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Federalism in the past 40 years
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Debates over how the division of powers between the states and federal government should be handled have been predominant from the very beginning. The founders understood that this decision would have an enduring influence on the types of policies implemented along with how the impact would be felt by the citizens. This would all be dependent on if the laws were coming from Washing D.C. or the state capitals (Barbour and Wright, 78). In light of this the founders established the United States government based on a fair division of powers between Federal and State governments as highlighted in the constitution and tenth amendment. However, in the past few years I believe the country has shifted towards giving more power to the federal government. In this paper I argue that despite the current transition towards a strong centralized government a balanced system based on the federalism intended by founders is the best option for the distribution of power. A division of powers between the states and the federal government creates a system that is better equipped to serve the necessities of its populaces. Each state has different needs and traditions from the other. Considering these differences moral pluralism should come into play in a federalist system as explained by Jonathan Rauch. Moral pluralism provides states the power to reach their own judgments regarding matters where there is a lack of national moral consensus (Rauch, 104). For instance, states would be divided in options over topics that deal with sensitive subjects like abortion and gay marriage. Another concept explained by Rauch as a positive aspect of federalism for the states is that of experimentation. In experimentation states employ different policies based ... ... middle of paper ... ...en to emerge. In conclusion, a system based on balanced federalism was originally envisioned by the founders and serves as the best option for an efficient government. It is essential for the powers to be distributed in a manner where states deal with state matters and the national government does not overstep its role as the organizational factor in the system. As for the recent shift towards a central government one can only hope that the nation takes caution as it proceeds and that power transfers back to equilibrium between the federal and state governments. Works Cited "26 States Join Suit Against Obama Health Law." Fox News . http://www.foxnews.com/politics/2011/01/18/states-join-obama-health-care-lawsuit-fla/ (accessed November 18, 2011). McClenaghan, William A., and Frank Abbott Magruder. Magruder's American government. Boston, Mass.: Pearson, 2010.
The Merits of the federal System is a discourse of Federalism: does the author think Federalism is a positive system? Why or why not:
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.
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
According to the Federalists in the early stages of the American republic, a strong central government was necessary to provide uniform supervision to the states thus aiding in the preservation of the Union. This necessity for a more organized central government was a result of the ineffectiveness of the Article of Confederation’s government that was without a unifying government body. One component of this philosophy was the creation of an executive and other federal branche...
Federalism is the power of a country, 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 from because they got to split the powers between them. Federalism has many benefits in California.
In the Constitution, central and state governments received power that was shared and split in a federalist system, preventing tyranny of one over the other. Madison put forward his idea of federalism in Federalist Paper #51. “...the power surrendered by the people is first divided between two distinct governments...The different governments will each control each other, at the same time each will be controlled by itself” (Doc. A). A Venn diagram derived from the Constitution shows that the central government controlled national affairs such as war, foreign trade, and foreign relations, and states controlled internal affairs such as establishing public services and regulating in-state businesses. The shared powers included taxes, loans, and laws. Despite Madison’s bias towards the federalist system (rarely does one truly attack one’s own political treatise within it) in his quote, the apportioning of powers shows that neither the central or st...
Following the failure of the Articles of Confederation, a debate arose discussing how a centralized government ought to be organized. The prevailing opinion ultimately belonged to the Federalists, whose philosophy was famously outlined in The Federalist Papers. Recognizing that in a free nation, man would naturally divide himself into factions, they chose not to remedy this problem by stopping it at its source; instead, they would limit its effects by placing strict structural safeguards within the government's framework. The Federalists defined a facti...
Even though there are pros and cons of federalism, this system of government makes America a free nation and separates us from many our nations.
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.
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...
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.
In my opinion I think federalism should be re-examined. Better communication and standards should be established and the governments that controls the divided powers that apply to the specific government. And also federal funds should be removed and replaced with a loan system instead of threatening other states to comply with the regulations no matter how important it is. For example, If the Congress asks for funding to a state, Congress forces the states to give them fundings. Why not let the states loan them money so that Congress could pay them back so no threats can be made to either sides? So overall we should have less conflict between the 2 and work together for the better of the
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...
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.