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Interpreting the constitution
Merits and drawbacks of american federalism
Merits and drawbacks of american federalism
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Making Laws Uniform Across the Country
Should we make all laws uniform across the country and eliminate state-to-state differences in policies? What can we gain from such a change and what would we lose?
As our current system of laws exists, a single idea for a law can be applied differently to each individual state. Interpretations, enforcement, and the consequences of the law can vary within the United States as each separate state is allowed to create their independent laws as long as they remain constitutional and meet the federal minimum consequences. They must follow federal law but are allowed to implement new ones as they see necessary. With laws differing across the country, one might propose establishing a selection of uniform rules to erase variations and standardize our limitations. The question then becomes whether or not this would be beneficial or detrimental to our society. I believe that this decision would have more negative connotations than positive ones.
By creating a set collection of uniform laws, we can hope to establish standards and attempt to eliminate controversial variations between laws. A uniform set of laws would limit any confusion on state interpretations and create a stronger sense of unity between the states because it would establish national law. People would feel more connected because they live under laws recognized by everyone and not just by the state they inhabit. Equality would be established because everyone lives under the same laws no matter where they reside. Creating a uniform set of laws for the country would also increase responsiveness to problem solving. Since concerns or problems would not be addressed on a state level there would be less time spent in debate or review...
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...the individual states. Whereas local governments often control land use and development in a manner consistent with that region, a national government would have a harder time determining at what rate we should develop since it could not view small regions as divided states can. We could encounter over-development or over-production, which could deplete resources or ruin large plots of land.
Overall, creating a uniform set of laws for our country would be a detrimental decision that could have far-reaching effects. The will of the people would not be upheld to its potential, only matters of bearing importance would be addressed and the government would become more of a scapegoat than a mediator. Besides being inefficient in recognizing individual needs, this system would also be ineffective in negotiating laws and applying limitations where they're needed most.
laws is to keep the bad things out from the old society out such as
...re than one government’s protection. The state governments protect their own states while the federal government protects the whole country.
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.
further the common good of the nation and help us become stronger. On the other side, we’ve applied concerns from Anti-Federalists regarding individual and state rights, along with the proper balancing of power. We’ve also placed the proper provisions in place, which protect against the abuse of power through through checks and balances. It may not be perfect, but as Alexander Hamilton said in Federalist No. 65, "If mankind were to resolve to agree in no institution of government, until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy, and the world a desert." So come now, and urge your state to ratify. Now is the perfect time!
I have always wondered what America would be like if all of our government consistently followed American ethos and made decisions based on the voice of the people instead of their own opinions.
In an absolute government, the people are not in a position to question the government on their decisions. Moreover the corruption in those governments can run a muck if not checked. In order to circumvent this Locke suggests creating separate powers to both pass and enforce the law. Locke was one of the first political philosophers to separate powers of the government, which was in direct difference from the absolute monarchies he was living under. According to John Locke the government should consist of a legislative branch and an executive branch (Locke 1681, 335-37). The former makes the laws while the later enforces it. He further gives prerogative power to the executive branch to make decisions must be made by the executive branch can be made by their own discretion as long as it is of the public good ((Locke 1681, 244). The separating the powers is effective because it allows for a type of checks and balances. It means that the ones passing the laws are not fully exempt from being punished by them if the need arises. Secondly because of the prerogative power of the executive branch, it theoretically can allow for the executive branch to step in and prevent any unjust laws from passing, if they choose not to enforce it. The downside of this is depended on the number of people in the community. If the community is too big, then it might be harder to
‘Useless laws weaken necessary laws.’ --- Charles de Secondat, Baron de Montesquieu (1689-1775) Importantly, gun ownership doesn’t create a violent society, but lenient gun control does. Nevertheless, bans do not make something disappear, rather harder to control! Therefore a strict, uniform federal gun control system is far more essential so as to ensure no collateral effects of any gun uses!
Eliminating the confusion of distributing all of the taxes throughout the country would be in our government's vital interest. Every two weeks I will go through the exact same ritual, I will receive my paycheck and furiously tare it open to see how much money I will be able to lose in the next two weeks. I'm always blessed with a beautiful number at the top that is very fair and deserving for the hard work that I do on the weekly basis. Then I always see a whole bunch of abbreviations, different dollar amounts, then the number at the bottom that always seems to depr...
In the American life there is reasonable doubt to state that all citizens are treated equally. Equality among all is something that has been fought for and should be put into action. However, it is evident that in the legal system of the United States there is no such thing as equality. People get treated differently depending on different factors. It is not fair for people to get different treatment just because let’s say they are a different race or have different beliefs then others. Each person is unique and therefore should not be treated differently just because they are different. So should the US propose legislation to reinforce equality under the law? Yes, the US should propose legislation to reinforce equality under the law as everyone deserves the same opportunity.
What makes a fair law and what makes an unjust law? In addition, when can they decide which is which? The answer to this question depends very much on people's understanding and opinion on the status of the law. On this issue it is likely that everyone falls into one of two categories. People falling into the first of these categories would be those who consider that through social contract they are indebted to obey the law, whatever the law states and regardless of their opinion on the moral status of that law ,that they are morally obligated to operate within the law. Furthermore by this way of thinking we can conclude that if the law binds us we must commit to what t...
This is where the idea of Federalism comes into play. The definition of Federalism goes as follows; Federalism is the philosophy that power should be divided between the central powers and all its constituents. In other words the power of the United States should not all be in the hands of the national government, each state should have a say in the way that they want their own state to run. Every state wants to progress in a different way, and every state wants to progress at a different speed. However when problems get to large for a single state run government to handle, the national (federal) government will proceed to step in and set forth the necessary measures to control the situation.
On the other hand in a federal system the central authority has broad powers on matters that concern the nation. For example in the USA the central authority controls foreign affairs and defense policy
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.
A major impediment of the common is the tendency to lead to perpetuity of bad decisions once a precedent has been set. If there is no amendment and the same ruling is applied, that bad decision will be subsist and will be perpetuated. Since the common law system revolves around following antecedents, it usually takes a long while for change to occur. Unfortunately, before this change is effected, the bad decision will be upheld as long as the change does not come into effect. This is one area where the codified system of law has an advantage as it is rules based approach to law making designed to provide a comprehensive code of laws for the area in question.
The most effective laws are those laws that are able to coincide with what people do.