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Struggle for power between state and federal
Struggle for power between state and federal
Similarities between state and federal government roles
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Though the founders of the united states gave much consideration to the division of responsibility between federal and state government, many citizens today continue to debate the correct balance between federal and state government. My position is that the government powers are not well balanced. Some areas of conflict where the powers are improperly balanced are the executive and judicial branch. An area where the balance works well is in the legislative branch. My position is that the government powers are not well balanced. This includes the following: executive and judicial branch. The judicial branch is what interprets laws and to agree with laws to be passed. To pass these laws all of the members of the judicial branch need to meet
The three branches of the federal government is the Legislative, Judicial, and the Executive branch. According to the federalist papers, the Legislative branch is the strongest branch since they enact laws, therefore, by cutting the legislative branch in half by creating a Senate and a House of representatives, it makes the separation of powers more of a level playing field. Furthermore, the Judicial branch is considered the weakest out of the three since it has "...no influence over either the sword or the purse... can take no active resolution whatever... neither FORCE nor WILL, but merely judgment; and must... depend upon the aid of the executive arm... for... judgments” (Hamilton, Federalist 78) This means that it has no monetary or military power and that it relies directly on the legislative and executive branches to follow their rulings which makes sure that the government does not have too much power individually. Therefore, since it is the weakest branch, the court has the power of judicial review, which is the ability to decide whether acts by the other branches are constitutional or not (Hamilton, Federalist 78). Furthermore, one should not be concerned about the use of excess of power since according to Hamilton these are good people who aren’t influenced by outside sources other than the constitution. The separation of these three branches creates a system of checks and balances in which each individual form of government is independent of one another and is able to ensure that each other do not step out of line (Hamilton, Federalist
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.
Our Constitution establishes three branches of government and defines their very existence. The reason for the three branches is to separate the powers. The phrase “separation of powers” isn’t in the constitution, but it best explains the intention of the Constitution. It is essential that the assignment of lawmaking, enforcing and interpreting be spread out among the separated powers to ensure that all power doesn’t fall into the lap of one group, or even a power-hungry individual. The powers of which I’m speaking that were intentionally separated by way of the Constitution are the Legislative Branch, Executive Branch and finally, the Judicial Branch.
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.
In my opinion, the relationship between the Federal government and the States is unclear whether which institution has the authority to implement legislations. The vagueness of the American constitution particularly in the 10th Amendment of the Constitution that quote ” 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.” The ambiguous of the American Constitution may be the main cause of the over power of Federal government.
American politics is often defined by a continuing power conflict between the executive and the legislative branches of the government. This struggle for political power between the two stronger branches of the three is inherent in the Constitution, itself. The concepts of separation of powers and checks and balances ensure that the branches of government will remain in conflict and provide a balance that keeps the entire government under control. As it was first established, the executive branch was much smaller and weaker than as we know it today. Consequently, the legislative branch was unquestionably dominant. Over the course of history, the executive branch grew in both size and power to the point where it occasionally overtook the legislative and today rivals the legislative in a much closer political battle. Today both branches have major factors that contribute to their power, but on the whole the legislative remains the lastingly dominant branch.
As a whole, the separation of powers remains to be a vital part in our government system today. As society has grown and developed throughout the years, the government system has grown with it and adjusted to today’s issues and problems. The government, while it serves as a superior leader for our country, remains to be a service to the people, and has creates a voice for all people to have. It allows everyone to be acknowledged and equal, no matter the
The Supreme Court and Federal court have the same authority as in the Constitution. This system is called checks and balances which prevents the sole power of any one of the three branches. In addition, this power can be divided between the states and Federal government. The Federal government’s role in “domestic and foreign affairs and how they have grown” (Fe...
Federalism could be portrayed in three general ways, unitary, con-elected, or a hybrid of the two (Bardes, Shelley II, & Schmidt, 2011). In the United States, we like a cream between unitary and con-chose schemas, which we insinuate as a chose skeleton. To better like our system we ought to first assess interchange sorts. An unitary skeleton is described as a system in which general force is controlled by a robust central government (Bardes, Shelley II, & Schmidt, 2011). The con-chose model embodies an assembly of free states with extensive powers united with an obliged controlled central government much like the European Union or the Articles of Confederation America (Bardes, Shelley II, & Schmidt, 2011).
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 legislative, executive, and judicial branches represent the constitutional infrastructure foreseen by the Founding Fathers for our nation 's governing body. Together, they work to maintain a system of lawmaking and administration based on checks and balances, and separation of powers intended to make certain that no individual or embodiment of government ever becomes too controlling. America is governed by a democratic government or a democracy which is a government by the people, in which the power is established in the people themselves. The people then elect representatives who carry out their power in a free electoral system. The United States government’s basic claim is to serve the people and only through a combined effort can we
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
...ponsibilities that each must uphold, for an organized but powerful government. Although, each branch objectives are different, each branch takes part in determining whether a bill becomes a law. This shows that a government broken down into branches justifiably serves our country balancing the powers of our government.
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).
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).