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power within the federal government essay
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When it comes to identifying the powers of the federal government, we know where to look, but it can be complicating at times. Article I of the Constitution provides a list, which specifies powers to each branch of government. The debate is, and has always been, how to interpret the meaning of these provisions and how broadly or narrowly to interpret that meaning. Although the Constitution provides a specific list of limitations on state powers along with a list of certain rights, it does not provide any written list of state powers or even a general statement as to their scope. In America, the states existed first, and they struggled to create a national government. When the framers proposed to replace the Articles of Confederation with the U.S. Constitution, they created a new form of government known as federalism. Federalism in the United States is the evolving relationship between U.S. state governments and the federal government of the United States. Such change was considered a hybrid form of government, a mix of a unitary government and a confederal government. 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. (2013, October 4). In Wikipedia, The Free Encyclopedia. Retrieved 21:41, November 18, 2013, from http://en.wikipedia.org/w/index.php?title=Hollingsworth_v._Virginia&oldid=575768628 Printz v. United States. (2013, October 20). In Wikipedia, The Free Encyclopedia. Retrieved 07:43, November 19, 2013, from http://en.wikipedia.org/w/index.php?title=Printz_v._United_States&oldid=577981843 "UNITED STATES v. DARBY," The Oyez Project at IIT Chicago-Kent College of Law, accessed November 19, 2013, http://www.oyez.org/cases/1940-1949/1940/1940_82. Vile, J. R. (2010). Essential Supreme Court decisions- summaries of leading cases in U.S. constitutional law. (15th ed., pp. 14-15). Lanham, Maryland: Rowman & Littlefield Publishers, Inc.
Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.P.pdf (last visited Apr.4, 2014).
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Federalism was initially defined as the arrangement of powers that came from the people. The powers were divided at the national and state level government. In America’s history, federalism began with the idea that people granted power to the states which then granted power to the national government. As a result, this produced a weak national government. To overcome this, U.S Constitution was created to build a powerful national government, but at the same time provided rights to the state and its people. Federalism provided a good structure of government for United States. It made it easier to run a country as big as United States by separating powers at different levels. With its strengths, the federal system came with its weaknesses. Over
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.
Federalism or “federal” ties around a system of government. It controls armies, declares wars, coins money, and regulate trade between states and foreign nations, and treaties (Mrs, Crouse’s powerpoint pg:3 num:9). Specifically this was created to organize the powers that exist in the system of government so everything can be organized. It also divides the power among a central government and several regional governments (Mrs, Crouse’s powerpoint pg:2 num:8). More ever Since everything passes through one system it had to be divided into 3 sections: delegated powers, implied powers, and inherited powers.
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