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Federalism and anti federalism
Notes on federalist vs. anti- federalist
Features of federalism in the USA
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The term federalism can be describe as a system of government in which sovereignty of a nation is constitutionally divided between a central governing authority and constituent political units which can be states or in other cases provinces. Federalism is a system of governance based upon democratic rules and institutions in which the power of governance is shared between national and provincial/state governments, thus the creation of what is often referred to as a federation. During the drafting of the U.S.A constitution, the federalist party were in support of a stronger central government, while the anti-federalists opted for a weaker central government. The Constitution of the U.S.A was drafted as a reaction to the articles of confederation, upon which the United States became a loose confederation comprising of a weak central government. The American government has evolved from a system of dual federalism to one of associative federalism. In the Federalist No. 46, James Madison had asserted that the states and national government were in fact but different agents and trustees of the people, which are constituted with different powers. But Alexander Hamilton, who wrote in Federalist No. 28, had suggested that the both levels of government would actually exercise their authority for the citizens' benefit: In case of any of their citizen’s rights are invasion by either, they can make use of the other as the instrument of redress. The federal government has certain express powers which are powers that are spelled out in the Constitution, which include the right to collect and declare taxes, declaration of war, and regulation of interstate and foreign commerce. The Necessary and proper clause grants the federal government the imp... ... middle of paper ... ...ts, mosquito districts, public benefit corporations, authorities of industrial development , transportation industry, port, workforce investment boards, redevelopment institutions and emergency financial managers. The cities and municipalities have been reduced to the level of one more constituency group to be ignored rather than an integral part of economy shaping in their own rights. They are not enshrined in the U.S. Constitution and are subsequently absent from state law, which created and safe guards municipalities, counties,cities,villages and townships , and yet provision is made for the metropolitan areas of which they are a part of. Metros are not governed by a single executive but rather it’s a cluster by overlapping business networks, nonprofit, and elected leaders. Thus making them less powerful politically but more powerful economically than states.
Federalism is the federal principle or system of government. In the compound republic of America, the power surrendered the people is first divided between two distances government (states and federal), and the portion allotted to each subdivided among distance and separate departments. In their attempt to balance order with liberty, the founders
Eric Foner claims the definition of Federalism refers to the relationship between the national government and the states. Unlike the Constitution, the Articles of Confederation came with many weaknesses. Some provided by our powerpoint include that the Federal government had no power to make the states obey the Articles and laws that were passed by the legislature. The states also had the power to tax, and the opportunity to print their own money. Our powerpoint focuses on the $10 million Congress owed to other countries, as well as the $40 million it owed to the American veterans. The Constitution differed. Foner states that not only did the Constitution enhance national authority, but it also permitted Congress to levy taxes, conduct commerce, confirm war, deal with the foreign nations and Indians, and rent and help the “general welfare”. According to the powerpoint, Federalists focused on the weaknesses of the Articles of Confederation.
He states that the government had too many leaders and not enough followers. That the government administrated by too many people who had a different motive on running the state. In addition, Madison agreed to what Hamilton was saying. Therefore, Madison helped Hamilton settle this dilemma. “It has been seen that delinquencies in the members of the Union are its natural and necessary offspring; and that whenever they happen, the only constitutional remedy is a force, and the immediate effect of the use of it, civil war.” (Hamilton) Hamilton father explains why this would be a problem with government and predicts what might happen if it reaches to that point. “To this reasoning, it may perhaps be objected, that if any State should be disaffected to the authority of the Union, it could at any time obstruct the execution of its laws, and bring the matter to the same issue of force, with the necessity of which the opposite scheme is reproached.” (Hamilton) Both Alexander Hamilton and James Madison wrote the 18th and 19th Federalist paper. The 18th article spoke about contradicting the argument of anti-federalists that proposed a monarchical rule in America. Madison states that if the anti-federalist and federalist do not collaborate on the rule that they established for the people. They would become like the people in Greek history. “Instead of this obvious policy, Athens and Sparta, inflated with the victories and the glory they had acquired, became first rivals and then enemies; and did each other infinitely more mischief than they had suffered from Xerxes.” Demonstrating a jealous view of power and disorganized fashion. “Their mutual jealousies, fears, hatreds, and injuries ended in the celebrated Peloponnesian war; which itself ended in the ruin and slavery of the Athenians who had begun
Politics and its inner working can be described as the activities that determine the governance of a specific area, country, or continent. Imagine living in the United States during the 1800’s when there were two political parties, namely Federalists and Democratic-Republicans. Personally, I would choose to join the Democratic-Republican Party. As compared to the Federalist Party, the Democratic-Republicans had their policies centralized. They emphasized on agrarian interests that protected the rights of every single individual living in the United States of America. I would be very focused on promoting these facts to my best friends.
As James Madison said, “The different governments will each control each other, at the same time that each will be controlled by itself.” What James Madison is trying to say is that the central and state governments have enough power that they don’t control everything. The central government has enough power to help some of the country’s major needs, and the state government has enough power to help the state’s needs because the state’s needs may be more specific. From this, you may conclude, that dividing powers between the central and state governments prevents tyranny. The first guard against tyranny was Federalism, which means a system of government in which power is divided between a federal government and state government.
James Madison was no stranger to opposition. In publishing an essay referred to today as Federalist Essay No. 10, Madison participated in a persuasive attempt to ratify the Constitution, a document he drafted and for which he is credited as its “Father”. Along with John Jay, who became the United States’ first Supreme Court Chief Justice, and Alexander Hamilton, who became the first Secretary of the Treasury, Madison articulates in his writing the necessity of the Constitution as a remedy for the extant ills of an infant nation recently freed from the grasp of distant monarchical rule. This young nation faltered under the first endeavor of organized government, the Articles of Confederation. The Articles were designed during a period of emerging
The primary problem Madison addresses in this essay is that Madison felt that factions could be dangerous, meaning violent and could cause damage. One of the stronger arguments favoring the Constitution establishes a government very capable of controlling these factions.
A unitary system is a system where the national government gives power to sub-national governments such as municipalities, counties, etc. Local governments typically have only those powers granted to them by the national government. The power that the national government has given to the local levels can also be taken away from them. Especially important is the central government’s role as provider of funds. In a federal system, sovereignty is divided between the federal and state governments. Lower units cannot break away from the national unit, and the federal government cannot take away powers from the local governments. (pg. 47-49)
National, Local, and State governments work together cooperatively to solve common problems rather than making separate polices. They work more on an equal level to get things fixed. This type of federalism is hard to tell where one type of government ends and the next one begins. National and state governments are independent and interdependent with an overlap of functions and financial resources. It is difficult for one to accumulate absolute power with this type of federalism.
Though the two-party system of American politics has been in place since the late 18th century, exactly which two parties are contending for control of the government has occasionally shifted. One of the powerful political entities that formed at the beginning of this period, the Federalist Party, built up a large, well-known presence in the early republic, advocating for centralized government and banking, and a positive relationship with the British as the way forward for the burgeoning United States government during the period surrounding the turn of the 19th century. This affinity for the United States-Britain relationship and the accompanying overseas trade practiced by the United States would eventually spell doom for the future of
In May of 1787, in the city of Philadelphia, the delegates from all of the thirteen states held a meeting in order to make a better union. The end result was the Constitution of the United States. The delegates discussed which form of government would be the best suited for both the security, and the freedom that many had wanted to add to this new government. The delegates had denied both the confederal and the unitary forms of the new government for the new form which is called Federalism. Which was to be described as the constitutional relationship between the United States and the Federal government. Federalism is different from the other two types of government, unlike the unitary form of government, which is ruled by the central government,
The current state of federalism in the United States is of one of peril, plagued with recent Supreme Court rulings, current debates over the devolution of Federal powers, and variance in State governing. The United States has always been troubled with the role of the Federal government V. State government on numerous issues. Since around the time of the Great Depression, the federal government was charged with the taking care of the American public in many social and economic matters. Congress was then granted by the Supreme Court almost complete power in passing any sort by legislation by relating it somehow to the Commerce Clause. The Commerce Clause found in Section 8, Article I, United States Constitution, states that Congress may regulate any and all commerce between foreign nations and the states. Congress simply related almost all legislature in some way to intrastate commerce, therefore making the passing of their legislation constitutional. This system was greatly used by Congress for almost sixty years, when, in the late nineteen-eighties and early nineteen-nineties many individuals and special interests groups challenged the constitutionally of these laws passed by Congress using the Commerce Clause. In several cases, such as United States v. Lopez, Congress was dealt a powerful blow and the states seemed to gain an upper hand. In a 5-4 decision, the Court ruled that Congress had exceeded its authority under the Commerce Clause by enacting the Gun-Free School Zones Act of 1990. This, along with many other laws repealed by the Supreme Court, weakened Federal control and gave power back to the states, a grievous mistake in my opinion. This increased the strains on the role of federalism in the United States and once again brought up the question, who has the power to govern what? In addition to this, federalism has taken a frightful turn with the current debates of devolution, or returning power to the states. Many current Congressmen and citizens alike believe that states should have a greater level of sovereignty and that federal power should be weakened so as to strengthen state governments. In contrast, many others believe that the Federal government should be allowed more power. This and other conflicting ideas have lead to a constant strain on the abilities of the government to best carry out its duties.
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).
How well has federalism worked in the United States? This is all a matter of opinion. Federalism has indeed been an active structure for government that fits in quite well with the changing American society. This particular system of government has been around for over two hundred years, and under all those years the separation of power under American federalism has changed numerous amounts of times in both law and practice. The United States Constitution does allow changes and amendments in the Constitution have assigned miscellaneous roles to the central and state governments than what originally intended. The suitable equilibrium between national and state powers is repeatedly an issue in American Politics.
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.