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Basic principles of federalism
Effect of military government in Nigeria
Basic principles of federalism
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The government is the formal institution through which a land and its people are ruled.1 However, many different countries have many different ways of organizing their system of government. In the United States, we are said to have a federal system with two sovereigns. Federalism is the halfway point between a confederacy and a unitary system. These three systems all differ in the way things are decided and more importantly who makes these decisions. The confederate system is a system in which states retain sovereign authority except for the powers expressly delegated to the national government.1 This means that the central government has no power that the states have not given them which in turn means that whatever the states say goes. …show more content…
Comparatively to the original constitution, the Confederate Constitution retained far more than it changed. However, these changes portray the system of government it was to look like. The Confederacy was to be founded on the principle of the sovereignty of the states. The preamble to the Confederate Constitution was the phrase "We, the people of the Confederate States, each state in its sovereign and independent character, in order to form a permanent Federal Government."3 The version employed by the Confederate delegates emphasized the sovereign and independent character of states and the association of individuals with them, and made it clear that the government of the Confederacy was being created out of the sovereign power of states. Consequently, the central legal issues with which the members of the Confederate Congress concerned themselves during the Civil War were issues connected to the conduct of that war. Taken together, the issues demonstrated the need for Confederate policymakers to impose a superstructure of federal military power over the local and state institutions whose autonomy had been emphasized in the Confederate Constitution. Although that superstructure was necessary to the Confederate war effort, it was periodically resisted by members of the Confederate Congress, who retained their commitments to the interests of their own states and their theoretical …show more content…
France provides an excellent example of what this sort of government would look like when acted out. The minister of education was once able to look at the time and be able to say what each child was learning at that moment.1 In addition, Nigeria provides an example of a unitary system. Both in its first (1966–79) and second (1984–99) phases, military rule in Nigeria was defined by the subordination of the federal structure to the soldiers’ unitary command system, with the army headquarters deploying officers to the states as governors or administrators like any other routine military appointment.4 This meant that the local governments were all overseen by the central government. The Federal Military Government could make laws for the peace, order and good government of Nigeria or any part thereof with respect to any matter whatsoever. Such laws routinely included clauses that barred the judiciary from investigating or invalidating any actions of the military. Instead, military-facilitated administrative tribunals, which often co-opted members of the bench and bar, usurped many of the judicial functions of government, while the regular judiciary suffered neglect, manipulation, humiliation and intimidation.4 These
Both sides desired a republican form of government. Each wanted a political system that would “protect the equality and liberty of the individuals from aristocratic privilege and…tyrannical power.” (404) However, the north and south differed greatly in “their perceptions of what most threatened its survival.” (404) The secession by the south was an attempt to reestablish republicanism, as they no longer found a voice in the national stage. Prior to the 1850s, this conflict had been channeled through the national political system. The collapse of the two-party system gave way to “political reorganization and realignment,” wrote Holt. The voters of the Democrats shifted their influence toward state and local elections, where they felt their concerns would be addressed. This was not exclusively an economically determined factor. It displayed the exercise of agency by individual states. Holt pointed out, “[T]he emergence of a new two-party framework in the South varied from state to state according to the conditions in them.” (406) The “Deep South” was repulsed by the “old political process,” most Southerners trusted their state to be the safeguards of republicanism. (404) They saw the presidential election of Abraham Lincoln, a member of the “the anti-Southern Republican party,” as something the old system could not
On the question as to whether states’ rights was the cause of the Civil War, Dew references a speech made by Jefferson Davis, president of the Confederate States of America, during his inaugural address as one that “remains a classic articulation of the Southern position that resistance to Northern tyranny and a defense of states’ rights were the sole reason for secession. Constitutional differences alone lay at the heart of the sectional controversy, he insisted. ‘Our present condition…illustrates the American idea that governments rest upon the consent of the governed, and that it is the right of the people to alter or abolish governments whenever they become destructive of the ends for which they were established’”(13).
If you drive to another state, the state that you drove to is required to honor your driver’s license. The states are also required to recognize any sort of official decision made by the courts in a different state
A controversial issue during 1860 to 1877 was state’s rights and federal power. The North and South were divided over this issue. The North composed of free states and an industrial economy while the South was made up of slave states and an agricultural economy. The South did not like federal authority over the issue of slavery; therefore, they supported the radical state rights’ ideology. South Carolina seceded from the Union because it believed that since states made up the Union, it could leave when it chooses to. The government argued against the South saying that they had no right to leave the Union because the Union was not made up of just states but people. However, the South counteracted this argument with the case that the 10th amendment “declared that the powers not delegated to the United States by the Constitution, nor prohibited by its states, were reserved to the states.” (Doc A) However, the government still believed that secession from the Union was unjust and decided that a new change surrounding state’s rights was necessary. As a result, when the Union won in the Civil War, a resolution was made, where the state’s lost their power and the federal government gained power. U...
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...
When even the highly-supported secession documents clearly outline how important slavery was to the southern states, it is hard to deny its fault in the war. The argument that the Confederacy was fighting for states’ rights is the most-often suggested alternative, however all one needs to do is dig deeper and calculate what these
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.
First, the South couldn’t have won the civil war because state’s rights prevented unification of the South. The very issue that created the Confederacy helped to destroy it. In waging war, the South faced problems of politics and government that greatly complicated its problem of economic mobilization. No one would deny the troublesome effect of the conflict generated by differing ideas of how best to protect liberty and to organize southern society for the war effort. Southern people insisted upon retaining their democratic liberties in wartime, which proved fatal for the South. They had to struggle with a “confederacy formed by particularistic politicians [that] could hardly be expected to adopt promptly those centralists polices which victory demanded” (Donald, p. 26). Individual state governors fought bitterly with Jefferson Davis to prevent him from consolidating power to fight the war. They withheld troops and supplies while the Confederate Congress spent its time arguing over the rights of the states instead of prosecuting a war of national survival. Many internal conflicts within the South were acquiring and weakening the South’s unity. Internal conflicts caused confederate officials to choose between moving troops from the coasts and strengthening their armies, or leaving the...
Nullification is a precursor to secession in the United States as it is also for civil wars. However, in contrast, the Virginia and Kentucky Resolutions did not suggest that states should secede from the union. Under the direct vigilance and radical views of Calhoun, he suggested that states should and could secede from the union if they deem a law was unconstitutional. Calhoun’s reputation as a “Cast Iron” proved fittingly as compromises were reached for the proposed Tariffs. The southern states contribution to the financial welfare of the union as a result of slavery was undoubtedly substantial, but as history unfolded, it was not a just means to financial stability. His views of constitutional propriety was for the “privileges of minority” rather than for the “rights of the minority.” [2]
After the Civil War, the victorious Union enacted a policy of Reconstruction in the former Confederate states. Reconstruction was aimed at creating as smooth a transition as possible for the southern states to re-enter the Union as well as enacting economic and social changes. However, several factors brought about its failure, and as a result the consequences can be seen in the race problems we still have today. In 1862, President Lincoln had appointed temporary military governors to re-establish functional governments in occupied southern states. In order for a state to be allowed to re-enter the Union, it had to meet the criteria, which was established to be that at least 10 percent of the voting population polled in 1860 must denounce the Confederacy and swear allegiance to the Union again. However this was not good enough for Congress, which at the time was dominated by Radical Republicans who fervently called for social and economic change in the south, specifically the rights of blacks. They were especially concerned with guaranteeing black civil and voting rights, and criticized Lincoln for excluding this in the original plan for Reconstruction.
Alexander Stephens was the vice president of the Confederate states of America during the civil war (1861-1865) and he is the one who gave the famous speech known as “the Cornerstone Speech” where he stated openly the ideas on which the new government was founded: the supremacy of whites over blacks. Stephens played an important role in drafting the new constitution and he had the opportunity to present the new form of government in the speech that took place in Savannah on March 21, 1861. The Cornerstone speech played a pivotal part in certain aspects of the way this nation has shaped out to be. Analyzing this document and other sources will give us insight on what was actually going on in the southern states and how the response of the northern
The southern states that seceded from the nation formed the Confederate States of America led by President Jefferson Davis. Their essential purpose was to defend “the ...
A Federal system is a system of government where power and sovereignty are shared constitutionally between a central authority and subunits. The central authority retains primary sovereignty while the subunits (state, province etc.) retain a degree of autonomy. Examples of federal countries include Ethiopia, Germany, and USA etc.
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).
In spite of the prominence of the states in everyday life, the most demanding public policy questions former to the American Civil War involved discussions over the possibility of national power with most Americans believing it should remain partial. Yet federalism was still the center of political arguments. The Constitution did not report if states did nor did not reserve any remaining sovereignty in the powers given to the national government. The fact that the states were much more capable in accomplishing governmental purposes adequately t...