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Similarities between state and federal constitutions
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The United States has a federal constitution which constructs the fundamental principles of the nation. One of these principles is the 10th amendment, giving all powers not delegated to the federal government to the states. Like the federal constitution the role of state constitutions is to create a legal and political structure which to base the states government around. State constitutions also include a bill of rights or something similar to it, these outline rights guaranteed to citizens, along with restrictions on certain activates as long as they don’t violate the federal constitution. State constitutions tend to be much longer than the United States constitution. That is because all powers not given to the federal government are reserved for the state leaving a lot of power to be delegated. Most state constitutions include policy and how to handle specific issues related to the citizens of the state. States also have the issue of smaller governments that fall under their jurisdiction. State constitutions have to include provisions on creating and eliminating these local governments and what their functions, duties and responsibilities are. …show more content…
Constitutions also include provisions on how to amend and change the constitution these vary from state to state. The federal constitution guarantees that each state must have a republican government, but leaves up the rest of the structuring to the states themselves.
State constitutions establish the 3 different branches of government, executive, legislative and judicial. The state constitution delegates what functions each branch will perform and also states any restrictions of their functions. Organization of state government includes how many seats the legislature will have, term limits and the requirements citizens must meet to fill a role in the government. The function of state constitutions is complex yet very simple to describe. There are two key functions, one being how the government will operate based on the structure it has created, and two the formation of rules that the citizens and government must abide
by. State constitutions contain specific characteristics that give them power and authority. One being the principle of popular sovereignty stating the government can only exist if the people consent, and the people hold power. Separation of powers and checks and balances are key features when it comes to delegating the authority to the state. The people have a say in who is elected to make the choices and can help influence policy. Like in South Dakota citizens can get amendments put on the ballot with referendums bypassing the legislature. Constitutions vary in many different ways, one being the length and scope of issues they cover. Early constitutions like in the New England states are very short like the US constitution and just lays out the ground work for the structure of government. While other newer constitutions like Alabama are 350,000 words. One of the reasons for this is because when the first states wrote their constitutions the world was simpler, and the government wasn’t needed for as many issues, as time passed and populations grew, so did the government. Another reason the constitutions are different is because of the demographics that made of these states when they wrote the constitution and the issues that mattered to them at the time. These differences are also driven by the political philosophy of the people in the states, Conservatives tend to lean towards less government oversight and liberals towards more. State constitutions also vary on the amount of power they give to smaller local governments. Tax policies are probably the widest difference when it comes state constitutions.
According to article 2 “The state's government will retain all powers that are not specifically given to the national Congress.. ” (Williamsburg, 2009) In other words the states will have all the powers that are not appointed to the national government, by the Articles of Confederation. According to article 9 “ The national congress will have the power to declare war, negotiate foreign treaties, settle disputes between states, regulate currency, direct the operations of land and naval forces, borrow money from the states.” (Williamsburg, 2009) A elaboration of this is that, The national government is limited to the powers, that are stated above, and has no control of anything else. Since the national government had little to no control over any of the state's, laws that were past inside of these states became unjust and faced little repercussions from the national government, because of the limitations that were put into place by the articles of
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
The purpose of a constitution was to remove the royal authority 's institution and still govern the people with a popular sovereignty. Each colony developed their own constitution in different ways based on the economic, political, freedom, and social demands of the people as well as the states ' experiences. The Virginia constitution and the Massachusetts constitution were the two of the many states that created a constitution. Both of the constitutions have their similarity and difference, but they are more in common. In fact, It is said to be that the Massachusetts constitution was often overshadowed by the Virginia constitution. Nonetheless, the similarity between both constitutions is the structure of a commonwealth. That being the case, each state 's government are related to the federal government.
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.
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.
The constitution was mainly written in Philadelphia, Pennsylvania. It was made to make guidelines for the building of a federal government so that there wouldn’t be any tyranny. Some examples of these are indicated in Document A. It describes that the central government can, “regulate trade, conduct foreign relations and declare war.” Meanwhile, the states can, “set up local governments, hold elections and establish schools.”
The Constitution of the United States set up an intricate government with a very brief document. The Constitution is actually shorter than this essay, but was still able to set up all of the procedures that make our government act so slowly today. One process that takes an especially long time is passing a bill to make a law. Every governmental action has to be put into writing and then passed by the Congress and the Supreme Court. Too many government agencies have to examine every bill. The United States government only starts at the national level with the Executive, Judicial, and Legislative branches. Everything breaks down into more areas such as the House of Representatives and the Senate. The Federal government's semi-equal is the state government. State government breaks down into several subsidiaries as well. The court system is an excellent example of how a government system breaks down from a national to a community level. For instance, the high court in America is the U.S. Supreme Court. The step down from ther...
The Constitution bestowed essential powers to the nation, without which, America would crumble. Under this newly created document, three different branches of government were created: the judiciary, the legislative, and the executive. The legislative was composed of Congress, which now had the power to create a military, control interstate and international commerce, and create laws. The Judicial branch was the Supreme Court, which would review the decision of the President (in the executive branch...
The constitution establish major governing institutions, assign institution’s power, place explicit and implicit control on power granted. All this gives the political legitimacy. The U.S constitution gives the base model for state constitution for Texas.
Federalism was majorly influenced by Alexander Hamilton, who was the dominant author of the Federalist Papers. Hamilton did not want to repeat the mistake that Great Britain made and believed that spreading the power to multiple sources of government, along with checks and balances would abolish tyranny. Furthermore, it would aid the people to be heard and their concerns to be resolved faster and with attention from their government. Federalism is when a nation has two sources of government instead of one, the two levels are national and state/local. Similar to many American qualities, having a federal government has its advantages and disadvantages. Three positive factors of federalism are that there is a more orderly system to dispute and
Theoretically, in a Federal system the sovereignty is shared between the national government and the local government but the ultimate sovereignty lies on the people. The federal government does not have the power to be involved in the states laws as they are only able to deal with national security, taxation and foreign affairs. The States however, deal with public welfare, education and justice. For instance, in different States there are different laws in executing criminals implemented as such in California death sentence is applied. However, it differs in practice whereby in the recent events the federal government is heavily involved in the public welfare especially when it dealt with major crises.
The Constitution that was created had a strong central government and weaker state governments. Under the Constitution, Congress was given the power to levy taxes, regulate trade between the states, raise an army, control interstate commerce, and more. A three-branch government was established in which a judicial branch handled disputes in a federal court system, a President headed an executive branch, and a legislative branch. Conversely, the anti-federalists believed in weak central and strong state governments, as the way it was in The Articles of Confederation and believed in strict adherence to the writings of the constitution.
The Constitution is responsible for establishing and distinguishing the powers of the presidency, Congress, and the court system. It says that each state must acknowledge the laws of other states and that the Constitution is the supreme law of the land. The Constitution is made of seven articles and twenty-seven amendments
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
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.