifically reserved to the federal government as per the Tenth Amendment. Thus, the power to levy taxes is a concurrent power for the states and the federal government. There are even some states that do not have a state sales tax and there are other ways of taxation to get the funds for public schools.

Concerning the drugs, it depends on which ones, the most relevant issue is cannabis and the debate whether the states have the right to legalize it continue raging between state legislators and federal ones, transcending party lines. The conservative Supreme Court has ruled against state’s rights on some occasions and for state rights on others. There are federal statues concerning this substance, which contradict state laws allowing its production and commercialization. It is a complete mess and 64% of Americans support legalization. So yes, it has a lot to do with federalism but the debate remains open and bitter on whether the power to legalize cannabis is a reserved, delegated or concurrent power.

Finally, a state cannot negotiate a trade treaty with a foreign country; that is a delegated power that falls within the US Congress’ purview.

2. How do you think each conflict would be resolved under the modern system of cooperative federalism? be sure to identify what type of power(delegated, concurrent, or reserved) is involved in each case.

In the case of the state sale tax, the federal government and the state government; both of them would negotiate the best solution to the issue but the state government would have the last word since it is a concurrent power.

In the case of cannabis, another negotiation would be necessary but constitutionalist experts are torn on the issue so a definitive answer has not yet emerged.

In the case of a trade treaty with another country, it is a delegated power and the Constitution would need to be amended in order to allow some kind of cooperative, federalist solution.