Monday, September 13, 2010

Federalism and the Health Care Law

Students,

Below is a news article on the issues of Federalsim in the current health care debate.  Many states have been passing laws that would exempt the citizens of their state from the law because they feel that the law is unfair or unconstitutional.  Please leave your comments below AND feel free to respond to the comments of someone else.  Do this in a respectful manner. You may disagree with someone, but be sure to disagree in a respecful manner AND to cite specific evidence for why you agree or disagree.  This blog is meant to help you practice applying the concepts of our course to current events and to think critically about them.

This article can also be found at http://www.cnsnews.com/news/article/75212
_____________________________________________________________________________________

Health Care Law Could Mean End of Federalism If It Is Upheld, Virginia AG Warns


The Virginia Health Care Freedom Act bars state residents from being forced to buy health insurance.

Monday, September 13, 2010

By Fred Lucas





Kenneth T. Cuccinelli, II was elected Attorney General of Virginia on November 3, 2009. (Photo from Cuccinelli’s official Web site)



(CNSNews.com) – Federalism is on the line in Virginia’s lawsuit to invalidate the federal mandate to purchase health insurance, Virginia Attorney General Ken Cuccinelli said.



Cuccinelli is one of several state attorneys-general who is suing the federal government to drop the mandate. Virginia’s lawsuit is somewhat different because the state legislature passed a bill, signed by Republican Gov. Bob McDonnell, that said state residents cannot be required to buy health insurance.



On Aug. 2, a federal court ruled against the federal government’s motion to dismiss the lawsuit, giving Virginia a green light to proceed with the case.



“If we lose -- if they can just order you to do something and penalize you financially for not doing it, that is what we call a police power,” Cuccinelli told CNSNews.com Sunday, shortly after speaking at the 9/12 Taxpayer March on Washington.



“If they can do that, there’s nothing they can’t do because if all they have to do is lay a penalty on you for disobeying them, they can order you to do anything,” Cuccinelli added.



The Obama administration argues that the Commerce Clause of the Constitution gives the federal government the right to impose the individual mandate to purchase health insurance. Virginia argues that if someone isn’t buying insurance, then by definition, he or she is not participating in commerce and cannot be required to participate in commerce by law.



“That’s why it’s the end of federalism if we lose. That’s also why it’s so serious if we do lose it,” Cuccinelli told CNSNews.com. “It would be very destructive of the history of government in this country. We would have severely damaged what the founders gave us and what a million people over the history of this country have died to preserve, and we have a lot of work to do ahead of us. But we’ll work very hard to win this one.”



In March, President Barack Obama signed the Democrats’ $1 trillion health care overhaul bill. In addition to requiring individuals buy health insurance, the new law also requires employers to carry health insurance and requires insurance companies to cover preexisting conditions.



The Virginia Health Care Freedom Act, which bars state residents from being forced to buy health insurance, passed by lopsided margins of 90-3 in the Virginia House of Delegates and by 25-15 in the Senate.

Saturday, September 11, 2010

AP Government Federalism Assignment

Hello students. Below is your assignment:



e-mocracy Web Activity (adapted from Mrs. Wiens, Clayton H.S.)

Federalism is an important aspect of our democracy. To learn more about the establishment of our federal form of government and about some of today's issues relating to federalism, we will do the following exercises using the Internet. Below is a list of links with information that will help you fulfill the tasks found on the following page.



To learn the founders' views on federalism, you can access the Federalist Papers online at:

http://www.law.emory.edu/erd/docs/federalist



A great overview of the history of federalism in the U.S. with useful links:

http://www.cas.sc.edu/poli/courses/scgov/History_of_Federalism.htm



The following site has links to U.S. state constitutions, the Federalist Papers, and international federations, such as the European Union:

http://www.constitution.org/cs_feder.htm



The Web site of the council of State Governments is a good source for information on state responses to federalism issues:

http://www.csg.org/



Another good source of information on issues facing state governments and federal-state relations is the National Governors Association's Web site at

http://www.nga.org/



The Brookings Institution's policy analyses and recommendations on a variety of issues, including federalism, can be accessed at

http://www.brook.edu/



For a more libertarian approach to issues relating to federalism, go to the Cato Institutes' Web page at

http://www.cato.org/



For issues and laws affecting states (ex. No Child Left Behind), go to this excellent website

http://www.stateline.org/



You can find a large number of articles on federalism-related topics, such as the No Child Left Behind Act, on several general reference sites, such as news.findlaw.com, and news.google.com. Just go to these sites and type in your search. NOTE: Use Wikipedia last its information is most likely to be unreliable.



http://news.findlaw.com/                 

http://news.google.com/           

 http://www.wikipedia.com/


Task #1

Even though education, like public safety and public health, is the responsibility of the states, the national government still finds ways to shape education policy. In January 2002, President George W. Bush signed the No Child Left Behind (NCLB) Act into law. This act sets federal standards for education and then makes federal grants available to states that agree to achieve these new national standards. Let us take a closer look at this federal law to determine its impact on federalism.



Reviewing the law can be challenging. This review will not be that difficult, however. First review the Statement of Purposes (just review sec. 1001) of the No Child Left Behind Act,

www.ed.gov/policy/elsec/leg/esea02/pg1.html#sec1001

so you can gain a basic understanding of the intent of the legislation. Now review the part of the bill that says what the federal government will do for the states (just review secs. 6111 and 6112),

www.ed.gov/policy/elsec/leg/esea02/pg87.html#sec6111



Finally, read what the states must do in order to receive federal money (sec. 1111),

www.ed.gov/policy/elsec/leg/esea02/pg2.html#sec1111



The National Education Association is a critic of No Child Left Behind.

http://www.nea.org/home/NoChildLeftBehindAct.html



The C-SPAN Web site, has a definition of “unfunded mandate.”

www.c-span.org/guide/congress/glossary/unfunded.htm



Go to the websites listed on the previous page and the following website to learn more about NCLB. Scroll down to "News Organizations" for links to major news sources.

http://www.nytimes.com/ref/us/politics/POLI_NAVI.html



Answer the following questions on your own paper…

1. What do states get from the federal government under this act?


2. What are some of the things states have to do in order to get the federal money?


3. On what does the National Education Association base its criticism of the No Child Left Behind Act?


4. Is the No Child Left Behind Act an unfunded mandate? Explain


Task #2.

Select an issue other than NCLB and find an article that clearly illustrates some aspect of federalism that impacts your life or is of great interest to you. Even though the U.S. is a federal system of governance, increasingly the national government establishes national standards and then encourages states to comply with those standards through a system of spending, taxing, and providing grants—all of which can have a direct effect on you. When searching for issues and articles, look for headlines like "Federal Courts Review State Law" or "Federal Funding Increased for State Project".



Answer the following questions regarding this issue on your own paper:






1. Where does the power and authority rest in this situation? Justify that constitutionally.


2. According to the Constitution, which level of government do you think should have the power and authority in this situation? Explain.

3. Who should decide what matters ought to be governed mainly or solely by national laws? Explain.

4. Equality and participation are the two competing values at stake in federalism. It is virtually impossible to have more of one of these values without having less of the other. How are these values demonstrated in this issue?