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Types of federalism
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The role of the federal government in the United States has expanded drastically over the past century. In 1776, the federal government’s purpose, as outlined by the Declaration of Independence, was to protect individual’s unalienable rights and freedoms. According to the moral philosopher, Adam Smith, government in 1776 had three functions to provide: national defense, an administration of justice, and certain public goods (Lipford). The specific, clearly defined, and limiting functions Smith discusses are not the limits for the modern American government.
Tragedies such as The Great Depression and September 11th, 2001 created a need for the central government to expand purpose and take on tasks previously held by the states; as a result,
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Both regulations are clearly powers held by states and localities, however the central government threatened to remove privileges, typically funding, if the states did not agree to the desired regulations. The Supreme Court has upheld the constitutionality of fiscal federalism, as long as certain criteria are met. States must be able to freely decide whether to participate or not without coercion from the federal government. Also, cooperative programs must be recognized as contractual, meaning the federal government 's ability to alter the programs is …show more content…
With a unitary government, only one curriculum and education system would be available for American citizens despite coming from diverse backgrounds. The practice of federalism provides a wide range of systems and schools to choose from, as a reflection of the variety of cultures, beliefs, and languages represented by American citizens. Federalism is commonly based off majority rule, so many states ' opinions and needs are not listened to. As best depicted by the 4,567,429 Californians that voted for Bush, whose vote had no impact on the outcome of the 2000 Presidential Election. Conversely, the 180,068 citizens of Delaware that voted for Al Gore actually influenced the results of the election. Also, individual laws with states may be considered illegal at the national level. For instance, marijuana use is considered illegal by the federal government, but has been legalized or decriminalized in many
How could the government be designed to protect the unalienable individual rights? Their first attempt at solving this issue was the Articles of Confederation, which was a failure for the most part, but not completely. After the failure of the articles, the state delegates tried to revise the articles, but instead, constructed the Constitution. There were so many changes made and very little remained the same. The thirteen states formed a Confederation referred to as the “league of friendship” in order to find a solution for common problems such as foreign affairs.
The year of 1776 was a time of revolution, independence, and patriotism. American colonists had severed their umbilical cord to the Mother Country and declared themselves “Free and Independent States”.1 The chains of monarchy had been thrown off and a new government was formed. Shying away from a totalitarian government, the Second Continental Congress drafted a document called the Articles of Confederation which established a loose union of the states. It was an attempt at self-government that ended in failure. The Articles of Confederation had many defects which included a weak central government that lacked the power to tax, regulate trade, required equal representation and a unanimous vote to amend the Articles, and had only a legislative branch. As a result the United States lacked respect from foreign countries. These flaws were so severe that a new government had to be drafted and as a result the Constitution was born. This document remedied the weak points of the federal government and created one that was strong and fair, yet still governed by the people.
Cooperative federalism is more of a blurred line of responsibility between the state and federal government. An example of this would be in the days following the 911 attacks, the federal government asked the local/state governments to look into people they suspected of terrorist
Republicanism brought change to America, but called into question was the way this change was brought to America. James Madison through the Virginia Plan proposed a republic nation. The formation of the Republican opposition in the 1790’s continued the legacy of the American Revolution. Even though a republican government meant everyone in America would be under the same government it took away the “individual” freedom they fought for in the revolution but this government is representative of the people. Madison had a vision of an “extended republic” that would include everyone, however he would need a lot of support in order to get this republic. “Over the course of 1790’s, Jefferson and Madison would help turn their objections to Hamilton's
During and after the turmoil of the American Revolution, the people of America, both the rich and the poor, the powerful and the meek, strove to create a new system of government that would guide them during their unsure beginning. This first structure was called the Articles of Confederation, but it was ineffective, restricted, and weak. It was decided to create a new structure to guide the country. However, before a new constitution could be agreed upon, many aspects of life in America would have to be considered. The foremost apprehensions many Americans had concerning this new federal system included fear of the government limiting or endangering their inalienable rights, concern that the government’s power would be unbalanced, both within
Theoretically, in a Federal system the sovereignty is shared between the national government and the local government but the ultimate sovereignty lies on the people. The federal government does not have the power to be involved in the states laws as they are only able to deal with national security, taxation and foreign affairs. The States however, deal with public welfare, education and justice. For instance, in different States there are different laws in executing criminals implemented as such in California death sentence is applied. However, it differs in practice whereby in the recent events the federal government is heavily involved in the public welfare especially when it dealt with major crises.
Whereas the six functions of government, as articulated in the Preamble remain the same, the functions have extended to govern issues not a factor during the 18th century. However, the primary function of the government to maintain order has remained unchanged. Demonstrated through various avenues, these functions are open to interpretation. Throughout time, the government continuously adapted itself to provide various services and regulations to the public that it views as beneficial for the public good. Such services have grown to include food standards, consumer protection, health, and education among others. Examples of governmental function expansion since ratification of the constitution can be seen in the Department of Agriculture, the Department of Energy, FEMA, and much more. Through FEMA, the federal government provides disaster relief funding to help communities struck by floods and tornadoes and other natural disasters. The Department of Agriculture put out the food pyramid, which helped people develop a healthy diet. The Department of Energy provides funding for research on wind energy. Clearly, food pyramids and wind energies were ...
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.
A current controversy over federalism involved the Affordable Care Act signed in 2010 which wanted to expand Medicaid to assist poor. Many states did not want to practice this law. Therefore the Supreme Court made the decision legalizing Medicaid expansion but also marked the taking away of Medicaid funding from states that denied the expansion as unconstitutional. Federalism will continue to play an important role in defining the boundaries of state and national laws. In US history, federalism started from a weak national government, and as it evolved it continued to strengthen national government. In the future, federalism will continue to strengthen and stabilize our
“Establish justice, insure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty to ourselves and our posterity.” (Remy, United States Government, McGraw Hill companies, Ohio, 2002)
After winning the Revolutionary War and sovereign control of their home country from the British, Americans now had to deal with a new authoritative issue: who was to rule at home? In the wake of this massive authoritative usurpation, there were two primary views of how the new American government should function. Whereas part of the nation believed that a strong, central government would be the most beneficial for the preservation of the Union, others saw a Confederation of sovereign state governments as an option more supportive of the liberties American’s fought so hard for in the Revolution. Those in favor of a central government, the Federalists, thought this form of government was necessary to ensure national stability, unity and influence concerning foreign perception. Contrastingly, Anti-Federalists saw this stronger form of government as potentially oppressive and eerily similar to the authority’s tendencies of the British government they had just fought to remove. However, through the final ratification of the Constitution, new laws favoring state’s rights and the election at the turn of the century, one can say that the Anti-Federalist view of America prevails despite making some concessions in an effort to preserve the Union.
Cooperative Federalism is two sides compromise over power. But over time it became useless and they started to fight over who should have what type of power distributed to them. Regulated Federalism involves Congress passing a law to meet the standards for the states.
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).
...cal elections is many times less than twenty-five percent. Americans too frequently disregard state and local governments, although these governments have much power in the way that they live their lives.
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.