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Answer
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Hint
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Influence on Central/Federal Government
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There are examples of legislations/policies being used in federal and devolved institutions that have influenced laws passed in both Congress and Westminster. For example, environmental legislations passed in California have been adopted by Federal Government, as have measures taken by the Scottish Parliament have influenced legislations made at Westminster, for example 5p carrier bag charge and the ban on smoking inside public facilities.
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Applicability
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In the UK - devolution does not apply to England, only Wales, Scotland and Northern Ireland. Most of the UK's population lives in England, which doesn't have its own parliament. Decisions are made by Westminster MPs, the power of English Councils is tightly circumscribed and they enjoy nothing like the primary legislative powers of the devolved regional assemblies. This means devolution is 'incomplete' in the UK. In the USA - it is uniformly governed by the federal system and all 50 states enjoy legislative equality. Federalism is 'complete' in the USA. However, state laws must conform with both federal law and the constitution. Hence, many state laws, such as abortion laws and those dealing with campaign finance, end up being challenged in the courts. |
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'State focused' basis
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This refers to the idea that US states have a high degree of autonomy and control over their own affairs. For example, following the abolition of slavery, the laws passed by States were often determined on ‘inequality’ – For example, the ‘Literacy Test’ that actively served to prevent African-Americans from casting a vote and this was mirrored in the ‘Jim Crow’ laws put in place in some southern states following ‘emancipation’ and the number of illegal ‘lynching’s’ that took place in some US states where the perpetrators were not prosecuted.
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Cultural Theory
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States' rights are a deep-rooted concept in US political history, reflected in a strong attachment to state-based institutions. State governors often enjoy higher approval ratings than presidents and Congress.
The leaders of the UK regional assemblies are far more recent arrivals on the political stage, although arguably their profile and importance has grown considerably in recent years. |
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Similarities
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This is associated with how devolution and federalism have had similar approaches to central/federal government. For example, like England, Wales, Scotland and Northern Ireland still vote and send MPs to Westminster, and in the US, citizens within a State vote for both the State Legislature and vote for Representatives and Senators to sit in Congress.
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Entrenchment
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Federalism - An entrenched principle of the US Constitution (Tenth Amendment - States Rights), can't be repealed easily. Devolution - Was adopted by parliamentary statute (Devolution Acts, 1998). The relevant legislation having been created and sustained only by parliamentary laws means, in theory at least, that a subsequent parliament could reverse devolution, but unlikely in current political climate (2023). Equates to delegation, not alienation of powers. |
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State Elections
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These are significant affairs in the USA and often fiercely contested both between and within the two main parties.
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Law-making powers
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Under federalism, States have greater law-making powers than the devolved regions in the UK, a case in point being the death penalty. In the US, each State can legislate on whatever it wishes within the confines of that State. Whereas, under devolution, law-making powers are 'qualified' and can only legislate on areas devolved to them from Westminster But gap between these systems = declining: -Growing legislative divergence across the different parts of the UK, top earners pay more income tax in Scotland while university students pay far higher tuition fees in England. Devolved assemblies also get to partially decide their own electoral systems for assembly elections, meaning that there is now a greater variety of systems employed across the UK. Scotland and Wales use AMS system, Northern Ireland uses STV system. -Contrast in USA, reach of central or federal government has increased markedly in recent decades. Major federal initiatives in healthcare (Affordable Care Act/Obamacare 2010) and education (No Child Left Behind Act 2001) have undoubtedly reduced the autonomy of individual states. However, US States can still decide the electoral systems they use. |
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Nationalist Parties
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This relates to political parties in the UK's devolved regions (such as the SNP and Sinn Féin), which view victory or strong showings in assembly elections as important stepping stones towards securing their goal of full independence. By contrast, secession has been off the cards for US States since 1865 (end of the US Civil War).
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