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Nessesary of federalism
Struggle for power between state and federal
Federalism
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The division of power between state and federal government is called federalism. Since the beginning of early America the conflict between a strong central government and state sovereignty is a current issue today. In addition, the conflict between states laws versus federal laws and which should be followed is one of many current issues as well.
The fears of a strong government lead to the idea of federalism to allow some state power according to the constitution under article IV, section three states are guaranteed a republic form of government and protection in exchange for some power (Barbour and Wright A-19) However, according to the constitution article VI, federal government law is the supreme law of the land known as the supremacy
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However, one of the many negative effects of this growing technology is cyberstalking. Cyberstalking is a form of harassment that happens over email and other social networks. Naomi Harlin Goodno acritical, “Cyberstalking, a New Crime: Evaluating the Effectiveness of Current State and Federal Laws,” touches on cyberstalking and briefly on offline stalking. While a new crime cyberstalking and offline stalking has become a massive problem as stated by Goodno, “Legislatures recognized the need to stop stalkers before the stalking developed "into a more serious threat to a victim 's personal safety." Cyberstalking might even be worse than regular stalking because the harassment never stopes and in most cases it might even provoke a third party harassment. An example of this, is the case of a twenty-eight-year-old women being harassed by a fifty-year old man, whom used various internet chat rooms to impersonate her and giving out her personal information stating that she allegedly fantasized of being raped; thus leading to different occasions where different men knocked on her door saying they wanted to rape her (Goodno). According to Goodno, “…the Internet makes many of the frightening characteristics of offline stalking even more intense. It provides cyberstalkers with twenty-four-hour access, instantaneous connection, efficient and repetitious action, and anonymity.” Due to differences on cyberstalking and offline stalking it makes current laws somewhat inadequate to deal with the different aspects of cyberstalking
Federalism is the division of power in order to avoid making the central government the most powerful unit. It is the same when it comes to making laws, it is divided into congress and executive branch, but the judicial branch has to
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, established by the constitution, is like a single piece of armor protecting us from tyranny. James Madison noted in Federalist Paper #51 that “the power surrendered by the people is first divided between two distinct governments [state and federal]...,” which describes his view on how the government should be divided. Each would have specific powers delegated to
The National Conference of State Legislatures (2013) defines Cyber stalking as the use of the internet, email or other electronic communications to stalk. It generally refers to a pattern of threatening behaviors or malicious intent. The NCSL considered it the most dangerous of cyber harassments. According to the Louisiana statute, Cyberstalking is the actions of any person to perform the following:
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.
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
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my perspective by weighing the evidence based upon resources. Based on these resources, it will aid me to evaluate the recent development in the federal-state relationship.
Wolak, J., Finkelhor, D., Mitchell, K. J., & Ybarra, M. L. (2008). Online “Predators” and their Victims: Myths, Realities and Implications for Prevention and Treatment. American Psychologist, 63. Retrieved from http://www.unh.edu/ccrc/pdf/Am%20Psy%202-08.pdf
Cyberstalking is the act of “using the Internet to harass, threaten, or intimidate another person” according to Chuck Easttom (2012). The following provides a synopsis of five recent cases where people have been convicted of cyberstalking or Internet fraud. Each case is analyzed for its relevance in contemporary legal issues, as well as any laws that pertain to the case.
The principle of federalism was established by the Constitution to protect the country from tyranny as well. In this case, it is said that the national government cannot over power the fifty states. In the fifty states, each state consists of two democratic representatives.
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.
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.
There have been many examples of cyberstalking crossing over in to real life stalking. And those users who have been victims of cyberstalking, tell a similar story, that no one took the harassment serious until it became real life stalking. Cyberstalking can be a devastating experience for a person online. But in cyberspace people say things like “well just turn off your computer” and “ you can’t be hurt on the Internet, it’s just words”. (Laughren, 1998, p.1) The online stalking is just as frightening and distressing as off-line stalking, and just as illegal.
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.
According to Wikipedia.com cyberstalking is the act of stalking someone via the means of electronic devices. This incudes online threatening and or harassing behaviour that an individual engages in repeatedly. This is in most cases potentially dangerous only if someone manages to get a hold of your email address otherwise this form of harassment isn't really that much of a problem . If someone is harassing you in a chat room simply leave. I don't believe this crime is a big problem amongst us today. Although some people may be left in uncomfortable situations and in a worried state of mind that this person may eventually catch up with you in the long run.