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Essay backgrounds on federalism
Federalism throughout american history
Federalism throughout american history
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The U.S. Constitution creates a unique system of federalism. It is a system of government that divides power between a central governmental unit and local administrations. In this way, both central and local governments enjoy sovereignty. However, because the two governments share authority over the same territory, it may be problematic to establish the division of their powers. The central power needs to exercise its authority without infringing the authority of a local government while local governments should not encroach on national interests. The American federalism is defined by the Constitution which establishes the separation of power between federal and state governments, but throughout history, federalism has experienced a number …show more content…
One of them is the Supremacy Clause in Article VI. It states that the Constitution and federal laws are superior to any state laws and can override any state provisions or conflicts (Dautrich & Yalof, 2016). The 1816 Martin v. Hunter’s Lessee Supreme Court case has also established that states cannot interpret the Constitution and should adhere to the Supreme Court’s interpretation of it (Dautrich & Yalof, 2016). In this way, federalism exercises preemption, according to which federal laws supersede state laws within the enumerated powers issues. Additionally, the full faith and credit clause and the privileges and immunities clause regulate relations between states (Dautrich & Yalof, 2016). Through such provisions, the Constitution provides additional regulation of power in the federal …show more content…
This process is known as devolution. The landmark case in this process is Gonzales v. Raich which returned authority over drug regulation to the states. After a sharp increase in the support of the strong federal government after the events of 9/11, it has been steadily decreasing ever since (Dautrich & Yalof, 2016). In general, the process of shifting power balance within the federalism system is natural as the system responds to the changing economic, social, demographic, and technological
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
Amongst the Anti-Federalist Papers, there are at least three arguments against the proposed checks and balances system. At the very beginning of these papers, Centinel quickly introduces the first of them. The author defines the thought of the system as proposed by Adams. He then argues that the system would only work in a society with hereditary orders. His example: the British have such orders, creating real distinctions of rank and interests. Even in this system, according to Centinel, the only “operative and efficient check” is the sense of the masses.
Federalism plays an integral part in the growth and development of the United States of America and is a key factor in determining the basis of power in this country. Clearly, the term federalism can be understood in many different ways pertaining to each person's view, but it can be more broadly defined in terms of the separation between the state and federal government. Thomas E. Patterson defines federalism as, “the division of sovereignty, or ultimate governing authority, between a national government and regional (that is, state) governments. Each directly governs the people and derives its authority from them” (Patterson 74). He then goes on to give a more basic definition with, “American Federalism is basically a system of divided powers” (Patterson 74). But federalism is more than just a word with a definition. It is hard wired into the constitution because the framers knew how important this division of power would be for the development of America and to ensure power would ultimately reside with the people.
Setting the stage for our national and state government, Federalisms, looked to be a solution to these issues. By focusing on a strong state government, Federalism, shifted power away from the national government. Two strengths of these changes are and increase access to government, and tailored policy that fits the local government’s needs. Two weaknesses of American federalism are that local interests can hinder nationally supported policies, and a conflict of authority.
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my perspective by weighing the evidence based upon resources. Based on these resources, it will aid me to evaluate the recent development in the federal-state relationship.
When the constitution of the United States was formed, the framers specifically designed the American Government structure to have checks and balances and democracy. To avoid autocracy the President was give power to preside over the executive branch of the government and as commander –in –chief, in which a clause was put into place to give the president the power to appeal any sudden attacks against America, without waiting for a vote from congress. While the president presides over the executive branch there has been ongoing debate over the role of the president in regards to foreign policy. Should foreign policy issues be an executive function by the president or should congress play a much greater role? With the sluggishness of our democracy, foreign policy issues most times need quicker response compared to how domestic policy is decided in the United States. Many believe to maintain openness and democracy both the president and congress need to agree on how the United States handles issue abroad. Although the president has been given much power, his or her power and decisions are sometimes limited based on decisions by congress and challenged and shaped by various bureaucracies throughout the government system. I shall discuss the Presidents role and the role of governmental bureaucracies (Department of Defense, Department of State and the National Security Council) that work together and sometimes not together to shape and implement American foreign Policy.
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
Jay, later named as first chief justice of the Supreme Court, wrote five of the
Although the power has shifted back and forth from stronger decentralized government to a dominant centralized government, the balance between the two has yet to fall completely. Thanks to the limitations the Founders installed into our Constitution, there has yet a time where the states or national government has the total power to control the nation as a whole. We call this type of government system as the federal system. In a federal system, there are different but separate levels of government who has their own powers. Furthermore, in order to ensure that the centralized government is not oppressing the states there are also limitations on certain national powers (McDaniel and Shaw, 2014). However, through the various Supreme Court controversial cases, we see that the Supreme Court is giving the states the choice to legalize or not laws such as same-sex marriage and gun control. Yet on the other hand, states have increasingly depended on the national government for funding various activities such as educational funds and national security funds (Kollman, 2013). Since states have to rely on the national government for the various funding, it seems as if the national government essentially has the upper hand over what the fifty states can and cannot do.
Debates over how the division of powers between the states and federal government should be handled have been predominant from the very beginning. The founders understood that this decision would have an enduring influence on the types of policies implemented along with how the impact would be felt by the citizens. This would all be dependent on if the laws were coming from Washing D.C. or the state capitals (Barbour and Wright, 78). In light of this the founders established the United States government based on a fair division of powers between Federal and State governments as highlighted in the constitution and tenth amendment. However, in the past few years I believe the country has shifted towards giving more power to the federal government. In this paper I argue that despite the current transition towards a strong centralized government a balanced system based on the federalism intended by founders is the best option for the distribution of power.
Federalism is a political system in which authority is divided between different levels of government (Barbour and Wright, 75). Federalism has been around since 1787 in the United States of America. The divided powers between the state governments and the national governments are powers that are limited to a certain level so they do not depend on each other for power. The United States of America has a federal government in which the central government shares influence with the numerous smaller state governments. The idea was for a “more perfect union.”
...ers. It also defined what power a state has over a legitimate federal institution. For example, a state may not use its power to impede the operation of a federal institution by taxing its activities, but still has the authority to collect property tax from a federal institution.
The current state of federalism in the United States is of one of peril, plagued with recent Supreme Court rulings, current debates over the devolution of Federal powers, and variance in State governing. The United States has always been troubled with the role of the Federal government V. State government on numerous issues. Since around the time of the Great Depression, the federal government was charged with the taking care of the American public in many social and economic matters. Congress was then granted by the Supreme Court almost complete power in passing any sort by legislation by relating it somehow to the Commerce Clause. The Commerce Clause found in Section 8, Article I, United States Constitution, states that Congress may regulate any and all commerce between foreign nations and the states. Congress simply related almost all legislature in some way to intrastate commerce, therefore making the passing of their legislation constitutional. This system was greatly used by Congress for almost sixty years, when, in the late nineteen-eighties and early nineteen-nineties many individuals and special interests groups challenged the constitutionally of these laws passed by Congress using the Commerce Clause. In several cases, such as United States v. Lopez, Congress was dealt a powerful blow and the states seemed to gain an upper hand. In a 5-4 decision, the Court ruled that Congress had exceeded its authority under the Commerce Clause by enacting the Gun-Free School Zones Act of 1990. This, along with many other laws repealed by the Supreme Court, weakened Federal control and gave power back to the states, a grievous mistake in my opinion. This increased the strains on the role of federalism in the United States and once again brought up the question, who has the power to govern what? In addition to this, federalism has taken a frightful turn with the current debates of devolution, or returning power to the states. Many current Congressmen and citizens alike believe that states should have a greater level of sovereignty and that federal power should be weakened so as to strengthen state governments. In contrast, many others believe that the Federal government should be allowed more power. This and other conflicting ideas have lead to a constant strain on the abilities of the government to best carry out its duties.
Federalism, by definition, is the division of government authority between at least two levels of government. In the United States, authority is divided between the state and national government. “Advocates of a strong federal system believe that the state and local governments do not have the sophistication to deal with the major problems facing the country” (Encarta.com).
Federalism is a legal concept that is centered around the concept that law is best handled as a two layered responsibility. Federalism is also built on a belief that sharing power with the local government is key to a successful governance. According to the text book, “the United States was the first nation to adopt federalism as its governing framework” (pg83). The following are a few examples of some advantages, as well as disadvantages of Federalism.