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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.
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 evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
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... objective was to pull out people from poverty as the poor migrates to the urban were duly attracted to the incentives provided by the welfare. Not only has it reduced the amount of federal spending it also provides the welfare to be more efficient as the people are only allowed to receive federal support with a limited time span.
In my opinion, the relationship between the Federal government and the States is unclear whether which institution has the authority to implement legislations. The vagueness of the American constitution particularly in the 10th Amendment of the Constitution that quote ” The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The ambiguous of the American Constitution may be the main cause of the over power of Federal government.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
The case came to the Supreme Court as the infamous Federal versus State battle for power. Once again the question plagued Marshall whether to support Federalism, or keep States’ rights alive.
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.
From the inception of the Constitution, there has always been a power struggle between the President and Congress. In the beginning, Madison and the Jeffersonians were placed in a gridlock with Hamilton and his school of political philosophy. Andrew Jackson fought to extend the powers of the President, then Congress spent 50 years fighting to repeal the powers of the Executive. Abraham Lincoln refined Jacksonian presidential politics, then Congress impeached his successor, Andrew Johnson, for fear of another quasi -- tyrannical President. Even today, a Congress, whose majority is of the same party as the President, fights 24 hours a day to check the power of President George W. Bush. But why, and how? Inherent Power Struggles Within the Constitution: Article I, Section I -- "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives" VS. Article II, Section I -- "The executive power shall be vested in a President of the United States of America" Article II, Section II -- "The President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several states, when called into the actual service of the United States" - The Founders' ambiguous and contradicting language sets the stage for a power struggle between the Executive and the Legislative branches - Being that the Founders were political masterminds, they realized that unique circumstances would demand some deviations from the restraints that the Constitution places on both the Executive and the Legislature - Founders anticipated that during times of crisis', the nation would need ...
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
National, Local, and State governments work together cooperatively to solve common problems rather than making separate polices. They work more on an equal level to get things fixed. This type of federalism is hard to tell where one type of government ends and the next one begins. National and state governments are independent and interdependent with an overlap of functions and financial resources. It is difficult for one to accumulate absolute power with this type of federalism.
The reason for much of this power is the principle of judicial review of the actions of the executive and legislative branches of government at both state and federal level against a written constitution and the power therefore to 'interpret' the constitution. The power of judicial review over the states is laid down in the supremacy clause of article III and the power of judicial review over the other two branches of the federal government is implied in the constitution and by several but by no means all of the founding fathers: "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of thei... ... middle of paper ... ...
Before the Constitution was introduced, the federal government did not have any power over the states or the country. After Constitution was ratified, the power of the federal government has increased respectively to the power of the states. In the Constitution, there are several clauses and acts that helped expand the federal power over time.
Federalism is a political system in which authority is divided between different levels of government (Barbour and Wright, 75). Federalism has been around since 1787 in the United States of America. The divided powers between the state governments and the national governments are powers that are limited to a certain level so they do not depend on each other for power. The United States of America has a federal government in which the central government shares influence with the numerous smaller state governments. The idea was for a “more perfect union.”
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
...t that, invariably in the three decisions that gave states more rights, a need to curb national government supremacy was a more important factor than the Tenth Amendment. Indeed, the dual federalist approach was not the major factor either because the three aforementioned cases were all decided more as a response to the expansion of national supremacy than a desire to exert states rights. The Supreme Court has not always been capable of following the correct interpretation of the Constitution because of the effects of prior cases and political influences. In order to do so in the future, the Supreme Court need only remember that the constitution was meant to-- enhance national government power, the national government is supreme when its laws are made in the pursuance of the Constitution, and the Tenth Amendment gives the states a passive and not aggressive power.
The division of power between the federal and state government shaped American history because it led to multiple challenges in the country and shaped how we work as a country today. Even today, The United States of America struggles with dividing power between the federal and the state governments, even though the Tenth Amendment clearly defines it. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This amendment states how each power should be divided. The Federal Government has all of the power that the Constitution gives them. All other powers are for the State Government and the people of that state. As a result of this amendment, decisions in our country have been impacted.
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
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...
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.