...Federalism is a system of government where power is distributed between local and nation government. In the USA, it is split between state governments and national (federal) government. This system of government was introduced to the USA in the Constitution. The Founding Fathers wanted to unite the states without giving the federal government, or any individual state, too much power. As this was not the case when the states were under the control of Britain, or under the Articles of Confederation, it was seen as very important when writing the constitution. In contrast, the UK is traditionally a unitary state with all laws for England, Northern Ireland, Scotland, and Wales all being decided in Westminster. However, UK government could now be described as quasi-federal after large devolution to the Northern Ireland and Wales Assemblies, the Scottish Parliament, and the European Union. From 1780 to 1920, federalism was how it was laid out in the constitution, and is now described as ‘dual federalism’. States had the most power, because the constitution stated that the “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This meant that the federal government were only involved in matters strictly mentioned by the Constitution. This is illustrated by the fact that at the time of President Washington, there were only three federal departments: the Treasury, War, and State. At...
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...Constitution of India. All the provisions made in this Constitution are, therefore, liable to be so interpreted as will protect, if not enhance, and certainly not destroy the basic structure namely federal structure of the Union of India. In this reference, adopting the test of Prof. Wheare wherein he says that “any definition of federal government which failed to include the United States would be thereby condemned as unreal.” Therefore, we need to see the condition prevailing in the U.S., the basic principles of federalism, and then in its light analyze the provisions of our Constitution. THE CONCEPT OF FEDERALISM ‘Federalism’ is one of those good echo words that evoke a positive response toward many concepts as democracy, progress, constitution, etc. The term has been seen to be applied to many successful combinations of unity with diversity, pluralism and cooperation within and among nations. When we elaborate upon the essential feature of federalism that the specialists in the field offer, it is noted that they all seem to contain the following basis points: First, in a federation the political authority is territorially divided between two autonomous sets of separate jurisdictions, one national and other provincial, which both operate directly from the people. Second, the existence of a single, indivisible but...
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...research and write a paper on a specific issue of constitutional law. The paper will focus on the Court’s treatment of an issue and competing perspectives on it (both on and off the Court), and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics include: • The history, functions, and uses of one of the various “technical barriers” • Scope and limits of the presidential power to pardon • Federalism as a value in the Warren and post-Warren Supreme Court • Federalism as a constitutional concept in the Rehnquist Court • How far did the Rehnquist Revolution in federalism go? • The constitutional status of the War Powers Act (1973) • The concept of Executive Privilege • Are there limits to the Court’s recent “takings clause” jurisprudence? • The impact of I.N.S. v. Chadha (1983) • An analysis of the contemporary understanding and constitutional significance of (a) the reversal of New Deal legislation by the Supreme Court, or (b) the Court Pack Scheme of F.D.R. • Congressional attempts to restrict the jurisdiction of the federal courts...
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...Chapter Three Federalism: Forging a Nation Chapter Outline I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s...
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...Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause iii) Whether the state of Maryland had the right to tax a federal agency b) Background: i) 1819 ii) Maryland attempts to tax the national bank of the United States iii) Supreme Court must decide whether the national bank is legitimate under the elastic clause and whether Maryland can tax it c) Decision: i) Federalism ii) National power...
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...But then, India is not a federal State in the traditional sense of the term. There can be no doubt as to the fact, and this is of utmost significance for purposes at hand, that in the context of India, the principle of federalism is not territory related. It cannot be said that residential requirement for membership to the Upper House is an essential basic feature of all Federal Constitutions. Hence, if the Indian Parliament, in its wisdom has chosen not to require residential qualification, it would definitely not violate the basic feature of Federalism. Our Constitution does not cease to be a federal constitution simply because a Rajya Sabha Member does not "ordinarily reside" in the State from which he is elected. Whether Basic structure doctrine available to determine validity of a statute The question arises as to whether the ground of violation of the basic feature of the Constitution can be a ground to challenge the validity of an Act of Parliament just as it can be a ground to challenge the constitutional validity of a constitutional amendment. It has been submitted on behalf of Union of India that basic structure doctrine is inapplicable to Statutes. Mr. Sachar was, however, at pains to submit arguments in support of affirmative plea in this regard. He referred to Dr. D.C. Wadhwa & Ors. v. State of Bihar & Ors. [1987 (1) SCC 378] as an earlier case wherein the Bihar Intermediate Education Council Ordinance, 1985 was struck down as unconstitutional and void...
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...companies across the nation and was used by 48 million Americans in 2010, providing them with health assistance when needed. How did Bush expand it and what was the effect on the federal - state relationship? George Bush expanded Medicare throughout his terms in office with various increases in spending and acts with his Medicare Prescription Drug, Improvement, and Modernization Act of 2003 being of great significance. It was set to cost $400 billion in its first 10 years, a huge expansion of federal spending and of a federal programme introduced by Democratic president Johnson in 1965 which was seen as a huge increase in the size and role of the federal government compared to the state governments. This can be proven by the opposition faced by Bush by conservatives within his own party in Congress with 25 republicans voting against the act in the House and 9 senators opposing it in the senate, causing Bush to rely on sympathetic democrats to support it. This shows just how far it was from the traditional republican view to federalism and Reagan’s ‘New Federalism’. Expansion of Medicaid under Obama: What is medicaid? starting in the 1980s, Medicaid is similar medicare in the sense that it is a social insurance policy but it is directed at low income families who cannot afford healthcare. Means-testing is used to judge eligibility to the programme and is supported through a mix of federal and state government funding; not all states are forced to support the programme...
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...The Politics of Competitive Federalism: A Race to the Bottom in Welfare Benefits? Author(s): Craig Volden Source: American Journal of Political Science, Vol. 46, No. 2 (Apr., 2002), pp. 352-363 Published by: Midwest Political Science Association Stable URL: http://www.jstor.org/stable/3088381 . Accessed: 29/01/2014 22:22 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Midwest Political Science Association is collaborating with JSTOR to digitize, preserve and extend access to American Journal of Political Science. http://www.jstor.org This content downloaded from 146.57.27.61 on Wed, 29 Jan 2014 22:22:08 PM All use subject to JSTOR Terms and Conditions The Politics of Competitive Bottom in Welfare Federalism: A Race to the Benefits? Craig Volden Claremont Graduate University and University of Michigan Existing evidence of a race to the bottom in welfare benefits may be an artifact of inflation and internally fo? cused state policy adjustments. De? clines in...
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...Harjinder Kaur USSO 10100 Prof. Gillooly 03/06/2015 The Significance of the Federalist Papers The Federalist Papers, is a compilation of 85 articles, advocating the ratification of the proposed Constitution of the United States. These series of articles were published by Alexander Hamilton, James Madison, and John Jay between October 1787 and May 1788. The overall intention of the Federalist Papers was to explain the advantages of the proposed Constitution over the prevailing Articles of Confederation. The Federalist Papers impacted the ratification of the Constitution by making some of their most important objections, including the significance of having a Constitution, acknowledging to the disagreements made by the Antifederalists, and defending conflicting arguments made against the attributes of the executive and judicial branch as specified in the proposed Constitution. Before the ratification of the Constitution, the central government under the Articles of Confederations was very weak and in jeopardy of falling apart. Alexander Hamilton, James Madison, and John Jay, who were Federalists believed as well that the Articles of Confederation was too weak to maintain a powerful central government and needed to be restored by the U.S Constitution. The fundamental goal of the U.S constitution was to secure the rights of the U.S citizens and for the federal government to strive for the common good of the individuals. The Federalist Papers illustrates how ...
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...the parliamentary structure of the house of commons (adversarial and conflict). High expectations of accountability in the formal legalities. The government must retain the confidence of the house (budget proposals) -legislative process: see above -party discipline: is linked to the idea of confidence, it operates through out the system. The general expectation is that members will vote along party lines. Pros: Accountability meaning that you know who is power and responsible for certain parts of the government, higher level of efficiency, fiscal and budgetary concerns, Cons: Can not always vote according to beliefs and values, inefficiency Federalism: Important driver of politics within Canada. To what extent are the types of different conflicts between the different levels of conflicts. Another reason why federalism exists is due in large part to the question of Quebec and the allocation of powers between french canada and the rest of the country. The Canadian State: Sovereignty 1867: Constitution Act, 1867 (BNA) 1926: The King-Byng Thing 1926: Nadan v. The King: criminal cases could be heard by the JCPC still The Balfour Declaration 1931: The statue of Westminster (formalize the separation of British and Canadian Government) 1949 Abolition of appeals to JCPC 1982: Constitution Act, 1982: Passed by the British Government (formally ammeter any requirement for the Canadian government to have to go to the British government for any...
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...MEMORY OF THE WORLD REGISTER The Federal Archives Fonds (Barbados) Ref N° 2008-01 PART A – ESSENTIAL INFORMATION 1 SUMMARY The West Indies Federation (1958-1962) was a political federation of ten territories in the Anglophone West Indies. Its formation signaled the beginning of a new era of decolonization for the region of the West Indies in the post-World War II period. The history of the West Indies is inextricably linked with the histories of other former British colonies, which include portions of Africa, Australia, New Zealand, Canada and the United States of America. The Federal Archives reflect the interconnectivity of these histories and document one of the decisive periods of twentieth century history when territories, under the colonial rule of the British Empire, first flexed their ‘political muscles’ and sought to become sovereign nation-states. Undoubtedly, the West Indies Federation shared some commonalities with other contemporary federations particularly with regard to issues such as constitutional reform and overcoming nationalist interests. However, the West Indian experience was unique and distinct from all others mainly as a result of the geographical separateness of the territories by sea and the insularity of the territories, which historically related bi-laterally with England. Additionally, there was the impact of extra- and intra-regional migrations on account of the colonial plantation economies that were...
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...ASSESSMENT ON NIGERIAN FEDERALISM: PATH TO A TRUE FEDERAL SYSTEM BY: IRABOR PETER ODION 07037830536 p24real2000@yahoo.com DEPARTMENT OF GENERAL STUDIES, FEDERAL COLLEGE OF EDUCATION (TECHNICAL) POTISKUM, YOBE STATE BEING A PAPER PRESENTED AT THE 4TH ANNUAL NATIONAL CONFERENCE ORGANISED BY COLLEGES OF EDUCATION ACADEMICS STAFF UNION (COEASU) FEDERAL COLLEGE OF EDUCATION (TECHNICAL) POTISKUM CHAPTER HELD AT I.B.B HALL F.C.E (T) POTISKUM, YOBE STATE 31ST OCTOBER, 2011-4TH NOVEMBER 2011 ABSTRACT It is no gain saying that Nigeria is one of those countries that operates a federal system of government along side with the western world. Given the territorially delineated cleavages abounding in Nigeria and the historical legacy of division among ethnic groups, regions, and sections, the federal imperative was so fundamental that even the military government- characteristically Unitarian, hierarchical, and centralist- attached importance to the continuation of a federal system of government. But it must be said here that, while the system benefit most western countries, the reverse is the case for Nigeria considering the high level of political instability, ethnic crisis, and ethno/religious crisis among others The reason is not far fetch; Nigeria is operating a federal system in an awkward manner and this has make frictions and clashes possible which are currently posing a threat to her political development. To this end, this paper seeks to analyze Nigerian federalism from history, reasons...
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...Running head: CIVIL RIGHTS IN THE SIXTIES PAPER Civil Rights in the Sixties Paper Craig Miller University of Phoenix The American Experience Since 1945 HIS/145 Mark Tate May 20, 2010 Civil Rights in the Sixties Paper The Civil Rights Movement refers to era in the United States aimed at outlawing racial discrimination against African Americans and restoring suffrage in Southern states. “The truth is that no bill insuring civil rights to any person can be enforced so long as there are loopholes available in our political systems loopholes that are the progeny of the very basis of that system, federalism”.(Johnpoll,1964) Civil rights are guaranteed by law but took many years to achieve. For example even after the Civil War, African Americans were treated badly. They got the worst jobs and were paid poorly. Blacks and white were segregated. In other words, they were kept separate in public places including at theaters, restrooms, schools and in transportation. In the 1950's and 1960's Dr. Martin Luther King Jr. became known as the leader for the nonviolent civil rights movement. Malcolm X quickly became very prominent in the movement with his own group of followers. Noted legislative achievements during this phase of the Civil Rights Movement were passage of Civil Rights Act of 1964, that banned discrimination based on "race, color, religion, or national origin" in employment practices and public accommodations (n.a.2009). The Voting Rights Act of 1965...
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...general law held the rail company accountable. A certiorari or what is otherwise known as a quashing order was granted by the Supreme Court, ‘’ Because of the importance of the question whether the federal court was free to disregard the alleged rule of the Pennsylvania common law, we granted certiorari.’’ It was noted by the Judge that in this particular case the doctrine was unable to promote the equality of protection of the law and prevented consistency in the running of the law of the states. 2. To what extent did the decision alter the significance of State law in Federal courts? The judgement in the case of Erie v Tompkins has most definitely altered the significance of State law in Federal Courts. According to some, the judgement was the worst decision in the history of the American courts. Others however, namely John Hart Ely was in favour of the judgement suggesting that a separation of powers is just in strengthening federalism and states that it is not the federal courts job but in fact the congresses to supersede state law. Through the decision the Court held that federal courts did not have the judicial authority to produce general federal common law when hearing state law claims because of diversity jurisdiction 3. Reading the dissent of Mr Justice Butler in Erie (joined by Mr Justice Reynolds) do you find the argument he makes convincing? And in any event what would have been the effect if their view had been in the majority? I do find that Mr Justice Butler...
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...of real world application. The information obtained from the analysis between the two variables will enable large producing oil nations to determine the kind of fiscal policy to undertake. It will help nations in planning budgets accordingly, while also helping governments determine whether there needs to be a change in tax rates to meet budgetary ambitions. For example, if there is negative effect between the oil revenues and taxation in a period where oil prices are low, a country may be inclined to increase tax rates. Literature Review Drawing from different academic resources, there is an underlying consensus that large oil producing countries have lower incentives to implement taxes. In Taxation, Revenue Allocation AND Fiscal Federalism in Nigeria:...
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