Federal vs. State The United States of America was founded on a belief that every citizen should have an equal opportunity and voice in the matters of the laws of the land they live in. A blueprint that assists in that ideal, is the Constitution of the United States. The Constitution has the principles of limited government and federalist standards to give citizens a part in influencing the lives of Americans. Federalism is a systematic way for the United States to separate and divide the authority, power, and services of federal, state, and local governments. Although the federal government and the state governments were both established for the people and by the people, there is still confusion on the best ways to go about creating policies that can benefit Americans. A prime example includes the era of President Obama, or more specifically, the numerous amount of lawsuits and disagreements between the Obama administration and the State of Texas. Senator of Illinois, Barack Obama, was elected as president …show more content…
Their claim was that parts of the law, exceeded federal authority. A claim the U.S Supreme Court showed that they disagreed with since it was decided in 2012 that the policy was indeed constitutional. Although the Supreme Court did clarify that while the individual mandate was constitutional, the expansion of Medicaid was not. Once again, Texas had lost a case. That did not stop the State from filing again, as in October of 2015, Texas, Kansas, and Louisiana sued the U.S. Department of Health and Human Services and the Internal Revenue Service over the Affordable Care Act Fee, that requires for states to help financially support the federal health law that Obama passed. Texas chose to follow through with the law suit due to the fact that the state reimburses the companies that are contracted with Medicaid. The case is still pending in a Texas federal
The United States Constitution begins with the simple phrase “We the People”. Yet, with three simple words, the ideology it stands for has shaped the entire country (O’Connor et al., 2011). The short phrase signifies that the document, and thus, the government, is based upon the people themselves. The Constitution reflects the culture and ideologies of its citizens. Similarly, state constitutions reflect the people, albeit in a more specific locality. The key differences between the United States Constitution and that of local states are due to the distinctions between the scope and characteristics of the people they govern.
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
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
The establishment of the U.S. Constitution was an action taken in order to supply federal control over the young United States of America without replicating the mistakes and flaws present within the Articles of Confederation. The idea of the Constitution was to better unify the states, something the Articles of Confederation were completely unable to do. Even during the infancy of the Constitution, its creators were divided into two major political parties: the federalists, who supported large and strong federal government, and the Anti-Federalists who supported reserving state’s rights and limiting the grasp of the federal government. Upon the establishment and the passing of the U.S. constitution, these two parties used personal party-based
Federalism plays an integral part in the growth and development of the United States of America and is a key factor in determining the basis of power in this country. Clearly, the term federalism can be understood in many different ways pertaining to each person's view, but it can be more broadly defined in terms of the separation between the state and federal government. Thomas E. Patterson defines federalism as, “the division of sovereignty, or ultimate governing authority, between a national government and regional (that is, state) governments. Each directly governs the people and derives its authority from them” (Patterson 74). He then goes on to give a more basic definition with, “American Federalism is basically a system of divided powers” (Patterson 74). But federalism is more than just a word with a definition. It is hard wired into the constitution because the framers knew how important this division of power would be for the development of America and to ensure power would ultimately reside with the people.
The U.S. Constitution is the framework of our government that defines its powers and limitations, and it describes the relationship between the citizens of the country and the government at national, state and local levels. The U.S. Constitution defines what government can and cannot do, but it does not, however, regulate the behavior of private citizens. Therefore, only government can violate the individual constitutional rights. The principle that only the federal, state, or local governments can violate constitutional rights is called state action. State action also refers to the indirect state involvement when activity is a public function or when private conduct becomes significantly involved with conduct by the government. State action is the main requirement for determining
This document gives a set of statutes to operate by and helps to guard our country against tyranny by integrating the ideas of Federalism, Separation of Powers, Checks and Balances, and the Great Compromise. Federalism, established by the constitution, is like a single piece of armor protecting us from tyranny. James Madison noted in Federalist Paper #51 that “the power surrendered by the people is first divided between two distinct governments [state and federal].,” which describes his view on how the government should be divided. Each would have specific powers delegated to themselves and “control each other, at the same time that each will be controlled by itself.” Any powers not given to the central government are delegated to the state governments.
The federal uniform health care system should be based on Texas not the other way around. With a universal rate system that will soon be implemented the government is forcing insurance companies to sell their health part of the company just to exit the market. Texas must oppose Obamacare by enacting our own alterations that will increase health insurance competition and thus driving down cost. Texas officials need to lower market entry to start up health insurance companies to help promote competition. A uniform healthcare system might be priced lower bu...
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.
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 is what the United States government is based on with governmental power divided between several individuals. Federalism is the structure of government that allows two or more individuals share control over the same geographic region. Every person in the United States of America is subjected to the laws of that county, city, state, and our federal government. The history of American federalism has fluctuated between three different types, dual federalism, cooperative federalism, and new judicial federalism. Dual federalism began roughly in the late 1700’s and went through World War II. It refers to the concept of the national government and the state governments have sovereign power. There is a distinct line of authority and do not over lap and one should not intrude into the other’s authority. Each government is supreme it’s own
"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).
The federal system is a very complex because it allocates responsibility to state and federal government. Our federal system is one which powers are divided by the central government and state government. They both act directly upon the citizens and must agree with constitutional changes. The division of power among the states and federal government is called federalism. In the past there have been smart president and leader that gave the federal government more power than the states. We have view our country shift powers among the states and central 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).
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.