American federalism is constantly used as a benchmark for democratic societies. Having been successfully implemented along with the constitution, it has shown that it has been able to adapt to the changing environments throughout history. One scholar has claimed, “Federalism – old style – is dead.” However I disagree. In the following paragraphs, I will show how federalism is a part of the United States but how some problems make it seem like it is failing in the modern environment. American federalism is a system of dual-sovereignty between two levels of government. It is a constitutional feature that power is divided between the national government and the governments of the states, and that both are mutually dependant on the other for their existence while both being removed from any fear of dissolution from the other. However, “The Framers left many questions relating to federalism unanswered or unclear.” These questions include the amount of power established to each sovereign. Powers assigned to national governmental powers, such as the roles of Congress, are defined, but all that is mentioned of the state’s powers is the 10th Amendment. 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. This is what the Framers intended though. By not specifying boundaries, they ensured that federalism would be adaptable to change. The Framers decided upon a federal system of government for many different reasons. Firstly it protects minorities. As Madison argued in Federalist No. 10, The smaller the society, the fewer probably will be the distinct parties and interests composing it…the more frequently will a major... ... middle of paper ... ...d States. Works Cited BORGER, Julian, “Long Queue at Drive-in Soup Kitchen” in The Guardian, 03/11/03 ENGLISH, Simon, “’Gangbuster’ Economic Growth Result Provides Vindication for White House” in The Daily Telegraph, 31/10/03 FINANCIAL TIMES EDITORIAL, 1/11/03 as found in The Guardian, 3/11/03 NAGEL, Robert F, “The Implosion of American Federalism” (2001), New York, Oxford University Press PEELE, Gillian “Federalism and Intergovernmental Relations” in “Developments in American Politics” (2002), Gillian Peele, Christopher J. Bailey, Bruce Cain & B. Guy Peters (eds), New York, Palgrave REAGAN, Michael D & SANZONE, John G. “The New Federalism” (1981), New York, Oxford University Press ROSSITER, Clinton (ed) “The Federalist Papers” (1961), New York, Mentor Books WALKER, David B. “The Rebirth of Federalism” (2000), New York, Chatham House Publishers
Paul Peterson wrote on the price of federalism. He weighed out options and the consequences of having a federal government. In this chapter, Peterson comes up with the description of two theories, the functional and the legislative. According to Peterson, the functional theory was positive and implied that the federal governments are tasked to perform their obligations fully to the people (Coleman et al, 2011). The legislative theory is brought forward as pessimist by arguing that leaders misuse their powers. Furthermore, Peterson recommends the incorporation of economic realities into policies for proper governance.
O’Connor, K., Sabato, L. J., Yanus, A. B, Gibson, Jr., L. T., & Robinson, C. (2011). American Government: Roots and Reform 2011 Texas Edition. United States: Pearson Education, Inc.
The Merits of the federal System is a discourse of Federalism: does the author think Federalism is a positive system? Why or why not:
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...
MARTIN KELLY, Overview of United States Government and Politics Foundation and Principles, 2011, retrieved February 21st 2011 from http://americanhistory.about.com/od/governmentandpolitics/a/amgovoverview.htm
...ny of a branch by setting controls on each branch set by the other branches. Fairly equalizing representation in Congress protected the power of small states overall while preserving that of larger states. However, the framers may have mistakenly given the power to prevent tyranny to the government, not the people. The framers crafted a delicate system, but one that focused on creating strong inter-governmental relations. Since the first Constitution was drafted, power slowly began shifting to the national government. If the branches wished to control more, it would not matter if they controlled each other because they would all move together. The focus on creating a government as far away as possible from despotic in a group of white, mostly wealthy, and educated landowners may have prevented the creation of the sort of tyranny-free system the people wished for.
The Founding Fathers had multiple reasons on why they created a federalist government, the main reasons were avoiding a tyranny, more people participating in politics, and “experimenting” the states in order to find new government ideas and programs James Madison stated the Federalist Papers, The Federalist, No. 10, If "factious leaders kindle a flame within their particular states," the national, or federal government, can "conflagration through the other states." Federalism and the 10th amendment prevents one to take control of a state or the federal government, avoiding tyranny. The idea of having more people evolved in government came from the ideals of Thomas Jefferson. Jefferson believed having both local (state) and national (federal) officials would increase participation in government.The last concept with using states as “experiments” comes from this concept: let us say that a state disastrous new policy, it would not be a disaster for everyone. In contrast, if one state 's new programs or policies work well, other states can adopt them to their own
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.
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.
...n our federal system has changed dramatically over the years. State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested. The Supreme Court, in its role as interpreter of the Constitution, has been a major player in the redefinition of our federal system. Increasingly, Congress has been guilty of undertaking areas traditionally reserved to the states and restricting authority to regulate these areas. Both federal and state politicians compete to address problems. Over the years, power in the federal system has flowed to the national government because tax money has flowed to there. With its financial resources, the federal government has been able to offer assistance to state and local governments and thereby, involve itself in just about every governmental function performed by these governments.
Federalism is a political system in which authority is divided between different levels of government (Barbour and Wright, 75). Federalism has been around since 1787 in the United States of America. The divided powers between the state governments and the national governments are powers that are limited to a certain level so they do not depend on each other for power. The United States of America has a federal government in which the central government shares influence with the numerous smaller state governments. The idea was for a “more perfect union.”
Even before the Constitution was ratified, strong argument were made by Alexander Hamilton, John Jay, and James Madison in the Federalist Papers urging the inclusion of a federal form of government to replace the failed confederation. In Federalist Paper No. 9 Hamilton states, “This form of government is a convention by which several smaller states agree to become members of a large one, which they intend to form. It is s kind of assemblage of societies that constitutes a new one, capable of increasing, by means of new associations, until they arrive to such a degree of power as to be able to provide for the security of a united body” (Usinfo.state.gov). The people of the United States needed a central government that was capable of holding certain powers over the states.
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.