...Assignment 1: What is Federalism? Student: Danny Franco Professor: Tracy Herman POL 110 August 8, 2014 Bose, Dilulio, and Wilson (2013), state that in America, political authority falls under both national and state governments. This division of political authority between the two entities is called federalism. The delegates at the Constitutional Convention were in agreement that some degree of federalism was necessary; however, the amount of federalism that was to be written into the Constitution was rather controversial. After the constitutional Convention, two views of federalism arose. One view of a strong federal government was advocated for by Alexander Hamilton. He believed the national government powers should be largely defined and applied liberally. Thomas Jefferson led the charge on the opposing view. He argued that the federal government existed as an agreement between the states and that the national government should be narrowly defined and limited. These opposing views have been a constant source of political debate in this country (Bose, Dilulio, and Wilson, 2013). One example of how federalism has evolved from its origins to the American political system in place today can be traced to the state’s rights debates of the early to mid-19th century. The southern states were in favor of a decentralized federal government with the bulk of power belonging to the states. The northern states favored a more centralized government with the power residing at the federal...
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...What is Federalism? As a country that is more than 200 years old, the United States of America has become known as the cornerstone of democracy within the world today. When the forefathers of the country came together to create what would become the democratic government today, they instilled a number of political values that are still functioning today. Federalism is one of these ideas. While it has its roots in Colonial America and beyond, it still has a place and can be seen in this country in 2014. The Cornell University School of Law defines Federalism in the following way: “Federalism is a system of government in which the same territory is controlled by two levels of government” (Cornell, 2014). In basic terms this means that the country's government is broken up into parts that handle various levels of concern. For example, the United States of America has developed a government that functions on the local, state and federal level. Since the layout of the government is broken into these three sections, then American can be considered an example of a country that is run by Federalist principles. With that in mind, there are a number of examples of how this ideal, which can be considered dated, is still functioning within the world today. The development of a federalist type of government allows the national level to deal with issues of national concern, while the states tend to deal with issues within their own borders. “The U.S. Constitution grants the federal...
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...Chapter Three Federalism: Forging a Nation Chapter Outline I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s...
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...Jack Zalewski Period: 2 Mr. Parker 10/8/14 In the large scheme, federalism is defined as a concept in which a group of members are bound together with a governing representative head. Dual federalism is based upon democratic rules and ideas when the power is shared between the state governments and federal governments. With dual federalism, neither the state nor the government gets too much power over what the other one can do. The power of national government is only able to control what the constitution said it can control. It also needed the Supreme Court to try to limit the power of the federal government and establish clear boundaries for interstate and intrastate commerce. Also, congress is not allowed to regulate economic activity...
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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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...political process 2 The Role of a State Constitution • State constitutions perform a number of important functions – Establish political institutions and explain the source of their power and authority – Delegate powers to particular institutions and individuals and define how they are to be used – Protect against the concentration of political power in one institution or individual – Define the limits of political power 3 The Role of a State Constitution: Influence of U.S. Constitution • Texas’s constitution is heavily influenced by the U.S. Constitution – Political power is derived from the people – Both constitutions feature a separation of powers • Legislative, executive, and judicial branches – A system of checks and balances limits the powers of each branch, as a way to protect against tyranny – Certain individual rights must not be violated 4 The Role of a State Constitution: How U.S. Constitution Is Different • The idea of federalism is also embodied in the constitutions of the U.S. and Texas • Important differences distinguish the two – Supremacy clause: the U.S. Constitution and federal laws are the supreme law of the land – Necessary and proper clause: the federal government has all the authority it needs to carry out its powers 5 The First Texas Constitutions • Six different constitutions governed the state prior to the current constitution • Each reflects different national priorities, different issues of...
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...| What is Federalism? | Professor Mechelle Smith | | David E. Thomas | 5/25/2015 | | Federalism Federalism is a term that is timeworn, but is quite important in American history due to its lineage and how it affects government-both Federal and State. American Federalism is not a static set of arrangements, frozen in time by the United States Constitution but a dynamic, ever-changing, multi-dimensional process that has economic, administrative and political aspects as well as constitutional ones (Katz, 1997). So, what is Federalism? Federalism is a system that power is distributed between the Federal Government and the States. Years ago, many new Americans were scared because they feared that the new government might turn out to be another form of a monarchy. Also, the small states were quite scared that the larger states would overrule them in this new form of government (Wilson, Dilulio, Bose, 2014). So, when the Constitution was approved, certain provisions were added to the Constitution to ensure a balance between the larger states and the smaller ones (American Government, Wilson, Dilulio, Bose, 2014). As stated earlier, the power between the Federal Government and the State Government is shared. Much of the power the Federal Government has stems directly from the Constitution. The Constitution tells the states pretty much what they can do as well. An example of what the Federal Government can do is...
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...| What is Federalism? | | | | | | Federalism Federalism is a term that is timeworn, but is quite important in American history due to its lineage and how it affects government-both Federal and State. American Federalism is not a static set of arrangements, frozen in time by the United States Constitution but a dynamic, ever-changing, multi-dimensional process that has economic, administrative and political aspects as well as constitutional ones (Katz, 1997). So, what is Federalism? Federalism is a system that power is distributed between the Federal Government and the States. Years ago, many new Americans were scared because they feared that the new government might turn out to be another form of a monarchy. Also, the small states were quite scared that the larger states would overrule them in this new form of government (Wilson, Dilulio, Bose, 2014). So, when the Constitution was approved, certain provisions were added to the Constitution to ensure a balance between the larger states and the smaller ones (American Government, Wilson, Dilulio, Bose, 2014). As stated earlier, the power between the Federal Government and the State Government is shared. Much of the power the Federal Government has stems directly from the Constitution. The Constitution tells the states pretty much what they can do as well. An example of what the Federal Government can do is the ability to print and coin money, as well as the...
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...BOOK Arguably, New Federalism paved the way toward yet another phase, which has come to be referred to as the era of unfunded mandates. An unfunded mandate works very similarly to Creative Federalism. The national government decides it wants to create a program and then expects the states to comply, but in this case it does not provide the states with the needed funding. The states are then forced to pay for nationally mandated programs on their own. Another example of an unfunded mandate is No Child Left Behind, a law passed by Congress in 2002 that requires schools to meet certain educational outcomes, as usually demonstrated through standardized tests. The law expanded the federal government's role in education, which had traditionally been a state function. The law also requires states to demonstrate academic progress in their schools; provide the federal government with a range of information (a report card) on things like student achievement and performance by school districts; ensure that teachers meet minimum qualifications; and annually test students in grades three through eight in English and mathematics (with other subjects to be added later). The issue of unfunded mandates has been a contentious one. Critics claim that it forces states to spend money they do not have. They also claim that it forces them to pursue policies they do not necessarily agree with or at least do not consider a priority. To this extent, it distorts their priorities As an example, nowhere...
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...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 between strong national government and state government diversity. The demanding...
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...What is federalism? Federalism is a system of government which its powers are shared and divided in each government. In the federal system there are three parts which are enumerated powers, reserved powers, and concurrent powers. A fact is that the concurrent powers is shared between the federal and state government. Another fact of federalism is that federalism allow each state to deal with their own needs in their own way. The federal system also lets the state deal with their own matters that affect all American's. Explain the National Government Enumerated Power. As I said before, the there are three types of government powers that where provided by the constitution. Enumerated powers were a power only for the government. The powers that they provided where of coined money for all people. Here is a list of powers that were also provided as well which are to pass marriage laws and to regulate interest and foreign trade they also maintained forces and they also created federal courts for the people. The numerated powers were only for the national government not for anyone else it was only for the state, it is a branch that is not being...
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...Essay on Federalism Your Name School/College/Course Name INTRODUCTION TO FEDERALISM : The Tenth Amendment to the Constitution (ratified in 1971) states the basic principle of the system of Federalism in America, saying "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” (Hayes). Federalism is thus a system wherein a written constitution bestows powers to a central government and regional or sub-divisional governments. Both types of governments retain a significant amount of authority, being autonomous in nature and possessing the power to act directly upon the people through their officials and laws. Power sharing is done by granting delegated powers, concurrent powers and reserved powers to the national government, national and state governments, and state governments respectively. For instance, determination of foreign policy, power to make treaties and declare wars, control imports and exports, and printing money is done by the federal government. On the other hand, state and federal governments share responsibilities such as taxation, business regulation, environmental protection, and civil rights. At the Constitutional Convention of 1788, the Federalists and the Anti-Federalists were undecided on which style of government would suit America best. They debated over the actual scope of national authority versus the protections of individual rights. While...
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...Chapter 3 Ap Government Devolution revolution – The effort to slow the growth of the federal government by returning many functions to the states. Federalism – Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States. The national and the subdivisional governments both exercise direct authority over individuals. Dual federalism (layer cake federalism) – Views the Constitution as giving a limited list of powers—primarily foreign policy and national defense—to the national government, leaving the rest to the sovereign states. Each level of government is dominant within its own sphere. The Supreme Court serves as the umpire between the national government and the states in disputes over which level of government has responsibility for a particular activity. Cooperative federalism – Stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government. Marble cake federalism – Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government. Competitive federalism – Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages of services...
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...one of the candidates becoming a tyrant? No need to worry because the Constitution guards against tyranny. The US Constitution is a body of laws which our country is governed, and it was created in May of 1787. The men who wrote our constitution wanted it to guard against tyranny, absolute power in the hands of an individual, because just four years earlier the states ended the revolutionary war to get rid of the king of England, who they considered a tyrant. The US Constitution guards against tyranny because it has a separation of powers, uses checks and balances, and it uses the division of power between central and state governments known as Federalism. One way the constitution guards against tyranny is by having a separation of powers. James Madison once said, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny…(L)iberty...
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...of people have a lot of power. How did the Constitution guard against tyranny? Well, James Madison wrote a new constitution to help guard against tyranny. It included federalism, separation of power, checks and balance and big states versus small states. In 1788 federalism was put into play, Federalism is where and government have and share power. The power surrendered by two distinct governments and portion along...
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