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The States Need Help

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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.
Based upon the U.S Constitution the original design of federalism revolved around three things. The first was to have powers expressly delegated (granted) to the national government and any powers not delegated were to be denied. There are three types of delegated power, Expressed, Implied, and Inherited power. Expressed are powers specifically granted, implied are powers not listed but suggested by the necessary and proper clause, and inherited powers exist because the U.S is a sovereign nation. The second thing that originally defined federalism was that concurrent powers were to be shared between the state and national government. The third significant thing was that all states have reserved powers that are carried out by state and local governments. The Reserved Powers have been explained by the tenth amendment. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people”(10th Amendment). Althoug...

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...g doesn’t end there, in 1985 a case arose called Garcia versus Santonio Metropolitan Transit Authority decision. The U.S Supreme Court would direct all Congressional Legislations in matters traditionally reserved to the states. This case resulted in a concept known as Representational Federalism. Representational Federalism is the “assertion that no constitutional division of powers exists between the nation and states but the states retain their constitutional role merely by selecting the president and members on the Congress”. (Pg123 handout) This meant that there wasn’t a real separation of powers between the two governments but the states were to operate under the Constitutional Laws. This concept lasted until 1995, and then federalism began to experience a modest revival. In today’s time the Supreme Court seems to be more respectful of the powers of the States.
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