...Federalism is a system of government where power is distributed between local and nation government. In the USA, it is split between state governments and national (federal) government. This system of government was introduced to the USA in the Constitution. The Founding Fathers wanted to unite the states without giving the federal government, or any individual state, too much power. As this was not the case when the states were under the control of Britain, or under the Articles of Confederation, it was seen as very important when writing the constitution. In contrast, the UK is traditionally a unitary state with all laws for England, Northern Ireland, Scotland, and Wales all being decided in Westminster. However, UK government could now be described as quasi-federal after large devolution to the Northern Ireland and Wales Assemblies, the Scottish Parliament, and the European Union. From 1780 to 1920, federalism was how it was laid out in the constitution, and is now described as ‘dual federalism’. States had the most power, because the constitution stated that 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 meant that the federal government were only involved in matters strictly mentioned by the Constitution. This is illustrated by the fact that at the time of President Washington, there were only three federal departments: the Treasury, War, and State. At...
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...Assess the significance of Federalism. The founding fathers had to make a compromise that would satisfy the 13 independent colonies, meanwhile providing a secure central base. This resulted in The United States government adopting federalism. Even though federalism isn’t mentioned in the constitution, the principles of federalism are mentioned in various articles. For example article 1 section 8 displays the power available to congress. It contains the ‘elastic clause’ that potentially gives the federal government so much power over the states. And the amendments provide a list of ‘can’t do’s’ for the states. For example states can’t enter into treaties with foreign powers. As the aspects of federalism is displayed in the codified constitution, signifies the importance for the US to collectively follow this system. However, Federalism is a method of government that also allows the states to maintain their sovereignty, without the fear of intervention of the central government, unless they violate or clash with the constitution. This is evident as each state has its own constitution and its own executive, legislature and judiciary all working within the limits set by the national constitution; executive; legislature and judiciary. An example of a state constitution that has relevant articles to its needs is Idaho. For instance in their constitutions article 16, section 1 the constitution talks of the need for the Idaho legislature to pass laws that protect livestock from disease...
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...Strayer University POL110 Week 6 Assignment 1: What Is Federalism? Federalism is the type of government where there is segment of different powers between a state government and the central government. The United States is a federalist government where the states have their own individual powers and authority that they are able to exercise and the federal government has its own circle of authority that it tends to exercise. The evolution of Federalism in the United States was a gradual event that had definitions of federal government being given in federalist 46 and 28 which gave definitions of a federalist government to the United States. As stated by James Madison one of the architects of the federal kind of government, “the state and national governments are in fact but different agents and trustees of the people, constituted with different powers." The purpose of such a kind of government was to protect the rights of the people in all its earnestness. The evolution of the United States can be seen over a specific time period. Between 1970 and 1930 the form of government was known as layer cake federalism or dual federalism. There were clear powers divided between the states and the centre and there was sovereignty given in equal measure to both. Between the years 1930 and 1960 the structure was known as Cooperative federalism or marble cake federalism where the state and the central government shared functions and collaborated on issues of national importance...
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...Devolution vs federalism The definition of devolution: it does mean the process of a higher level of government granting a lower level of government the right to exercise some of its powers, but ultimately remaining superior to the lower level of government. In practice it is much the same as federalism, the main difference is that devolution allows varying levels of autonomy for the different areas (units) within the nation-state, whereas federalism usually requires each unit to have the same powers. It's not right to think that devolved states (such as the UK) are highly centralised, it was actually brought in specifically to decentralise the UK and Spain, turning them from highly unitary states to what have been dubbed 'quasi-federations'. Devolution is increasingly viewed as a modern type of federalism that allows flexibility, as opposed to the more rigid "traditional" federalism. Only 2 countries really use devolution (UK and Spain), with most federal systems using traditional federalism in one of two forms: federation (strong federal government), or confederacy (weak federal government). It is also wrong to think that devolution means the upper/central government can abolish the lower levels or force them to comply: In the UK all political parties recognise the democratic legitimacy of the devolved institutions and their right to govern within their spheres of responsibility. Each was established after the people voted in referenda to create them, and no british government...
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...power, seen as the potential threat to individual freedom, wanting to protect minorities as well as the population as a whole, from arbitrary or unjust rule. Consequently, the Founding Fathers outlined main provisions within the US constitution in order to avoid tyranny: the separation of powers, a federal structure of government and also providing citizens inalienable and entrenched rights through the implementation of the Bill of Rights. Arguably, these provisions as a result mostly ensure, as the Founding Fathers had hope to achieve, limited government, in so much as the size and scope of the federal government is limited to an extent in which it is necessary only for the common good of people. The separation of powers prevalent in the USA, whereby political power is distributed between the executive, the legislature and the judiciary branches of government, were adopted from the Founding Fathers by the principles of Montesquieu, who argued for a separation of powers into legislative, executive and judiciary branches in order to avoid tyranny. This framework of government implies not only the independence of government, therefore a separation of personnel (for example, both Hilary Clinton and Barack Obama had to give up their senate seats when becoming Secretary of State and President) but also interdependence of the branches of government. The interdependence of the branches laid out within the constitution arguably, as some may regard,...
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...Federalism was brought into the United States during the 1787 Philadelphia Convention. Some of the states wanted to keep a looser structure like the Articles of Confederation whereas others wanted to have an amalgamation of all of the states into one unitary government. A compromise was reached; the enumerated powers such as to fix the standard of weights and measures. These are found in Article 1, Section 8 and are powers given to Congress. The principle of federalism is shown through the powers. The inherent or implied powers which are not stated in the Constitution, but are expressed. For example, the elastic clause (“necessary and proper”). Other powers are the denied powers to the federal government, such as the power to deny any citizens the right to vote based on race, colour or previous imprisonment (15th amendment). Lastly are the concurrent powers; these are shared between the federal and the state government. As federal law takes precedence, there are two types; those not subject to pre-empt conflict of the law (such as the power to tax private citizens) and other concurrent powers. This shows the principle of the way in which America is governed. The practice of federalism in the USA has differed over time. Between the 1780’s and 1920’s, various state governments all had independent sections of authority and were therefore equal. This system worked well as the federal government was smaller and not interventionist; mainly conservative leaning. This was called...
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...What is Federalism? Diana Reed POL110103 Professor Julie Waldon May 17, 2015 There are several systems of governments in the world today. Examples include Federalism, Monarchy and Democratic. Federalism is a form of command where two or more governments share authority over the same territory. In this system, the autonomy to carry out any state directive is given to State governments. In addition, there are other functions, which have to be made in relation to the regulations of the reigning regime. The constitution stipulates all the services done by central government and the roles conducted by the state government. The state authority had the mandate of controlling roads, sanitation and education duties. The Central government, on the other hand, contains its power, which includes standard defence and the supremacy clause. Federalism has undergone changes and its part of the American history. The role of national and state governments has also evolved over time. Furthermore, the federal government has been given more mandates in the 21th century. Dual federalism emerged after the Americans got their independence from British rule at the end of World War 2. The Constitution was created, and it provided for two types of government in the United States. The national government had powers to handle issues related to national security, foreign policy, and promoting commerce. State government, on the other hand, dealt with...
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...FEDERALISM, THE FIRST 215 YEARS 1 The Evolution of Federalism and How it has Shaped American Behavior as well as how State and Federal Relationships Influence our Policies Steven M Professor Tracy POL110040VA016-1154-01 (US Government) May 9th, 2015 FEDERALISM, THE FIRST 215 YEARS 2 Abstract This paper will examine the evolution of Federalism from its’ beginnings to what we see in place today. Before we get to far though, let’s define Federalism. Longley (n.d.) stipulates that “Federalism is the process by which two or more governments share powers over the same geographic area.” For us in the states, this would be representative of the powers held by the Federal and State governments. We will also examine factors of Federalism that have shaped American behavior as well as covering how the relationships between the Federal Government and the states influences the foundation of American policies. FEDERALISM, THE FIRST 215 YEARS 3 The Evolution of Federalism and how it has Shaped American Behavior as well as how State and Federal Relationships Influence our...
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...There is a widely held view in the USA, especially on the right of the political spectrum, that liberty is best protected by policies being made in local communities with the policy- makers being held locally accountable and that, conversely, the greatest threat to freedom was/is a powerful central government relative to state governments. Thus federalism is seen as the key constitutional device to protect liberty and any dilution of federalism is seen as undermining freedom. However, other Americans argue that the consistent application of the Bill of Rights can only be done/monitored by the national government and point out that, under the banner of ‘States Rights’, local communities have been guilty of fostering tyranny of the majority – especially the white communities in the South. The United States Constitution has secured an unprecedented degree of human freedom, upholding the rule of law, securing the blessings of liberty, and providing the framework for the people of America to build a great, prosperous, and just nation unlike any other in the world. George Washington thought that it was “little short of a miracle” that the delegates could agree on the Constitution. Americans had stumbled on this road before. The United States had established an earlier constitution in 1781, the Articles of Confederation. Under the Articles, each state governed itself through elected representatives, and the state representatives in turn elected a weak central government, one...
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...‘A Constitution written in the 18th Century does not work in the 21st Century’ Discuss (30 marks) America’s first form of Constitution, the Articles of Confederation, was ratified in 1781 and it can be argued that many states operated as independent countries under this. After America won its independence from Britain in 1783, it become increasingly evident that the USA needed a stronger, central government to remain stable and so the US Constitution was created and signed on 17th September 1787 in Philadelphia. This Constitution is still used today and is at the heart of American Politics but the debate lies in whether an 18th Century document is acceptable for the present day. A Constitution written in 18th Century does not work in the 21st Century because it is difficult to update and some parts make no sense in today’s society such as the Second Amendment and the Electoral College, as there have been four occasions when the candidate who got the most votes lost the election. The amendment process is too difficult, thus making is almost impossible to remove parts no longer necessary or to add parts that the majority desires. For example, the Second Amendment, in the Bill of Rights, allows US citizens the right to bear arms, which has caused much conflict as it has become increasingly evident that people are willing to abuse this right. Attempts to overturn the Second Amendment have been very much refused due to the rigid, outdated Constitution. The power of judicial...
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...Federalist built the United States for America in to what the American people experience today and their main goal was to see America governed by the people and become a model for countries around the globe. American federalism is defined by the United States Constitution as a “fundamental aspect of American government, whereby the states are not merely regional representatives of the federal government, but are granted independent power and responsibilities” (USA, Constitution). However this definition is constantly changing and took a long bumpy road to get where it is today. The United States constitution was drafted on September 17th, 1787 and ratified on June 21st, 1788. The United States became a sovereign nation on July 4th, 1776 at the signing of the Declaration of Independence, but they needed a Constitution. The Articles of Confederation were drafted on November 7th, 1777 and ratified on March 1st, 1781. This document was signed by the thirteen original colonies that made up the United States of America and served as its first constitution. After becoming sovereign nation it became clear to many that the Articles of Confederation would not be able to hold a nation together. Under the Article of Confederation there was a unicameral legislative that provided no separation of power. The central government appeared to be too weak because under the Articles of Confederation most of the power was retained by the states. Congress had no power to tax therefore, they were unable...
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...increase the impact and power of their state. Consequently when a state feels hindered or disadvantaged by such a linkage, they try to cut loose. As seen in the upcoming “Brexit” referendum. So why bother to stay, when all it does, is cost loads of money? When we pay money for work or goods we expect the purchased to be worth its price. Similarly, when we indirectly pay for the EU through taxes, we demand to see some advantage from that. But what are the advantages of the EU? First of all we have to draw a clear line between confederation and federalism. Neither is the EU a confederate institution, that allows every state to work completely individually, nor is it a federal state that bounds each state to the same welfare state system and customs. The EU combines aspects from both federalism and confederation. The EU sets unified principles and rights for EU citizens, allows EU countries to stand a chance against great world powers like the USA and economically supports less developed regions within the EU (30% of the EU budget). As for the closer future of the EU, there might be drastic changes. If the British decide to leave the EU, the idea set in 2007 in the Lisbon Treaty of an “ever closer union” will be questioned and the EU will lose an influential Member...
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...of politics’ -People are supreme via Constitution The politics of a written text ‘Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.’ Alexis de Tocqueville (1840) Democracy in America, Book I, ch.16 -slavery -civil rights -abortion -healthcare Constitution Problematic Bill of Rights (1791) The first 10 amendments to the Constitution -1,2,3: limits of Congress 4, 5, 6: limits on executive 7, 8: limits on both (via judiciary) 9, 10: federalism (limits on national power) All posit limits on the institutions in the Constitution. Two parts of the doc, the first iteration is not sufficient to cool the fears of the anti-federalism. Madison creates these posited limits. The Separation of Powers The basic problem of government. How one separates power. There are 3 key obstacles to power in the USA. SoP – obliges competition across departments. Federalism is the primary barrier states have against the federal...
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...Constitution is the supreme law of the USA. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles entrench the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President; and the judiciary, consisting of the Supreme Court and other federal courts. Since the Constitution came into force in 1789, it has been amended twenty-seven times. In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government. The majority of the seventeen later amendments expand individual civil rights. At seven articles and twenty-seven amendments, it is the shortest written constitution in force. The Constitution of the United States was the first constitution of its kind, and has influenced the constitutions of other nations. However, it has many flaws, firstly the amendment process is too difficult, thereby making it near impossible to change it. Secondly the power of judicial review gives the unelected unaccountable Supreme Court too much power. Thirdly the constitution leads to gridlock and finally some parts make no sense in modern society and don’t work as the Framers intended. Nevertheless there are positives; primarily that Federalism has proved to be an excellent compromise...
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...INTERGOVERNMENTAL RELATIONS IN FEDERAL SYSTEMS 39 7.5| INDEPENDENCE The actions and decisions of intergovernmental relations must be free from undue influence from political or private interests. They must have high-level commitment. The Productivity Commission has a very important role in Australia’s economic competitiveness in identifying reform priorities for Australia, and conducting detailed research and making recommendations on potential solutions. The Productivity Commission’s contribution to the understanding of our federal system has been seen in a number of reports it has produced, including the recent compilation of materials from the 2006 Roundtable Proceedings in Canberra entitled Productive Reform in a Federal System. The Productivity Commission’s role in federal–state relations is limited however: + The research priorities are set by the Commonwealth Government (and therefore potentially guided by political interests of the day rather than long-term objectives) and there is limited opportunity for the Productivity Commission to set its own work priorities. + There is no ‘buy-in’ by the state governments (either in terms of the direction of the Productivity Commission’s work agenda, the funding of the Commission or the outcomes). + There is no requirement for the Commonwealth Government to respond to the reports of the Productivity Commission, and therefore less accountability for the findings. Two considerations...
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