Tuesday, December 4, 2012

F2


1) The Americans with Disabilities Act prohibits, under certain conditions, discrimination based on disability. The Act is a federal law, so it affects all citizens and can't be overturned by the State governments. The law also mandates that all public entities and accommodations be accessible to people with disabilities. This includes all entities at the local and state level, so the federal government is exercising superior power over the state governments in making sure these facilities meet national regulations. Preemption follows decrees enacted by the Supremacy Clause to the U.S. Constitution that state that the federal government has ultimate supremacy, or power and say, over the state governments. Through preemption laws created by the federal government can make state laws void, giving the national government more power.

2) In the court case U.S. v. Lopez, the Supreme Court made a ruling that limited the power of Congress under the Commerce Clause, a clause in the U.S. Constitution that gives the federal government the power to regulate interstate and foreign commerce. The Supreme Court ruled that the regulation of carrying handguns was not under the power of Congress, thus decreasing the influence of the federal government. Devolution is the transfer of power from the central government to the state and local levels of government.The Welfare Reform Act of 1966 is an example of devolution, for the process by which money was distributed to people in need shifted from the national government controlling the distribution to the state governments controlling the distribution. Therefore, the federal government experienced a decrease in power over the states.

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