This established a period of dual federalism. Another example is drinking laws are defined by each state, but the federal government passed a law stating they would not provide monies to any state that did not raise their drinking age to twenty-one years essay on federalism age. Social equity is its Every factor of the new countrywide government and the federal courting with the states Keyword s Filter by Keywords: add comma between each, essay on federalism. Green, John, Smidt, Corwin, Guth, James, and Kellstedt, Lyman. Federalism and the Facilitation of Elections Introduction Elections are considered to be the foundation of democratic principles; they are how the public obtains a voice in politics, either directly or through representation.
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We use cookies to personalyze your web-site experience. Essay examples. If you are studying politics you are most probably often assigned with writing texts about political systems. Federalism essay is hardly an exception. Papers on these topics might seem really hard to write but after reviewing samples of the essays on federalism you will be more prepared. Just start with Read more. Understanding Federalism: The Division of Power Between The National and State Governments words 2 Pages. Under the Constitution, power is divided between the national and state governments. This sharing of power is known as federalism. Federalism in the United States can be seen as resulting from the political views of the founders, who were suspicious of strong government and wanted Discuss the advantages and disadvantages of federalism.
How does a federal system of government differ from other systems of government and what is the constitutional basis for nation-centered federalism? The advantages of federalism are that it provides a local perspective on politics, and allows for Federalism is a system that is embedded into the politics of the USA; federalism involves the sharing of powers between the different levels of government: the State governments and the Federal government. Federalism is a significant factor in the USA, but it does not even The first 5 presidents of the USA faced vast demanding situations as the new state managed financial struggle, widely wide-spread clash, essay on federalism, rising political factions, territorial development, and new divisions of intensity.
Every factor of the new countrywide government and the federal courting with the states American Constitution Anti Federalist Federalism. For most of their lives, Alexander Hamilton and Thomas Jefferson squabbled over countless things. Perhaps the most important thing that they disagreed on, however, was the amount of power that the federal government should wield. Hamilton was adamant that the it was crucial for the Alexander Hamilton Federalism Thomas Jefferson, essay on federalism. The Anti-Federalist Papers is a very interesting book about the government development of Essay on federalism and the disagreements with its first documents by Ralph Ketchum.
The introduction of the book is written by Ketchum, however, essay on federalism, the resources in it was published in the period in Anti Federalist Federalism The Federalist Papers. Thomas Jefferson and Alexander Hamilton are considered to be among the founders who shaped the history of America into what it is today. The two were evidently political enemies who had very different views on the governance at that time. The history of America has Anti Federalist Federalism Thomas Jefferson. Its March 23, and the Second Virginia Convention is meeting in St. A man named Essay on federalism Henry, an anti-federalist, is called to propose his resolutions for creating a militia, or an army in which Virginia will have a defense. Essay on federalism resolutions turn Anti Federalist Federalism Patrick Henry.
Introduction A federal state is one in which sovereignty is constitutionally split between at least two territorial levels so that independent governmental units at each level have final authority in at least one policy realm. While federalism is considered a essay on federalism political tool to enhance Federalism Forms of Government. Tyranny is exhibited in many ways. In our founding fathers met in Essay on federalism to discuss a problem, The Articles of Confederation were not working. So after a long debate, they made a decision, essay on federalism, to throw out the old and in with the new. Constitution Federalism. Federationalism to authoritarianism to totalitarianism An authoritarian government is one which believes in a blind rule to authority, little individual freedom, and focuses on the wills and needs of the ones in authority before the essay on federalism of the country.
This can create much corruption in Bryce and Grodzin have very different views on the separation of the federal and state governments. Grodzin sees the issue The United States is a relatively strong country but an extremely divided country, essay on federalism, the country has been divided even before it was a country. American Government Federalism. Since the United States Constitution was put into effect inthe United States has run on a federalism based government, meaning national and state powers are divided. Throughout history, the type of federalism put into effect has changed. After the Civil War and Reconstruction Federalism Texas. Well, cooperative federalism response to specific policy challenges that took place in the past.
Also, reigning conception of American federalism took place between nineteen fifty-four to nineteen seventy eight. It was a political response to the policy challenges of market failure. Social equity is its Federalism Opera, essay on federalism. Cooperative Federalism is the concept that refers to how the national, state and local governments all cooperate to solve problems and create policy. Cooperative federalism emphasizes the overlap of responsibilities and power between state and local governments and the federal government. The US moved away The theory of fiscal federalism addresses three issues related to fiscal decision-making: assignment of responsibilities and functions between the federal government and the regional governments, the assignment of the taxing power and the design of intergovernmental transfer subsidy of fiscal resources coupled with provisions about Federalism has always been an issue for essay on federalism USA since the years ago we were declared a nation.
Federalism is having two or more governments rule over the citizens of a country. A decentralized government is where the states govern the people, and a Essay on federalism cares for the development of a country, they work well to improve its economic growth and still, for its progress. An example of a country that has a federal government is the United States. Federalism is when power is divided into units. In the Federalism Philippines. Each level of government has its own powers and obligations to provide services and raise essay on federalism. Unlike Confederations, federal systems Federalism v. Anti-Federalism From the development of the American Constitution was a battle between two opposing political philosophies.
How American Federalism Helps and Hurts Florida The advantages and disadvantages of federalism have been the subject of debate since the formation of the republic. In this essay I am going to discuss two advantages and two disadvantages of federalism in Florida. Federalism Florida. Feeling stressed about your essay? Starting from 3 hours delivery. Gentrification Essays Conspiracy Theory Essays Barack Obama Essays Foreign Policy Essays Autonomy Essays Amusement Park Essays Bioterrorism Essays. Got it. Haven't found the right essay? Get an expert to write you the one you need! Get your paper now. Professional writers and researchers. Sources and citation are provided.
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Humanitarians believed that the reason the state governments had power over the federal government was because the states had endorsed the Constitution to allow the existence of the federal government in the first place. This brought about many Southern states to withdraw from the Union as they believed their withdrawal would guarantee the protection of their rights. However Abraham Lincoln held on to the Union and its triumph gave the federal governments more power over the states. In the late s, Hamilton proposed a Second Report on the Public Credit where he suggested of chartering a nationwide bank. According to him, the national bank was not to be lending out money but to store federal funds.
The source of the money was the general public, but willing private investors would loan it. The bank was to serve as a reservoir to deposit collected levy and issue soft loans to the government in cases income shortages. Rivals to these viewed as hazardous as according to them it was made to only benefit interest of Southern agricultural growth at the expense Northern business Ewald, These disagreements about the National Bank went further to questioning the as Hamilton rivals also argued that Congress did not have the mandate to establish a financial institution. Their argument was hit a hard rock on the tenth amendment which clarified all privileges that were not endowed to Congress go directly to the states.
During this period state government was to have complete sovereignty over all matters that dealt with health, security and welfare of individuals. It was undeniably hard to imagine the Constitution being confirmed by the fundamental number of states if it called for any further subordination of customary state authority. And at least, each state controlled its issues, with very minimum meddling from the federal government. In conclusion, a proper distribution of powers between the national and state governments will accommodate the needs of a diverse range of citizens. For instance, a citizen of the United States can also feel proud of being a citizen of California or any other state that has an entirely different culture.
In addition, a proper division of power strengthens liberty as it makes it hard for any corruption or embezzlement between the separate branches of governments to last long. Thus the existence of distinct levels of government, combined with the independent judicial, executive, and legislative powers wit, guarantees the protection of individuals. This essay compares and contrasts the presidential candidates, Hillary Clinton and Bernie Sanders. First, a comparison of these two candidates shows that they share many of the same positions…. During the United States campaigns, authenticity emerged as an important trait and theme that the voters were searching for in their 45th presidential candidate. President Donald Trump depicted this trait,….
Distinguish between relative and absolute poverty see Poverty lecture. How does the population of a low-income country such as Ethiopia differ from that of a high-income nation such as the…. How did it happen that undocumented youth occupied the office of Arizona Senator John McCain in , raising awareness of the potential of the DREAM Act, which would ensure that…. My name is [Name] and I running for the governor of Texan as a Republican Party candidate. As a Republican, I have observed some problems in the current administration and…. Are parties an important part of American politics? Are they helpful? is the federal government: The federal relation or federalism will exist unimpaired even if, again by Constitutional agreement, the Government of B.
finances some or all of the functions which the Government of State a is constitutionally authorized to perform. In other words, B may be the proverbial payer of the 'Piper' a, but B. has nevertheless no legal or Constitutional right to call 'the tune. Namely, the central government finances the operations of the provinces…. Works Cited Agulanna, Joe. Financial Times Information. Jost, Kenneth. Federalism The history of the United States is bound up in the ongoing debate between federalism and anti-federalism; between a federal government that has a strong mandate vs.
one that is relatively weak vs. The localized state governments. The original Articles of the Confederation established a central government so weak that it barely existed other than on paper. From the perspective of states' rights in issues like slavery and commerce, federalism seemed antithetical to the birth of the new nation as it wrested itself free from the tyranny of British monarchy. However, the need for a stronger federal government became apparent quickly after Independence. Independence gave rise for the real need for a standing army, one that required federal funding, federal management, and federal mandate. Moreover, the new nation needed cohesive means by which to organize international trade and treaties.
A strong federal government also became increasingly crucial in establishing…. References Boyd, Eugene. htm "Constitutional Topic: Federalism. For example, in , an inmate sought access to an abortion, which was initially denied. Supreme Court unanimously ruled, without offering opinion, that the woman be allowed to have [an] abortion. The court did so, despite the fact that some state funds would have to be used for the inmate to access the abortion. A more current political issue demonstrates the power of states' rights.
Currently, some states have legalized gay marriages and civil unions. Other states have gone to the other end of the spectrum, and have passed state and local laws specifically illegalizing gay marriages. As of , there were 17 states whose constitutions banned same-sex marriages, and most of those states also prohibited recognition of homosexual civil unions. PBS Online. Many political conservatives were concerned that when Massachusetts legalized same-sex marriage, it would result in forced recognition of gay marriages in states that did….
Works Cited Dawe, Jonathan. Federal Government: Mayer: Inmate Abortion Battle Just Warming Up. Dexter Daily Statesman. The Federalist Society for Law and Public Policy Studies. The Federalist Society. constitution and the delegated powers the national government has according to the U. constitution makes the shift of powers from the federal government to the state governments limited by the existence of the U. A complete shift of powers from the state governments, in political, economic and programmatic terms toward the national government is impossible to be defined in realistic terms.
Historical events determined the lines between the layers of government to be in constant move. International and domestic events made the federalist form of government of the U. To act like a live entity that will always have to adapt its processes of development to external factors. Two World Wars, depression periods, globalization, terrorist attacks, the invasion of Iraq and more recently, the collapse of the housing market were making the delegated powers of the federal government subject to constant change in order to adapt and guarantee…. References Longley, R. Federalism: National vs. State GovernmentThe powers of national and state governments.
Retrieved: September 16, htm MacDonald, E What the Fed's Rescue of AIG Really Means. Retrieved: September 18, The federalists did not just want a strong central government, but one that was organized with a clear structure and a separation of powers. Anti-federalists viewed the new nation as a looser coalition of states, divesting almost all powers including that of the judiciary and legislative branches to more regional controls. The differences between federalism and anti-federalism are pervasive, extending towards their vision of how government should be constructed, and why. These differences, moreover, continue to permeate American political discourse.
Essentially, the federalists and anti-federalists operated from completely different…. References Brutus htm Hamilton, A. The Federalist Papers: No. asp Henry, P. Speech of Patrick Henry, June 5, php Madison, J. The Federalist Papers: asp Madison, J. The Federalist No. Federalism Throughout American history the power of the federal government in comparison with the states has been continually debated. This is because there is a principal known as the separation of powers. In the Constitution, this is reserving certain areas of authority for the federal and state governments. The problem is that many of these powers can often come into conflict with one another on a regular basis.
As the Constitution, will provide some basic guidelines, but it will not address specific areas. To account for this, the courts are relying on individual interpretations and case precedent. This creates conflicting areas of authority, based upon the general powers that are given to the states and federal government. Bonnie In the case of the federal government, this kind of conflict occurred in with the passage of the National Minimum Drinking Age Act. This law encouraged the states to raise the…. Works Cited "Title Senate, Reducing Underage Drinking. Washington DC: National Academy Press, Federal Social Security is one of the strongest federal social welfare programs in the United States.
Initiated as part of Franklin Delano oosevelt's New Deal, Social Security kick-started a revolution in federalism that characterized the twentieth century. Prior to New Deal reforms, federal powers were kept largely in check. Social Security was, and still is, challenged on constitutional grounds because of the way its parameters allow for a strong federal government. Social Security raises issues of federalism, in its use of federal resources, funding and power. Moreover, Social Security precludes states from opting out. This essay will analyze the overall effectiveness of Social Security, as determined by the overall goal of the policy in promoting social welfare.
The thesis is that in spite of some weaknesses and presumptions, Social Security remains consistent with the constitutional framework of federalism. When President oosevelt backed Social Security, the policy was a direct response…. References Jeffrey, T. Authors of social security believed it was unconstitutional. American federalism, past, present, future. html Norton, G. Breaking: Supreme Court rules Social Security is constitutional. Daily KOS. Federalism in U. History The word federal denotes alliances between independent sovereignties. Government," an important source for any student or teacher of history, describes federalism in the United States as "the division of governmental powers between the national and state governments.
If a conflict exists between the state and federal government, the supremacy clause mandates that federal laws are supreme. The powers of the central or national government typically are enumerated in a written constitution. Under the U. Constitution, any powers not specifically granted to the national government are presumed to be retained by state governments. State governments have their…. Main Part: In a federal system, the national government holds significant power, but the smaller political subdivisions also hold significant power. The United States, Canada, Australia, and Brazil are examples of federal systems Constitutional Topic: Federalism, , p. The U. Overlap occurs, but two legally distinct spheres of government exist. Supreme Court serves as legal arbiter of the federal system in regard to conflicting claims of state and national governments.
The principle of American federalism, created in the eighteenth century, was bold and has greatly affected U. Main Part: Federalism in the United States has evolved quite a bit since it was first implemented in Pre-Federalism Period: During that period, the former colonists successfully fought the War of Independence and established a government under the Articles of the Confederation. Disenchanted with the deficiencies of the Articles of Confederation, delegates drafted and the states ratified a new Constitution that created a federal system of government.
Political scientists define two types of federalism in the history of the United States: dual and cooperative. Dual Federalism Phase Part I: -- Dual federalism holds that the federal government and the state governments are co-equals, each sovereign. Dual federalism was necessary because parts of the Constitution needed to be interpreted very narrowly, such as the 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause. In this narrow interpretation, the. Drug Enforcement Administration, the Controlled Substances Act, and the War on Drugs all show that drug prohibition has been framed as a federal issue.
Recent state-by-state legalization of cannabis marijuana has challenged and undermined the efficacy of federal drug laws and anti-drug policies. Almost half the states have now legalized marijuana for either medical or recreational use Hill, The state-by-state legalization scheme creates legal and ethical conundrums. For example, Hill points out that federal anti-drug legislation prohibits legal marijuana businesses operating in states like Colorado to use national financial institutions for banking. Without access to the usual range of financing options, cannabis dispensaries and other related businesses are driven to a cash-only business which can "attract thieves and tax cheats," Hill, , p.
Other problems include the inability of Americans to legally transport cannabis over state lines, even between two states that both legalized the drug. Canada recently…. federalism in the U. Federalism in the United States through Supreme Court decisions Printz v. United States and Garcia v. San Antonio Metropolitan Transit Authority One of the most obvious environments in which the issue of federalism and anti-federalism sentiment is seen is in the judicial system. There have been numerous cases and instances in which the ruling of the Supreme Court was seen as encouraging either federalism or anti-federalism. Two such cases are Printz v.
San Antonio Metropolitan Transit Authority in which the decisions of the Court ruled in such a manner as to create precedent for the overruling power of federal representation against state authority, thus ruling under a federalist sentiment. Printz v. United States set in question the ability of the federal government to decide the attributes of the state police concerning gun control. The background of the case includes…. References Archives. html Cornell. San Antonio Transit Authority No. Cornell Law University. United States" in Legal Information Institute. html Spitzer, Roberst. Planning Across Levels of Government: Federalism and the Planning for the esponse to Emergencies This paper will be in the form of a governmental response plan to the natural disaster: Hurricane Katrina.
Early morning, on the 29th of August, , USA's Gulf Coast was hit by the Hurricane Katrina. com, n. While the storm was damaging enough by itself, the aftermath was utterly devastating. Firstly, massive flooding resulted from levee breaches. Furthermore, a large number of individuals claimed that the government didn't respond in a timely manner to take care of victims' needs. Several thousands of Alabama, Louisiana, and Mississippi inhabitants suffered displacement from home. It has been…. References n. Science News, Articles, and Information - Scientific American. Hurricane Protection for New Orleans Debated - Scientific American. Occupational Safety and Health Administration - Home.
Hurricane Preparedness and Response - Preparedness. html Reese, M. Carolina Fire Rescue EMS Journal: Your Source for Fire, Rescue and EMS News and Reviews. Federalism, Unitary, And Confederation Federalism: Federalism is a political system of governance in which powers are divided among two levels of government, i. In this system of government, the smaller political units surrender some of their political power to the central government, relying on it to act for the common good. Davidson, Encarta article Comparison of Federalist, Unitary and Confederation Governing Structures Other types of government structure are Unitary and Confederation.
In a Unitary system, virtually all powers are held by the central government, although it may delegate some of its powers to local or city governments but such delegation is discretionary and for administrative purposes only. A confederation is similar to a federation but with far less power given to the central government. In confederations, the local governments retain most of the powers…. Works Cited Davidson, Roger H. CD-ROM Version, Federal Government. Columbia University Press. New York, Theories of Government. Thinkquest Website. html The word federal comes from the Latin term fidere, meaning "to trust.
In this particular case the court found that the GFSZA contained "no jurisdictional element which would ensure, through a case by case inquiry, that the firearm possession in question affects interstate commerce. Lopez" in effect, the court said that the federal government can only pass laws involving activities that substantially affects interstate commerce and the possession of a gun in a school did not rise to that level. In his concurrence, Justice Kennedy, stated that "it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one. Lopez" He argued that power divided between two separate institutions would control each other while simultaneously controlling themselves.
This, it was thought, would lesson the chance that one institution would become tyrannical because the concept of "federalism," "secures to citizens the liberties that derive from the diffusion of sovereign power. References "Federalism. Lopez: A Case Brief Summary. html United States v. Lopez , U. governance namely federalism, centralized and unitary but mainly focusing on federalism as practiced in America. e will be looking at what federalism in the context of its inclusion on the America's constitution and the effects it had on the country. Lastly the paper will discuss the other two forms of governments and why they are different from federal model.
For this first question, the paper will attempt to look at the impact the inclusion of federalism in America's constitution. The constitution of America came to being in , having been drawn by 55 delegates to the Constitutional Convention in Philadelphia. It is the system of fundamental laws of the United States of America. Even though federalism is not mentioned explicitly in the constitution it however one of the many concepts that…. An Introduction to American Politics Kelemen D. The Rules of Federalism: Cambridge, Harvard University Press Schechter S. On the Compatibility of Federalism and Intergovernmental Management: America. Oxford University Press. Never the twain shall meet would be an appropriate descriptive. The prime example of this form of federalism is the U.
government during the late s through the early s. With "dual" federalism, both separate and shared powers are present. Marble-cake or co-operative federalism is "one big happy family" federalism. Co-operation between state and federal government is its signature. The two levels of government are actually one big government, interwoven and pursuing the same goals together. Crime reduction, better education for our children, and global warming are issues that both state and federal levels would be working on together with the same sense of accomplishment. Co-operative federalism became prominent in government between roughly s a matter of fact, under the original dual federalism during the early years of our country, each state that came into the Union was offered a "partnership" with the federal government.
Every state knew what…. As a matter of fact, under the original dual federalism during the early years of our country, each state that came into the Union was offered a "partnership" with the federal government. Every state knew what they were getting into. The federal government could declare war, coin money, control immigration, sign treaties, appoint ambassadors, interpret laws, and control interstate commerce. These powers were granted to the federal government by the Constitution, Articles I-IV, and Article VI. Powers granted to the states consisted of passing laws within their territories, controlling health, police, education, marriage, voting requirements, and even trash collection. These were granted by Article IV and the Tenth Amendment.
Shared powers were to levy taxes, create courts, and to create laws for the general welfare. These joint powers were based in the Tenth Amendment. After the Civil War, the federal government began to exercise its own rights separate from the states with its newly gained momentum and responsibilities gained from winning the war. The layered-cake form of dual federalism came forth with both federal government and states operating independently but the federal government trying to retain control. This increasingly layered-federalism held until , when, with FDR and the New Deal, brought us out of the Depression through the use of numerous federal programs that he delivered to the states for employment. It was an era of cooperation. With WWII and the Korean War, that era of cooperation continued.
Today, in the U. we are closer to dual -- modified layered cake -- federalism. However, for now, it is a devolving fiscal federalism as well. That is, the federal and state powers are separate as spelled out above. However, more fiscal responsibility is being "devolved" or delegated back to the states which are closer to the economic problems they face. The federal government is giving billions of dollars back to the states to cover programs and budget deficits. separation of powers and federalism. How do these central architectural features of American government seek to support Thomas Jefferson's perspectives; "That government is best which governs least.
Separation of powers is that element of the American government designed to protect the nation from tyranny and to, as far as possible, keep the power of the nation decentralized. Federalism, while certainly not designed to promote tyranny, is designed to strengthen the power of the government to act and govern the nation, centralizing power into a strong formal national government. Each of these aspects of modern American government have different implications for business. According to Thomas Jefferson, "That government is best which governs least. Since the founding of the United States in different governmental structures both on the state and local level developed. My paper takes a closer look at three different faces of state and local government in the United States of today: irect emocracy Government, Police Jury Government and Mayor-Council Government.
While California and Louisiana are showcase examples for the irect emocracy and Policy Jury Government system, New York City stands exemplary for a strong Mayor Council governmental system. The goal of the paper is to point out the distinctive features of the three models, their historic background, and various impacts for citizens in the three geographic surroundings. Case Study 1 -- Examination of irect emocracy in California What…. Does the legislature or the governor have more power in Louisiana based on your analysis? The governor has more power than the legislature because the legislature can completely overpower the governor.
There is not one bill he can stop if they chose this veto and there is not an expense he can block for the same reason. The legislature can organize the executive branch anyway it chooses subject to the constitutional imperative of the presence of certain constitutional officers. Furthermore it can get rid of any regulatory authority in it, and propose any constitutional amendment it likes regardless of the governor's opinion on the matter Sadow, J. How is the provision of funds to local and state efforts affected or optimized by Louisiana's French-based system? The state of Louisiana faces a severe decline in revenues through fiscal year which, if no corrective action is taken, will leave a significant funding gap in the state government expenditures and will create serious sustainability issues in financing of state obligations.
It is essential that the state act now to reduce the cost of state government, through all means available, including efficiencies, economies, greater effectiveness, and other means to streamline government in order to overcome the projected severe revenue reductions occurring through Louisiana also created the Commission on Streamlining Government CSG to examine each agency's constitutional and legal duties to gain efficiency and lower costs by reducing the size of state government. This commission is charged with making real reforms to reduce the size of government by finding and getting rid of a ballooning bureaucracy and duplicative services and low-performing programs both on the state and local government level Streamlining Louisiana: Driving Government Reform in an Era of Fiscal Crisis 29 January , p.
Proposers of the reform i. request the issuance of annual public reports online of all state grants by funding source, agency, parish and. This is designed to help support individuals who are dealing with financial challenges. The problem is that select amounts of recipients will use as a way to live off of the government. Wolf, How might a socialist and a capitalist government differ in its treatment of the problem of unemployment? Socialists want to see massive amounts of government spending to create new jobs, training programs and provide unemployment benefits.
In your opinion, should the government have the responsibility of providing health care for every citizen? Why or why not? Yes, the government should provide health care. The reason why is because prices are increasing exponentially and the number of uninsured is rising. These factors are a sign that there is very little competition inside the sector. To address these…. References Puerto Rico Statehood Amendment. htm Sin Taxes. Six Taxes. Connecticut Voices for Children. Fiscal Federalism To the Cato Institute: The Cato Institute policy statement on "Fiscal Federalism" is an excellent example of 'throwing the baby out with the bath water. But the need for more efficiency does not mean that the entire program should be scrapped.
During the recent recession, many states were cash-strapped and desperately needed funds to support Medicaid and unemployment insurance. Unlike states, the federal government can spend at a deficit. If there were no grants, this would have caused tremendous privation and social unrest. The relationship of the states and the federal government is necessarily a symbiotic one. States are presumed to have better knowledge of what programs are needed to address critical issues within states' borders. The federal government acknowledges this expertise, even though it may use its prerogative to prioritize…. References Williams, Bob.
The most egregious budget gimmicks of State Budget Solutions. As Cuccinelli and Getchell point out that, "The police power is the antithesis of limited, enumerated powers. Given the breadth of that power, it cannot be exercised by the federal government without overwhelming the limitations intended by the Constitution's scheme of enumerated powers" , p. Conclusion The argument can be made that the individual mandate provisions of the Patient Protection and Affordable Care Act are for the greater good by making individual consumers accountable for their own healthcare. Even though the purpose of the PPACA may be laudable, the research was consistent in showing that many constitutional scholars believe that the individual mandate oversteps the authority of the U.
Congress under the Commerce Clause. Although the PPACA is currently the law of the land, it is reasonable to conclude that it will continue to face legal challenges from the attorneys general of the several states due to its individual…. References Cuccinelli, K. Why the debate over the constitutionality of the federal health care law is about much more than health care. Loyola, M. Trojan horse: Federal manipulation of state governments and the Supreme Court's emerging doctrine of federalism. May, J. Healthcare, environmental law, and the Supreme Court: An analysis. fiscal federalism on finance and budgeting in public organizations. Federalism is a political concept in which groups are bound together by a representative governing body.
This is usually constitutionally divided between a central authority and political units; in the United States, the Federal Government and the 50 State Governments. The issue of federalism was actual controversial during America's revolutionary period when some feared that too much power at the Federal level would reduce State's rights. Certainly, after the Civil War the Federal Government increased its influence and power, particularly as transportation technology allowed for greater commerce and travel between States Gerston, In its most basic form and application, fiscal federalism is a concept that is concerned with deciding which functions of government are best centralized and which are more appropriately placed in decentralized levels of government.
As a study, it looks at how the expenditure side and revenue side…. However, we now see some issues that are even more serious in States: California cancelled many of its summer educational programs and has a tremendous fiscal crisis; Washington has a budget deficit that has extended into education; and Medicaid spending has caused a fiscal crisis in Texas, New Jersey, and New York State Budget Crisis Task Force, Additionally, it now appears that transferring of regulatory and fiscal authority to States sometimes causes better incentives to follow Federal policy, but all too often allows states to undercut economic policy and even adapt programs with a poorer design and execution than intended, often causing those programs to underperform Super, Health care is certainly a prime example of the disconnect between Federal and State governments.
The constitution brought division between two groups, the federalists and the anti federalists. The two groups certain philosophies. The Constitution caused numerous debates on the future of America and its structure. The anti-federalists have been concerned about the role of the national government and its dominance over citizens. The Federalist believed in the Constitution while the anti-federalists believed that the constitution was weak and did not protect the rights of the people. The Federalists are strong believers of the Constitution and always insisted that the Constitution is the only legal document to be used to achieve a just society because people rights are protected, the federalists comprises of wealthy people accused of not addressing the concerns of the local people.
The federalist and antifederalist have stood on different ground, the federalists oppose the ideas of anti-federalists who believes that the Constitution give excessive power to both the national government and legislative arms of government reducing the powers of the local people. Anti-Federalist believe that the national government has expansive powers over the state to the extent that the opinion of ordinary people are ignored resulting to the oppression they have been trying to eradicate. For instance, the anti-federalist argue that the Constitution gives powers to the national government to use military force which is not in the interest of the nation but the interest of the certain states.
The anti-Federalist has always been dissatisfied with the power of the legislative arm arguing the Congress had too much power. What the anti-federalist have since been fighting for is the Bill of Rights which, according to them, without its inclusion in the constitutions the American people are not protected. The anti-Federalist felt that state would retain their rights through The Bill of Rights which included freedom of speech, the right to possess arms, right to privacy from search, right from trial by jury, being declared innocent until proven guilty by the court, the right to representation, a speedy trial and no cruel punishment.
Anti-Federalists viewed these rights as essential because none of them were exercised under the British rule. Therefore, power would be transferred from the center to the people. Anti-federalist believed that if the Constitution was ratified without including the Bill of Rights, the central government would exercise its strength and deny people the basic rights. The Federalist viewed the Bill of Rights as unnecessary because the national government needed to operate within the set guidelines that did not elaborate how people were to be protected from oppressive rule.
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