Federalism and the Individual Federalism Discussion Chapter

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However, it is important to realize it only protected some individuals. White business owners had their property rights changed when they were forced to serve African-American patrons. Remembering that there is generally one group that loses some power when another group gains power is a good way to understand the arguments for and against federalism.

In fact, the Civil Rights Movement marked a shift in how the U.S. Supreme Court approaches federalism. Federalism used to be thought of as a way to preserve state rights, but the Court has made it clear that the federalist system is to protect individual rights, and that the states do not, in and of themselves, have any rights (O'Neill, 2002). Instead, state government rights are only recognized in so far as to protect the rights of individual citizens. This is an idea that was discussed during the recent debates over universal healthcare.

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There was tremendous support for universal healthcare in some states, while there was tremendous opposition to it in other states. However, the federal government mandated that the individual right to affordable health coverage was more important than the state right to be free of federally-imposed health care insurance requirements. Again, one must look at the fact that this law impacts different individuals in different ways. It will make it possible, in fact, necessary, for lower-income workers to purchase health-care insurance, which will improve access to healthcare. However, it also imposes penalties for failure to do so, which some believe unduly infringes on individual rights. What this example makes clear is that how one views federalism depends strongly on the issue being discussed and one's personal views about that issue......

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