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Compare and contrast the Union and the Confederacy as the Civil War began
Dual federalism vs cooperative federalism essay
Dual federalism vs cooperative federalism essay
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Jonathan Menke
1. Federalist, Unitary, and Confederate governments (compare and contrast)
Federalist- states have to obey the central government but are able to keep some power by making their own laws.
Unitary government - the central power is in control
Confederation- a group of individual states that are in an alliance, but the independent states each have more power than the central government
2. Supremacy clause
The supremacy clause is what says that the constitution, the national laws and the treaties override the states laws. These are the broad rules in which the smaller parts of the government must follow when creating their own laws
3. Tenth Amendment
The tenth amendment states that if the constitution does not ban a certain
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Concurrent powers-powers shared by the federal government and state government an example would be both the federal government and the state government are able to tax citizens
5. Full faith and credit (give example)
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
6. Extradition (give example)
If you were to commit a crime in one state and then travel to another state, if the state that you traveled to catches you they are required to return you back to the state that where you committed the crime. The place where you committed the crime is where you will be charged with the crime. If you commit murder in Texas and then go to another state. You will not be able to escape the death penalty because you will be tried where you committed the crime.
7. Privileges and immunities (give
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They are able to because the privileges and immunities clause allows them to the same things as that citizens in the other states have. If I am in north Dakota and want to travel to south Dakota I am able to because the people in south Dakota are able to move around and travel to north Dakota. The privileges and immunities clause means that a person in one state is entitled to the same privileges as the people that live in another state when they are in that other state.
8. Dual vs. Cooperative federalism (give an example to illustrate each theory)
Dual federalism is when the states and the federal government are responsible for their own separate things. Both the federal government and the states have complete control over the areas they govern.
An example of this would be that the federal government has control over the military, foreign policy, our postal system and the monetary policies. The state government has the responsibility for the police/law enforcement, road building and the schools.
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
9. Fiscal
In order to secure the protection of the people’s rights of freedom from the imprisonment of tyranny, a compound government was formed. Central and State government came together to form the compound government, which in other words means federalism. It is one of the many elements that make up the protection of freedom from tyranny, “Hence a double security arises to the rights of the people.” (Madison FP # 51) The states combined covered our need of protection, protection of the countries by the Central government and protection of the people by the States government. Also by joining themselves together, “The different governments will control each other, at the same time that each will be controlled by itself.” (Madison FP # 51)
...re than one government’s protection. The state governments protect their own states while the federal government protects the whole country.
Formed at the eve of the Civil War, the United States (USA) and the Confederate States (CSA) were created for multiple reasons. The main reason of the formation includes that of political issues and slavery issues. Other ideas include the military, economics, etc. The USA was led by President Abraham Lincoln and the CSA was led under President Jefferson Davis. The CSA included the states of Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Tennessee, Mississippi, Arkansas, Louisiana, and Texas. The United States and Confederate States can be compared based on their advantages and viewpoints in the fields of how and why they were formed, the rights of the federal and state governments, views on slavery, economic issues, and the military strategies.
The first two parties were created in the later 1700’s, and these parties were made for two different purposes. The Federalist & Democratic-Republicans had some similar and opposing aspects, but mostly opposing.
Since the Dawn of time, man was had many beliefs from the belief of gods or a god, democracy and communism. In the beginning days of our nation (United States of America) the bill of rights was being created due to American Revolution and the weakness of the articles of the confederation. The articles of confederation were the constitution at the time for the United States of America before and after the American Revolution, which we fought against the tyranny of the British government. The American government at the time realized the Articles of Confederation was weak and need to be changed. This resulted in the bill rights being drafted and added into the US Constitution. But before the bill rights
...ers. It also defined what power a state has over a legitimate federal institution. For example, a state may not use its power to impede the operation of a federal institution by taxing its activities, but still has the authority to collect property tax from a federal institution.
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.
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.
Federalism may be described as a system of government that features a separation of powers and functions between the state and national governments. This system has been used since the very founding of the United States. The constitution defines a system of dual federalism, which ensures sovereignty of the state and national governments. This is put in place in order to limit the national government’s power. However, the Great Depression of 1929 greatly weakened the nation’s economic system.
The Supremacy Clause which is part of Article VI of the constitution, states that the federal government is the supreme law of the land. As stated in the constitution: ”This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority ...
The concept cooperative federalism carried that state and local governments cooperated into solving common problems instead of creating separate policies similar to dual federalism. The nation's needs were in the hands of both governments and miscommunication could not be tolerated. Since the economic situation in the United States was awful, the nation decided to end cooperative federalism, and moved to a different form of federalism, since they needed a government in which they could truly trust and had the ability to fix the economic
Then there is the state government which are responsible for governing affairs within their borders, and carrying out federal laws and programs at the state level. They are governed by their own constitutions and retain any rights that the U.S. Constitution does not exclusively grant to the federal government. The state government is limited as they cannot form alliances with other states and must honor and respect the laws and institutions of the other states. And finally there is the federal government which is the central and highest level of government in the U.S. It is divided into three branches and each branch has its own rights and power to check and balance the powers of each branch. The federal government has the power to regulate taxes, establish federal welfare programs and make laws in the interest of the nation as a whole. There are also limitations set to the federal government’s authority, as they cannot ask local law enforcements agencies to do minor administrative jobs. Although all levels of government have their own responsibilities there are limits to interfering with other governments
To begin with, dual federalism (1789-1932) was a view holding that the constitution is a compact among sovereign states so that the powers of the national government and the states are clearly differentiated. However, cooperative federalism (1933-1968) was a view holding that the constitution is an agreement among people who are citizens of both state and nation, so there is
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).
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.