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The struggle between state and federal power
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The struggle between state and federal power
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The American system of politics, based on Federalism, distributes power, roles, and responsibilities between the federal government and the state government. Although these two governments are separate, they are unified because of the United States Constitution, the foundation of the laws and the governmental system. Nonetheless, the unity of the two governments has not curtailed the exorbitant number of cases filed in the Supreme Court ranging from gun control to physician-assisted deaths. The Supreme Court final verdict sets a precedent for future cases. As a result, the Supreme Court has a momentous effect in allocating authority between the state and the federal government. Although, in most cases, the Supreme Court favors the federal government.
The case came to the Supreme Court as the infamous Federal versus State battle for power. Once again the question plagued Marshall whether to support Federalism, or keep States’ rights alive.
The United States Constitution begins with the simple phrase “We the People”. Yet, with three simple words, the ideology it stands for has shaped the entire country (O’Connor et al., 2011). The short phrase signifies that the document, and thus, the government, is based upon the people themselves. The Constitution reflects the culture and ideologies of its citizens. Similarly, state constitutions reflect the people, albeit in a more specific locality. The key differences between the United States Constitution and that of local states are due to the distinctions between the scope and characteristics of the people they govern.
If you drive to another state, the state that you drove to is required to honor your driver’s license. The states are also required to recognize any sort of official decision made by the courts in a different state
In the final copy of the Constitution, many compromises were made between the Federalists and the Anti-Federalists. The main goal of the Federalists’ was to ratify and publish the Constitution; however, the unanimous ratification by all thirteen states needed to publish the Constitution set their progress back, as the Anti-Federalists had many issues with the standing draft of the Constitution. The primary topic of discourse between the two factions was over the addition of the Bill of Rights. Another topic of contention held was the Anti-Federalists’ demands for full and fair representation in the government. Their argument was that the Constitution would give an overwhelming amount of power to the federal government, and leave the state and local governments deprived of power. They feared that the federal government would be too absent in governing to represent the citizen, as a
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.
Such precedent setting decisions are usually derived from the social, economic, political, and legal philosophy of the majority of the Justices who make up the Court, and also represent a segment of the American population at a given time in history. Seldom has a Supreme Court decision sliced so deeply into the basic fabric that composes the tapestry and direction of American law or instigated such profound changes in cherished rights, values, and personal prerogatives of individuals: the right to privacy, the structure of the family, the status of medical technology and its impact upon law and life, and the authority of state governments to protect the lives of their citizens.(3-4)
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...
The conflicts between State and Federal law are numerous, recently the high debate concerning marijuana has been seeing high interest. This case highlights a division not only in citizen perception, but also the actualized reality in the Criminal Justice system; where morality and discretion as well as State and Federal powers clash. In a recent Colorado case, Coats v. Dish Network, where an employee was terminated and later sued, the Colorado Supreme Court ruled against Coats. This recent ruling shows how far of a reach the Federal government can have when influencing laws onto States
This thriving constitutional controversy has been in the discussions by a majority of the Supreme Court decisions. Although the United State...
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
Federalism is the powers a country has, divided between the state and federal government. Federalism was not included in the articles of confederation which left the states with all of the power. Federalism was chosen in the United States because the U.S. wanted there to be more control in the National Government. The U.S State government wanted to keep some of the power, so federalism was a good system of government to choose because they got to split the powers between them. Federalism has many benefits in California. Federalism helps California by giving the state power. Each state is going to have a different diversity in which each state can govern. If California wanted to, they could establish a policy of their own. They could see how well the policy went, according to other states that have established them.
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).
In spite of the prominence of the states in everyday life, the most demanding public policy questions former to the American Civil War involved discussions over the possibility of national power with most Americans believing it should remain partial. Yet federalism was still the center of political arguments. The Constitution did not report if states did nor did not reserve any remaining sovereignty in the powers given to the national government. The fact that the states were much more capable in accomplishing governmental purposes adequately t...
The basis for county, city and special district governing and authority are laid out in the State Constitution and Government Code. Counties in California are responsible for providing limited services to unincorporated areas. The state Legislature created the Local Agency Formation Commission (LAFCO) in 1963 to control local government fragmentation. The Local Agency Formation Commission (LAFCO) gives counties the power to tax, create special districts and annex unincorporated land to cities in the county (League of Women Voters, 1992).
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.