Discussion Questions

1. What is federalism? Why is it by its very nature fraught with conflict? What are some examples of this conflict?

2. Which level of government should have control over American policies on drugs? Why did you choose the level that you did? What issues might there be with having that level in charge?

3. What is the supremacy clause and why is it important? In what ways did it clarify the federal system in the United States? In what ways did it complicate the arrangement?

4. What is the necessary and proper clause and why is it important? In what ways did it clarify the federal system in the United States? In what ways did it complicate the arrangement?

5. What are states’ reserved powers? Where do they come from and what do they include? How much power is really reserved for the states in the original Constitution as written?

6. What is nullification and why is the idea so controversial? Can you think of any current examples of cases where states have tried to nullify federal action? Do you consider the issue to be fully settled, why or why not?

7. Try to imagine yourself in the 1930s; do you think that you would have supported FDR’s federalism “revolution”? Why or why not?

8. What was the New Deal and why was it so important in terms of federalism? How did it change the federal-state relationship? Why have we not seen a major resurgence of state power since then?

9. What was the Great Society and why was it so important in terms of federalism? How did it change the federal-state relationship? Why have we not seen a major resurgence of state power since then?

10. Why was the National Industrial Recovery Act so controversial? Do you think that it would be similarly controversial today, why or why not?

11. What is the 10th Amendment and why is it so important to understanding federalism? What is the amendment so relatively difficult to use in court?

12. What is devolution and how did it reflect a major change in the way that the federal government spent money? In what ways could devolution lead to positive changes? Negative changes?

13. Think about the issue of ecommerce taxes. Should states require online transactions to be taxed locally (i.e. with state and local sales taxes)? Why or why not? If so, what location should be used, the place selling or the place buying? And which level of government should collect those receipts?

14. What are unfunded mandates and why are they controversial? Can you think of any examples of these kinds of policies? Why have unfunded mandates proved so difficult to eliminate?

15. Generally speaking would you rather live in a government with strong states and a weak national government or vice versa? Why did you answer as you did? How close do you feel to you state representatives? Your national representatives? Your governor? Your president?

16. Why in the modern era are conservatives generally associated with support for strong state governments while liberals tend to support a strong national government? How did this dichotomy develop? Consider this question in relationship to the welfare state as well as to national security.

17. Think about federal-state relations and interest groups. Why might business groups prefer a strong federal government to strong state governments? Why might they prefer the opposite? Now consider labor unions, consumer groups, and environmental groups.