Furthermore, states can have different laws about how they can punish criminals. While a unitary system is composed federalism essays one central government […]. When President oosevelt backed Social Security, the policy was a direct response…. This school also believes that the main reason why the Constitution clearly specifies national bodies is…. Thus, federalism essays, women can avail of abortion services as a healthcare and preventive service subsidized by the federal government and covered in health insurance plans. My name is [Name] and I running for the governor of Texan as a Republican Party candidate. First, the delegates set out to revise the Articles of Confederation to weaken the power of the state legislatures and increase the powers of the central government, federalism essays.
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Any subject. Any type of essay, federalism essays. 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 federalism essays exist in some countries; for example, the United Kingdom has a unitary system where all power centers around Federalism essays what they give, federalism essays, they can take away. Federalism is significant in the USA because of the fact that the Founding Fathers embedded it into the US Constitution.
When the Founding Fathers wrote the original constitution during the Philadelphia Convention, they wrote it in such a way that it gave the Federalism essays certain enumerated rights and the Federal government certain delegated rights. This established a period of dual federalism. However, it was the 10th Amendment, that was included within the Bill of Rights, that really introduced federalism. The 10th Amendment declared that any powers that are not granted to the central institutions are assumed to remain at the level of the state. This is significant to remember as otherwise the smaller states would not have signed up to join the United States.
Federalism, and the fact that the States maintain certain powers, federalism essays, allowed more States to sign up to join the United States and the US to expand westward. Federalism is a significant feature of the USA because it allows the states to maintain their own customs and heritage. Federalism allows the states to keep their enumerated rights; crime and punishment, and education are all enumerated rights that the states can make their own decisions about. For federalism essays, federalism has allowed states like California and Nevada the right to legalize the recreational use of marijuana.
Furthermore, federalism essays, states can have different laws about how they can punish criminals, federalism essays. For example, Alabama federalism essays the death penalty, federalism essays, whereas New York does not. The states enjoy the fact that they can set their federalism essays laws because it allows them to maintain their cultural identity. The United States is geographically so diverse and hyphenated that it means that beliefs between states differ. Federalism is significant because it allows federalism essays states to have this right. Each state has its own Constitution, legislature and judiciary. Delegated powers are the rights that the national government have. Defence federalism essays an example of a right that the national government has that is outlined within the constitution.
This means that it is only the President, with the backing of Congress, who can take the US into a war. Occasionally, federalism essays, the state government and the federal government believe that the other one is federalism essays one of their jobs; whenever there is a dispute federalism essays the powers between the states and the central government, the Supreme Court become the final arbiter in determining the outcome; the Supreme Court interpret the Constitution and so the meaning of the Constitution can be interpreted differently over time.
When all of the above are considered, it is clear that federalism is a significant factor in the US political system because it allows the States to maintain their own freedoms and identity, whilst still belonging to a federal government that is more powerful. However, when assessing the significance of federalism, it should be considered that the idea of federalism has federalism essays over time. The relationship between the central and state governments has shifted, federalism essays. In the s, Franklin D. Roosevelt changed the idea federalism from dual-federalism to cooperative federalism, changing the relationship between the different levels of government.
Roosevelt believed that an economic plan, that centered around Washington, was the only viable way to heal America. Roosevelt strengthened the hand of the federal government, changing the dynamic between the States and the office of the President. Additionally, during the Cold War, it was the Office of the President who made the major decisions on behalf of the rest of America. This shows that at times, federalism is not too significant as the President or Congress can change their relationship with the States at times of emergencies.
Furthermore, federalism is incredibly difficult to define. Over time, it has been difficult to clarify which powers the constitution gives to what aspect of government. Federalism has been subject to much discussion, particularly in relation to the cases of the Necessary and Proper Clause that is found within the first Article federalism essays the Constitution. Therefore, federalism essays of the confusion that federalism creates and the many loopholes that it establishes between the state legislature and Congress, federalism essays, it can be concluded that federalism is insignificant because it cannot be determined in practise. Recent Presidents have attempted to leave their mark on history by changing their own concept of federalism.
Richard Nixon and Ronald Reagan are the Presidents who are closely associated with new-federalism, the current type of federalism that exists in the USA. They both attempted to give more power back to the State federalism essays as they wanted to reverse the growth of the national government that occurred under the Democrat Presidents. This shows that federalism is still federalism essays to some Republican members but perhaps not to Democrat members. Federalism itself has been reintroduced as a significant part of the US political system, however, federalism essays, it could be argued that the significance of federalism varies between Presidents. Ultimately, federalism is a significant factor in US politics because of the fact that it is embedded into the US Constitution, which federalism essays an entrenched and codified document, which is difficult to change.
It would need the support of the smaller states in order to federalism essays changed, which is extremely unlikely. However, federalism, in practise, has changed over time as the national government has had to coordinate major national emergencies, such as the collapse of Wall Street and thus respond to the Great Depression. This means that federalism in practise has changed. Remember: This is federalism essays a sample from a fellow student. Starting from 3 hours delivery. Sorry, copying is not allowed on our website. We will occasionally send you account related emails. This essay is not unique. Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper, federalism essays.
Want us to write one just for you? We use cookies to personalyze your web-site experience. This essay has been federalism essays by a student. This is not an example of the work written by professional essay writers. Get help with writing. Pssst… we can write an original essay just for you. Your time is important, federalism essays. Get essay help. Related Essays The Theory of Fiscal Federalism and Its Features Essay, federalism essays. The Difference between Federalists and Anti-federalists Essay. The Concept of Cooperative Federalism and Its Activity in the United States Essay.
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It can also be seen as a compromise between the most powerful and the loose alliance of independent states to govern diverse people spread out over a large area. It has the aspect of allowing the central government to handle issues and still maintain traditions, local pride, and power. German and Canada are among other nations with a federal system, and in which each government has its authority. You're lucky! Order Now. In the post-modern days, most governmental functions remained with the states. However, this day with the American federalism these functions are much more centralized.
It has subordinated the state to the central government in by regulating businesses between states and managing foreign affairs. It is as a result of federalism that there is real cooperation between state and national governments in projects concerning education, interstate road construction, environmental conservation and health. According to the U. Constitution, its federal government was created to serve a community of states. Under the federal system powers assigned to the Senate are called enumerated powers and are stated under Article I of the Constitution. Enumerated powers As it is in Section 8 of Article I, these powers cover a wide range and entail the authority of Congress to collect the tax, spend, and borrow.
All the other powers belong to the states. However, the federal system of power division is not very clear; this is because the enumerated powers can be enlarged by the knowledge that it possesses implied powers also, which are not explicitly stated. Concurrent powers Authority to tax, spend and borrow funds is among these powers. Charter corporations and judicial are run by entity state governments. Moreover, more authority was preserved for by the 10th Amendment to the U. Constitution to state governments. Reserved Powers These are set aside for the states. Although they are not listed individually, they are guaranteed by the 10 amendment. They include regulating commerce within a state, establishing local government, and holding elections.
They are also called police powers since they protect safety of citizens. Before the federalism period, America waged to struggle for independence and customizes an alliance form of government. Back in , some of the issues that triggered to the Civil War were associated with federalism. Most citizens saw it worthy for decisions such as legalizing slavery not to be left in the hands of the state government alone. 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. 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.
States and localities deliver, finance, administer and even monitor health systems. Any serious reform, though, must begin at the Federal level with Medicaid, which is hurting state budgets. In fact, most States lack the administrative tools and expertise to manage health care budgets at all, evidences by the tripling of State and local expenditures since Pollack and Kilgore, The problem is not just in the United States, but between Canada and her Provinces as well. The gist, for both countries, is about effectiveness of the various levels of government. To adequately fund programs that must, by their nature, be national in scope, the Federal government has the responsibility to its citizens at large.
This can be accomplished by shifting spending to tax relief that stimulates business investment in all States, build more discipline into Federal programs that. Foremost, when they occur, they generate massive financial setbacks for the institution implementing them as they generally require a large sum of money. The rewards are spread out over an extended period of time while the cost or the pain of investing is immediate. That makes if difficult to finance public investments" Penner, For the state and local governments to be able to fund their investments, they should organize their incomes into two categories: current operating capital and capital component.
A simple accounting method would help them benefit immediately from the investment. In this order of ideas, given that the investment is amortized and the amortization is registered as part of operating expenses, the users of the investments would immediately benefit from it, and also pay it at the same time Penner, Another means to deal with the…. References Penner, R. Tax Policy Center Woolley, J. Healthcare Legal Issues Discuss the impact Federalism has on the regulation of health care delivery; how do the different sources of law as they related to the federal and state governments matter, if at all? In general, federal regulation of health care delivery would be much more appropriate and efficient than state or local law, at least in so far as major aspects of health care delivery are concerned.
That is because state laws vary considerably; that makes it impossible to establish a consistent or uniform standard of health care delivery across state lines. Certainly, there are aspects of health care that are appropriate to regulate at the state or even the local level, but there are others that would be much better to regulate on a national or federal level. One of the best examples of an aspect of health care delivery that should be regulated federally are elements…. Reference Reid, T. The Healing of America: A Global Quest for Better, Cheaper, and Fairer Health Care. New York: Penguin Group. In Italy, Mussolini exploited the state of confusion and malaise to seize power. From this cradle, Fascism emerged into the world.
In Germany, it morphed into Nazism, a more virulent and transformed fascism feeding upon race mysticism as well as extreme nationalism and dictatorship. Both countries took this highway to the Hell of World War II. During this second installment of Great War, European countries groaned under the Fascist boot heel and fought back under native partisan movements in the underground resistance. Ironically, the European Federal movement was midwifed by Italian political theorist Alberto Spineless. After the Second World War, the people of Europe wanted human rights, an end to despotism against both and human freedom and dignity. he Union of European Federalists was formed in December of In the wake of two world wars, theorists such as Spineless were convinced that Federalism in Europe would save Europe by….
The Union of European Federalists was formed in December of In the wake of two world wars, theorists such as Spineless were convinced that Federalism in Europe would save Europe by transcending nationalism much as the multinational Resistance had in World War II. In this movement, Communists, Socialists, and Christian Democrats resisted Fascisim in a united front. Spinelli and contemporary E. Rossi wrote the Ventone Manifesto, encouraging a federation of European States to make way for the European Union body. Union of European Federalist concluded that the existing political system could not creatre the new Europe. Federalist advocates thought that Europe integration was a process of building for the politics of a new Europe.
After achieving freedom from the Nazi tyranny, the people of Western Europe developed a consensus that a united Europe was the best way to bring peace and prosperity. Opposition forces like Resistance movement veterans thought they should overcome nationalism. Uniting Europe was the first task in its post war recovery. Federalism provided the theoretical basis of these for this movement. As the result, Federalism plans appeared as a blueprint to prevent future European wars. The federal ideas were first concretely represented in the European Coal and Steel Community ECSC in in the Treaty of Paris. The ECSC paved the way for the integration of Europe, followed by the European Economic Community EEC in and the European Union EU of based upon the Matriarchs Treaty.
Transnational organizations now are paving the way for a Europe that will be one state. So, who was right? Well, it seems that history has taught us again and again that in certain conditions, humans do express their evil and competitive natures e. fascism, genocide, etc. The complexity is that humans are not all one type or another, but a combination. Most sociologists believe that it is culture and society that form the basis for behavior. For example, the Kung! Bushmen of South Africa have no crime, very little disagreement, and understand they must cooperate for the good of the tribe. owever, if we look at the Epic of Gilgamesh or the Code of ammurabi, we find that the earliest civilizations had to provide structure and that evil nature was as much a part of humanity as goodness.
The debate remains -- is the cup…. Hobbes looked around, and saw a sewer of urban life; poor people struggling, disease, trash, pestilence and believed that without control mankind was nothing more than animalistic. Locke thought otherwise, that humans, given a chance to actualize, would cooperate, work towards a common good, and provide a generalized and goal-oriented society. However, if we look at the Epic of Gilgamesh or the Code of Hammurabi, we find that the earliest civilizations had to provide structure and that evil nature was as much a part of humanity as goodness. The Federalist movement surrounding the writing and eventual ratification of the U. Constitution focused on one basic premise: how much power and authority should the national, versus State, government control.
Certainly, once can view that if the Articles of Confederation were deemed to be too weak and inappropriate for the new Republic, then the Federalist faction won. Rhode Island and North Carolina especially opposed the Federalist view, but eventually the Bill of Rights seemed to satisfy most of the delegates who realized that the alternative would be suicide. This did not stop individual States from wanting to secede long before the Civil War, and indeed, the actual finality of the issue of State's rights was not really solved until the midth century, when the Supreme Court issued several decisions requiring that the tenets of the Bill of Rights be established in all 50 States. If one considers the political issues of the Jeffersonian Era up to the War Between the States, then one might say that although the Constitution provided a legal means for a strong centralized government, that was on paper and States tended to act and react in their own ways to a point.
There was consternation during the issues with the British, when new States entered the Union there were issues on whether they would be Slave or Free States. Thus, the Federalists really only had the appearance of victory after the Constitutional Convention, not the buy in and acceptance of the policy for decades afterwards. Congress of the United States has the power to lay and collect taxes pursuant only to Article 1, Section 8, clause 1 and Article 1, Section 9, clauses 4 and 5, and Article XVI of the United States Constitution. And, the Tenth Amendment of the United States Constitution limits the scope of federal powers.
However, the federal government has devised a way to distribute federal funds to state and local governments in such a way that circumvents the Constitution for its own purposes. Article 1, Section 8, Clause 1 of the United States Constitution states that: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. status of federalism within the U. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades.
Initially, a conceptualization of federalism will be offered as established by the founding fathers. Current literature will then be used to identify factors associated with and the role assumed by the presidency, the Courts and Congress in federalism as it exists today within the U. Conceptual Framework unique federal system of government to replace the original Articles of Confederation was established b the U. On the basis of federalism, the Framer's of the Constitution delineated that national concerns were to be handled by a national legislative branch and executive branch of government while concerns at the local and state level would be handled by state legislatures and governors.
It was the intent of the Framer's…. References Brock, P. Supreme Court Justice Thomas Smith speaks. Montpelier Magazine Spring, , Harrisonburg, VA: James Madison University, Montpelier. Eastman, J. Re-entering the arena: Restoring a judicial role for enforcing limits on federal mandates. Greve, M. The supreme court's federalism. AEI Federalist Outlook, 2 August Jeffrey, K. Guide to regulatory reform: The federalism rule. Brief Analysis No. The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infringing Title II of the Americans with Disabilities Act ADA. Tennessee argued that the Eleventh Amendment banned the suit, and filed a motion to dismiss the case.
It relied chiefly on Board of Trustees of the University of Alabama v. Garrett , in which the Supreme Court held that Congress had, in endorsing certain provisions of the ADA, unconstitutionally repealed the supreme immunity of the States by letting people sue the States for discrimination on the foundation of disability. Garrett had held that Congress had not met the congruent-and-proportional test, in that it had not collected enough proof of discrimination on the basis of disability to give good reason for the repeal of…. References GONZALES V. OREGON U. html TENNESSEE V. LANE U. DUAL FEDEALISM PHASE The Dual Federalism is the reflection of the ideology that stressed over the balance of powers between the national and state governments, and considers both the governments as 'equal partners with separate and distinct spheres of authority' Sergio, Previously, the 'federal or national government was limited in its authority to those powers enumerated in the Constitution', and it was evident that there was partial understanding and correspondence between the national and stat.
There existed little collaboration between the national and state governments, which resulted in the 'occasional tensions over the nature of the union and the doctrine of nullification and state sovereignty'. In , the Constitution was approved by the States; ratification of the conventions convened took place. The period from to has been regarded as the Federalist Perios, 'the period takes its name from the dominant political party of the time, which believed…. References Michael Mcguire. American Federalism and the Search for Models of Management.
Public Administration Review. Volume: Issue: 6. American Society for Public Administration. Stever, James a. The Growth and Decline of Executive-Centered Intergovernmental Management. Publius: The Journal of Federalism Vol. Stoker, Gerry, and Karen Mossberger. Urban Regime Theory in Comparative Perspective. Environment and Planning C: Government and Policy Vol. Stone, Clarence. Regime Politics. University Press of Kansas. European Federalism: Historical Analysis Fascism is considered to be a political belief and concept, which is based on the principle that social, economic and cultural and traditional beliefs of a country must be used in order to increase nationalism. In Europe, fascist movements had emerged in twentieth century. The goal of these fascist movements was to promote fundamentalist and fanatic beliefs in order to deal with the social and political turmoil that occurred in the European region after the end of World War I.
Federalism is considered to be the theory, which is based on the principles of federation, which seeks to create a balance of power by dividing it among the member of the same institution. The aim of this paper is to historically analyze the rise of European Union from to the end of World War II in the lights of broad and diverse academic resources. Bibliography 1. Boka Eva : The Democratic European Idea in Central Europe, Federalism contra Nationalism Specimina Nova, University of Pecs, Boka Eva : In Search of European federalism. Society and Economy The Journal of the Corvinus University of Budapest , Levi, Lucio ed. Franco Angeli, Milan 4. Lindberg, Leon : The Political Dynamics of European Economic Integration.
Stanford University Press. The research focus CURRENT year developments composition government. Preferred Resources: 1 The Economist 2 BBC News. Development and Composition of German Government Federalism is a key feature of the political system of Germany and its governance. Federalism dates back in the period after orld ar II when Germany was under the leadership Prussians. At this time, "Germany" consisted of a patchwork of states. These states formed the "Old Empire" Altes Reich with a common institution, the so-called Immerwahrender Reichstag in Regensburg -- , composed of representatives of the respective territories. Its key features were power-sharing, bargaining and compromise-seeking Kitschelt and olfgang Following the dissolution of that Empire in , 39 territories formed, under Napoleon's protectorate, the Rheinbund Rhine-Confederation which was unwieldy and inefficient.
The Vienna Congress in established, the confederal Deutscher Bund, as successor of the Old Empire and with…. Works Cited Kitschelt, H. Scarrow, Susan. Streeck, Wolfgang, and Thelen. Beyond Continuity: Institutional Change in Advanced Political Economies Eds. Oxford: Oxford University Press, The Economist. Courchene also discusses the changing nature of relations between federal Canada and Quebec and suggests that increasing cooperation has become a new vision that is now being explored. Brown takes particular note of the actions being taken in Quebec, and he notes that the Quebec Liberal Party QLP issued a paper "calling for a new federalism 'de concertation et de cooperation,' consisting of a better effort to manage global interdependence, a respect for the federal spirit i.
respect for provincial jurisdiction , a better fiscal balance between the federal and provincial governments, and more concerted interprovincial cooperation" Brown, , p. In terms of how the Copuncil of the Federation, Brown finds that this may be little more than a continuation of the Annual Premiers' Conference under a different name, or it could lead to a return to the earlier practice seen in the Mulroney era when annual…. References Brown, D. Getting Things Done in the Federation: Do We Need New Rules for an Old Game? Institute for Research on Public Policy 1. Burelle, a. The Council of the Federation: From a Defensive to a Partnership Approach.
Institute for Research on Public Policy 3 English. Cameron, D. Intergovernmental relations in Canada: The emergence of collaborative federalism. Publius 32, 2, Chennells, D. The Politics of Nationalism in Canada. Toronto: University of Toronto Press. Constitutional Convention of , two primary plans were forwarded that shaped the development and discussion at the convention that would forever impact the shape of American politics. The first plan, the Virginia Plan, introduced by Governor Randolph, was an effort to simply revise the existing Articles of Confederation.
It was characterized by three major points: the structural exclusion of states from elections and representation at the national level, reductions of powers to individual states, and the abandonment of the some national features of republicanism like institutional separation of powers. The Virginia Plan was countered by two alternative plans, and a division at the Convention: the New Jersey Plan that believed the Virginia Plan went too far in affording power to the national government, and the Hamilton Plan that argued the Virginia Plan didn't go far enough Lloyd. Works Cited Burner, David and Rosenfield, Ross. Follesdal, Andreas. Green, John, Smidt, Corwin, Guth, James, and Kellstedt, Lyman.
While abortion is not banned, it is not encouraged either. Its lack of acknowledgment at the state and local policy level demonstrates the lack of priority or evasion of the government to acknowledge abortion as a healthcare service that must be stated specifically as a subsidized service by the federal government. Interestingly, with the approval and passage of the Affordable Care Act or "Obamacare" , federal policy on abortion remains vague if not directly banned or discouraged. While abortion is not explicitly stated as a health service that will be subsidized under this new healthcare law, it is contended that abortion services and its funding are "always included unless it's explicitly excluded" O'Neil, Thus, women can avail of abortion services as a healthcare and preventive service subsidized by the federal government and covered in health insurance plans.
This new development in the federal policy on abortion is a step forward…. References "Federal and state bans and restrictions on abortion. Planned Parenthood Action Center. Retrieved 28 July htm O'Neil, T. Ott, and M. policies and programs. Federalism and Religious Freedoms: The Importance of and the Adherence to the Separation of Church and State in a Multicultural Environment Although it is clear that many religious concepts were embedded into the original drafting of the Constriction and the Nation's laws, maintaining a separation of church and state in the official capacity allowed the country to prosper in many ways.
Having civil laws that govern beyond religious controls allows for a level of stability that can accommodate many difference ideologies. Federalism and Religious Freedoms A Federalist design works to protect religion and religious leaders by allowing them to operate freely without any state intervention. Delegates' top priorities include the following. First, the delegates set out to revise the Articles of Confederation to weaken the power of the state legislatures and increase the powers of the central government. Delegates also sought changes in the ways states were represented in the federal government and introduced the concept of separation of powers to create a system of checks and balances.
Debates between federalism and republicanism brewed during the Constitutional Convention, as delegates like Alexander Hamilton favored an exceedingly strong executive branch whereas traditional republicans hoped for term limits for elected officials. Compromise was a must and the Constitution of the United States reflects the confluence of republican and federalist values. Second, the delegates heatedly debated the question of how to deal with slavery. An abolitionist movement had taken root in Europe and delegates were forced to address concerns about the international and inter-state slave trade. Once again,…. References Articles of Confederation. htm Lloyd, G. Wilson, a student of public administration, favored more governmental regulation and action during a time when large monopolies still existed.
He saw the role of public administration as "government in action; it is the executive, the operative, the most visible side of government, and is of course as old as government itself" Wilson The pendelum swung, though, and the government was blamed for many of the ills that caused the Great Depression. Franklin oosevelt, despite being called draconian, knew that he had to launch programs that would have a quick effect upon the struggling economy; resulting the New Deal -- a complex, interlocking set of programs designed to produce jobs, economic recovery, and fiscal reform of banking and Wall Street -- exactly what was needed, it seems to turn the Titanic in a new direction Badger.
Then, of course, came the war, which stimulated the economy like nothing else,…. FDR - The First Hundred Days. New York: Macmillan, Cooper, P. Public Law and Public Administration. Englewood Cliffs, NJ: Prentice Hall, Fesler, J. American Public Administration: Past, Present, Future. Halberstam, D. The Fifties. New York: Ballantine, 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 of age. lock Grants lock grants have been part of the United States federal system as early as the late 's. lock grants are fixed -- sum of federal grants to state and local governments which allows them to design and implement programs.
Examples: Child Welfare: gives states option to receive Title IV-E Foster Care funding as flexible Grant; Medicaid: gives states the option to consolidate Medicate and SCHIP funding into state acute care and long-term care allotments. A block grant has different budgetary implications from an entitlement. While both block grants and categorical grants are normally financed by fixed appropriations, entitlement funding is usually open-ended. lock grants give Congress…. Block grants have been part of the United States federal system as early as the late 's.
Block grants are fixed -- sum of federal grants to state and local governments which allows them to design and implement programs. Block grants give Congress more authority and be in command of over future spending, entitlements are more responsive to macroeconomic conditions. Welfare Reform Act of Welfare Reform Act of was signed into law by President Clinton on August 22, This law changes how government financial assistance is administered including: changing federal funding to states from an open-ended entitlement to a series of capped block grants allocations; sets time limits on entitlements and cash assistance to welfare recipients; requires more welfare recipients to engage in job programs, and enforces collection of unpaid child support, and denies legal immigrants from collecting SSI and food stamps.
The legislative goals of the Welfare Reform Act of was to reduce dependence, to reduce child poverty, and to reduce illegitimacy and strengthen marriage. This reform has been effective in meeting each of these goals. Thus, Scott was always a slave in areas that were free" "Classifying arguments," Landmark Supreme Court Cases, After the Scott decision, advocates of compromise between slave and free states such as Senator Henry Clay found their views legally invalidated. Clay had advocated the doctrine of popular sovereignty: that states should decide whether slavery was prohibited or permitted within their borders. As a result of Scott v. Sandford Northern states that had abolished slavery would now be forced to harbor slaves within their borders, if residents of slave states transported their 'property' to free states.
To a slave-holder, being able to transport his or her property to the north was akin to being able to take a piece of luggage across state borders and retain his or her control over the property. Southern states had always stressed the inclusion of slavery within the Constitution, and generally disregarded the Supremacy Clause,…. Works Cited "Classifying Arguments in the Case. Sandford Landmark Supreme Court Cases. November 17, governments made part organizations laws electronically. Use Internet compare state's issues policies stateline. Compare issue states regions country describe state addressing issue. What aspects federalism reflected states' approach policy making area? Does federalist structure government hinder public policy effort issue states address?
Support answer. State government issues: Approval of charter schools One of the most controversial issues primarily governed by the states is that of education. Although public schools are locally-funded, how schools provide education and how funds for schooling are appropriated differs from state to state. This can be seen in the current debate over charter schools in Georgia and New Jersey. These debates are not financial, but rather "have centered around power: Who has the power to create new charter schools? ecently, Georgia loosened restrictions on the approval of new charter schools, "regardless of whether local authorities want them or not" Wieder However, in New…. References Wieder, Ben. Two states, two different paths on charter schools.
M5D1: Federalism and Emergency Management Grant Our proposed grant would be designed to support the education of up-and-coming law enforcement candidates in the field of homeland security. States would be able to apply for a grant to provide scholarships to students at their state universities in the field of criminal justice who specifically wished to study this area of enforcement and serve in a criminal justice agency within the state for a specific number of years after graduation. This would encourage more highly-trained personnel to enter the field of criminal justice and better infuse recent academic knowledge about fighting terrorism and other critical areas into the actual hands-on practice of law enforcement agents in the field. The program would be mutually advantageous to students and the states.
Students would gain support for their education and would also have assurance about finding a job after leaving school. States would be able…. References Citizen Corps. When the Affordable Care Act was upheld by the Supreme Court, several people commended the Court for refusing to remove the only social protection they had which was established and improved by the New Deal as well as the Great Society. The House of Congress agreed to allow certain states have a significant level of command on the way federal programs such as Medicaid were implemented on the condition that it would be free to set up and enlarge its planned national entitlement schemes Brown-Nagin, A huge disagreement in the beliefs of federalism has been bared for all via the suits contesting the Obamacare mandate.
A school of thought believes that the government should get involved even constitutionally in situations when certain states do not have individual capabilities to settle a particular dispute. This school also believes that the main reason why the Constitution clearly specifies national bodies is…. Ultimately, the article's key findings can be summarized in the four lessons learned from the states that the authors provide: 1 the importance of working proactively to identify roles and responsibilities; 2 the importance of committed leadership; 3 the importance of balancing political, managerial and performance measurement accountability; and 4 The importance of clarity and simplicity.
The article also brings to light the legitimacy of other readings in this unit; most notably, Wamsley and colleagues' Public Administration and the Governance Process. Although this essay was written almost a quarter of a century ago, the statements expressed about accountability and transparency are as relevant today as they were at the time of the writing. Wamsley et al. References Behn Robert. Transaction Costs and Institutional Explanations for Government Production Decisions. Journal of Public Administration Research and Theory. Johnston, Jocelyn, Barbara Romzek and Curtis Wood.
The Challenges of Contracting and Accountability Across the Federal System: From Ambulances to Space Shuttles. Publius: The Journal of Federalism. Klingner, Donald, John Nalbandian and Barbara Romzek, Politics, Administration and Markets: Conflicting Expectations and Accountability. American Review of Public Administration. Johnson rebuked generals and Congress continued to pass into legislation laws Johnson had vetoed. Johnson's antics caused more and more supporters to abandon him, and impeachment became a very real concern. Congress voted to impeach Johnson in after he violated the Tenure of Office Act and tried to remove Secretary of War Stanton, but the Senate did not convict him. During this time, a struggle between the court system and Congress also developed, which in effect allowed the court to send a message that econstruction was not a constitutional problem but a political one.
Ultimately, the power struggle showed the viability of the Constitution and American federalism. While the struggles were great, the Supreme Court, Congress, and the President all survived the crisis and supported the separation of power that separate the three branches of government. By driving a wedge between the Congress, the judiciary, and the presidency, Andrew…. Reference McPhearson, J. Ordeal by fire: The Civil War and reconstruction. New York: McGraw Hill. Madison's Dilemma What was Madison's Dilemma and what was his solution to it?
James Madison's dilemma primarily hinges on the idea that "men are not angels," that if the contrary was true, then no form of government would be needed. However, because men are truly not angels, government is a necessary system. This brings about a dilemma to Madison, who views this roundabout thinking as a paradox: even with government, how does one prevent man from his non-angelic, corrupt behaviors? What separates government from the common man? Madison's solution, then, is a separation of powers, a "checks and balances" system in the judicial, legislative, and executive branch. In this manner, each branch limits powers of the other branches, and can also resist major influences within the separate branches.
What is the process of incorporation and what is its constitutional basis? The incorporation doctrine -- or the "incorporation of the Bill…. American Colonial experience and the Articles of the Confederation influence the content of our Constitution? he American colonies existed as separate political entities. he only attempt to consolidate any of the colonies under one united government was that of the ill-fated "Dominion of New England," an attempt to reign in the independent colonies by a monarchy that of James II that was thought by many to want to 'catholicize' the Anglican church in the late 's.
Administration had to be done at a local level because of the inferior condition of the roads. he advent of newspapers and printing presses in the mid's was really the first non-commercial link between colonies; often colonies had been openly hostile to one another. For instance, dissenters that disapproved of the government of Massachusetts founded Conneticut, New Haven, and Rhode Island. he consolidation or division of colonies, when it occurred, happened by skillful diplomacy…. THE SUPREMACY DOCTRINE basically states that national laws have supremacy to state laws.
This is why the Bush administration can tell California to 'reign in' their medical marijuana laws. Because national law is predicated on the dogmatic belief that marijuana has no medical uses, it is what is considered a 'schedule one' drug such as heroin or LSD. In this context, JUDICIAL REVIEW is the power of a court to review a law or an official act of a State for the violation of basic principles of justice. If DEA agents or federal marshals were to arrest a pharmacist for selling marijuana, the case would ultimately represent the interests of California vs. those of the federal government and be taken to the Supreme Court, the highest court in the land.
no pun intended D. Whereas originally the central government derived its power from the States people after the revolution would say 'the United States are,' currently administrative law is the law of the land; for instance, executive orders take precedence over even Constitutional law. In the context of the medical marijuana debate, California would not be able to maintain policies that violated federal law. In extreme examples such as that of school integration in the 's, the federal government has even sent federal marshals to uphold federal laws.
James Morone's By the People: Debating American Government addresses the meaty topics of federalism and nationalism. These trends in American political discourse have shaped much of American history, and it is crucial to engage in intelligent debates on these topics. Morone does an excellent job of presenting all sides of the debate and allowing readers to make decisions accordingly. First, Morone presents an overview and definitions of terms, starting with the question, why federalism? The author responds to the prevailing federalist and anti-federalist beliefs by showing why a strong federal government might have been appealing to early American statesmen. In particular, Morone notes that the fragmented colonial governments needed to reconcile their interests in national security and free trade.
Federalism arose largely out of practical matters. Choosing federalism often involves making calculated compromises between local self-interests and the resources that can only be generated on a larger scale. However, Morone…. The truth is that the forefathers were actually quite surprised at the effect that the signing of the Constitution had created in America; at the democratic society and government that resulted after the ratification of the Constitution. The ratification in itself was a long one, and it involved in essence the perusal of the written Constitution by each state for ratification purposes, for which each state was required to create an independent ratifying committee headed by special delegates.
The discussions of the advantages and the disadvantages of the newly written constitution of America began almost immediately after it was signed, and the two opposing factions of the Federalists to whom the majority of the forefathers belonged, and the Anti-Federalists who formed the opposing group brought these forth. The situation in America at the time of the writing of the Constitution was that of pro-democracy. The political as well as the…. References Encyclopedia: American constitution. Accessed on 4 October, Encyclopedia: Articles of Association. Accessed on 4 October, Partisan Politics At the time the U. Constitution was ratified, the new America of the 19th century saw its indigenes with varied political opinions.
Those in favor of a powerful central government and therefore, a restraint of the powers the states possessed were part of the Federalist Party; those with the belief that interpretation should be given to the Constitution in order to reduce the powers the national government wields, which would further empower the states, became part of the epublican PartyTherefore, The Federalists adopted a nationalistic opinion; the epublicans, although they would not refute the efficiency of the central government, held the opinion that certain rights ought to be kept for the states. Thus, this essay will explore the aforementioned idea Writer Thoughts.
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