Advantages Of Federalism A Unique Features Of American Constitutionalism

A unitary government did not have a system of states with indivisible boundaries; instead power flowed directly from the national government to the people. On the other hand, the confederal government, required the national government operate through the states, which had primacy in the system. Federalism is one of the most important and innovative concepts in the U.S. Constitution, as well as one of the most persistent and divisive issues in U.S. history. The framers of the U.S. Constitution created a system that divided power between the national government and the states, as well as allowing governments to operate directly o the people. The j... ... middle of paper ... ...3:28, November 19, 2013, from http://en.wikipedia.org/w/index.php?title=Coleman_v._Miller&oldid=580100972 Hollingsworth v. Virginia.

Federalism is a form of government that divides power between central government and states government. Federalism allows states to be independent in their own policy making while also integrated within the federal system. This system allows the states to regulate their own issues while also staying connected through the federal system. Federalism is one of the most important and innovative concepts in the United States Constitution, although the word never appears there. In America, the states existed first, and they struggled to create a national government.

This gives state and local governments numerous responsibilities and powers, such as the power to collect taxes and to pass and enforce laws. Members of the Federalist defended the concept of a strong national government. However, the opposing party the Anti-Federalists feared that a strong national government would overpower state government. The presence of both a state and national government does not nesscarly make a government system federal. The federal system is when a constitution is established that divides government powers between the states and national government, defining clearly the functions of each.

The central question of federalism is “Who should do what?” National government supporters believe only a strong central government is capable of ensuring the rights and liberties of its citizens. States’ rights advocates argue for limiting the implied powers of the national government. Federalism was a compromise for the conflict of states’ rights versus central authority. Federalism divides power between the national and the lower level governments with each having distinct powers that the other cannot override. (pg.

The United States government system is very interesting and complexly designed. The state and federal government is a mirror of each other when it comes to the generics of the executive branch, legislative branch, and judicial branch, however, internally the state government has major differences on how the branches are conducted. Throughout this paper we will discuss the greatest difference between state and federal, which is the state cannot change or remove laws passed by the federal government but they could change how they execute the federal laws to their liking as long as it is constitutional. The United States is comprised of Federal and State governments. The Federal Government is located in the District of Columbia where it is run by three branches, the executive branch, legislative branch, and the judicial branch.

A federalist government has three main ideas and rules for it to be successful. Essentially, a federalist government needs to be over one land mass or territory and the same population of people. Next, there needs to be a source of authority and power for each section of government. Finally, the last regulation is that neither levels of government can abolish each other. A federalist government works for America because the states are constantly going to be fighting for so much power over each other and this helps them not gain the power.

The first part of analysis is determining if the act can be regulated by any government, which refers to the authority of the people. However, if the authority is specifically designated the next step in the analysis will be to establish if the authority is held by the federal government. If the federal government may regulate the area, the next question to answer would be whether the states can concurre... ... middle of paper ... ...Congress has the ability to regulate welfare based on Article I, Section 8 of the Constitution. Regulation of morality should remain limited. Moral values differ too much between individuals.

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). Even before the Constitution was ratified, strong argument were made by Alexander Hamilton, John Jay, and James Madison in the Federalist Papers urging the inclusion of a federal form of government to replace the failed confederation. In Federalist Paper No.

The federal system created in 1787 continues to shape American, but there are still arguments about the role of the national government vs. the state. From the start, framers of the constitution wanted to choose a system of government that would be strong from a national point of view and show that the states existed. They knew a strong central government once resulted in the revolution for self-government, and that a strong state government was too weak for national problems based on the articles of confederation. Therefore, the only system capable of equaling government powers out would be the federal system. The federal system creates a separation/division of powers in order to prevent tyranny or abuse from a one sided government.

Federal politicians use desultory commands as leverage to ensure that the states comply with their wishes. The federal government cannot tell the states what to do but such schemes are just unfair. An amendment abolishing federal mandates would create a stronger democracy by giving the state legislatures full control over the implementation of laws at the discretion of the voters thus placing power back in the heart of the US democracy, the people, where it belongs. Some may argue that adding an amendment eradicat... ... middle of paper ... ... foreign land but, it is that very government not letting them have a celebratory drink upon their return home. An amendment to the constitution eradicating federal mandates would make lead the country to be more democratic by once again placing the majority of the say in the hands of the people and therefore, with the state legislatures.