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Direct democracy vs federalism
The role of Congress in policy making
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POSC 100 American Government
Fall Semester 2015
Dr. Martinez
Syphong Ha 014343145
Midterm – Essay
September 24, 2015
How does federalism assist direct democracy? Identify three ways it does.
Federalism and democracy are two things that seem to come hand in hand in American society. Federalism is the division or sharing of government power on the national and state levels, and direct democracy is a government structure in which people directly vote for what policies, leaders, etc. they want, thus giving the power to the people under that democracy; to put it simply, the government under democracy is the people. Federalism is one of the key aspect of the United States government that helps direct democracy for it allows people to participate in both levels of government: the national level and the state level; this, thus, grants people more opportunities to participate in government using direct democracy. This can be seen in the House of Representatives, the initiative, and the referendum.
On the national level, people do not directly vote for the
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policies that they want; this is because America is a republic, a government system in which citizens elect officials to represent them. Direct democracy can be seen in the legislative branch specifically in the House of Representatives; the people directly vote for these representatives that represent their states on the national level. One can see that through the House the citizens can participate in a direct democracy to elect a part of the legislative branch. Another, the initiative, found in some states, allows citizens to propose statutes and state constitutional amendments.
This process is found in California, which is extremely majoritarian meaning that the state relies heavily on direct democracy. The initiatives show direct democracy because after getting the signatures of a certain percentage of the voters who participated in the last election gubernatorial election, the proposed statute or constitutional amendment appears on the ballot at the next general election for the citizens to vote on. Federalism allows this form of direct democracy to work because on the national level the legislative branch is the one that votes to see if a bill becomes a law; however, because of federalism, on the state level these proposed statutes and constitutional amendments can be voted on by the people and thus become law or be included on the state’s
constitution. Lastly, the referendum, found in some states, grants voters the ability to “approve or reject statues or amendments passed by the state legislature.”¬¬1 Once again found in California, although the referendum is not used as frequently as the initiative, the referendum still shows direct democracy because the measure at hand gets put on the ballot, and the voters vote to see if they approve of the law or reject it. Like the initiative, the referendum shows how the division and sharing of power between the state and local government allows people to directly decide whether or not they accept or reject a state legislature’s law. Thus, one can see that these three aspects of American society display how federalism plays a huge role in helping direct democracy on both levels of government. Bibliography Anagnoson, J. Theodore. Governing California in the Twenty-first Century: The Political Dynamics of the Golden State. Fifth ed.
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
...g the power that voters had in both local and state politics. The initiative would let a voter suggest a law that they believed should be passed and would then be voted on at the election, the referendum said that “voter-propose public measures are voted upon”, and lastly recalls would let “voters remove an elected official from office through a ballot box”. The Seventeenth Amendment would be added to the constitution in 1913 that would grant the right to directly vote U.S. Senators.
...thirds vote of the Legislature to impose new states taxes and a vote of people before any local tax can be imposed.
Republicanism brought change to America, but called into question was the way this change was brought to America. James Madison through the Virginia Plan proposed a republic nation. The formation of the Republican opposition in the 1790’s continued the legacy of the American Revolution. Even though a republican government meant everyone in America would be under the same government it took away the “individual” freedom they fought for in the revolution but this government is representative of the people. Madison had a vision of an “extended republic” that would include everyone, however he would need a lot of support in order to get this republic. “Over the course of 1790’s, Jefferson and Madison would help turn their objections to Hamilton's
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.
Federalism is the power of a country, 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 from because they got to split the powers between them. Federalism has many benefits in California.
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.
...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 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
concerning the success of such a system, depending on a person's outlook on the subject.
Federalism was initially defined as the arrangement of powers that came from the people. The powers were divided at the national and state level government. In America’s history, federalism began with the idea that people granted power to the states which then granted power to the national government. As a result, this produced a weak national government. To overcome this, U.S Constitution was created to build a powerful national government, but at the same time provided rights to the state and its people. Federalism provided a good structure of government for United States. It made it easier to run a country as big as United States by separating powers at different levels. With its strengths, the federal system came with its weaknesses. Over
Federalism or “federal” ties around a system of government. It controls armies, declares wars, coins money, and regulate trade between states and foreign nations, and treaties (Mrs, Crouse’s powerpoint pg:3 num:9). Specifically this was created to organize the powers that exist in the system of government so everything can be organized. It also divides the power among a central government and several regional governments (Mrs, Crouse’s powerpoint pg:2 num:8). More ever Since everything passes through one system it had to be divided into 3 sections: delegated powers, implied powers, and inherited powers.
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).
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.