...V SEMESTER B.A.LL.B.(HONS.) COURSE ARTICLE SUBMISSION A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development For the academic year 2014-15 Prepared & Submitted by: Submitted To : Bharat Singh (12BAL112) Ms. Alinkrita Tripathi Acknowledgment This study is the culmination of the efforts of a number of individuals and organizations. I gratefully acknowledge the support and inspiration of which helped me to accomplish this project. I gratefully acknowledge all the sources from which this report has been enriched. Though I have taken all efforts to make the report flawless, I take responsibility for any mistake appearing inadvertently. DECLARATION I hereby declare that the project work entitled “A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development” submitted to the Institute of Law Nirma University, is a record of an original work done by me under the guidance of Ms. Alinkrita Tripathi who is the Assistant Professor in ILNU. The results embodied in this thesis have not been submitted to any other University or Institute for the any award or degree. A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development India is the largest democracy which is reason of pride for every Indian. Democracy always reflects view of majority, so now question arises what about those people who are in minority or culturally diverse but still they are...
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...Federalism What’s Important? Focus on Power/Autonomy and Money The Supremacy Clause Article VI of the Constitution: The Constitution and the laws of the U.S. are the “supreme law of the land” Federalism—Key Questions * 1. What does the “Supremacy Clause” really mean? * 2. How much “power” does Congress (or the national government, generally) have, particularly to “regulate” interstate commerce under Article I, Section 8? * What “power(s)” do states on their own still have? * 3. Which “level” of government is best-suited to handle various issues? (That is, who should do what?) * 4. Should there be “national” standards or rules in some areas? Which? Can this change? * 5. Which level of government is going to be responsible for funding the ever-growing array of programs in response to demands by the people? * “Types” of Federalism * “Cooperative” Federalism * Modern roots in New Deal Programs; * “Competitive” Federalism * Can be both a battle for scarce resources (money, primarily), but also for power/responsibility * “Coercive” Federalism * Action dictated by national government (“mandates”) McCulloch v. Maryland (see text, pp. 101—102; p. 809) * Expansion of implied powers doctrine, giving the national (federal) government more power; see Article I, Section 8 (last part) * “Power to tax is power to destroy.” States can’t take action, such as a tax, that would put the national...
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...framework within which the government works • Rights guaranteed in the Texas Constitution go beyond those of the U.S. Constitution • The length and detail of the Texas Constitution make the amendment process central to the political process 2 The Role of a State Constitution • State constitutions perform a number of important functions – Establish political institutions and explain the source of their power and authority – Delegate powers to particular institutions and individuals and define how they are to be used – Protect against the concentration of political power in one institution or individual – Define the limits of political power 3 The Role of a State Constitution: Influence of U.S. Constitution • Texas’s constitution is heavily influenced by the U.S. Constitution – Political power is derived from the people – Both constitutions feature a separation of powers • Legislative, executive, and judicial branches – A system of checks and balances limits the powers of each branch, as a way to protect against tyranny – Certain individual rights must not be violated 4 The Role of a State Constitution: How U.S. Constitution Is Different • The idea of federalism is also embodied in the constitutions of the U.S. and Texas • Important differences distinguish the two – Supremacy clause: the U.S. Constitution and federal laws are the supreme law of the land – Necessary and proper clause: the federal government has all the authority it...
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...Libertarian. Discussing the positions these groups support. What the formal process is of amending the Constitution and why it was designed this particular way. Discussing the role of the Court in the development of Federalism and the allocation of federal and state powers with in our U.S. system and how throughout the years it has changed. Political ideology is the beliefs or a philosophy pertaining to religion, social, cultural, and economic affairs by the majority of people with in a society. Liberal conservative and libertarian ideologies are examples of the political ideology. Liberals do not believe in class privileges, but rather equality and sharing resources and welcomes government intervention. Liberals support the welfare programs, government funded free health care, unemployment benefits, Maternity leave and programs of this nature. Conservatives are quite the opposite of what Liberals represent. The conservatives prefer individuals to be held personally responsible for their own wellbeing. They prefer the traditional views and values and is more comfortable with slow or moderate change. They believe the government should have limited say when it comes to regulating the economy. Libertarian beliefs are more geared toward free will, with opposing government interference in personal and economic liberties. When amending the Constitution there are two steps, a proposal and a ratification. The first way is a vote of 2/3 of the members in both houses of congress...
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...since they can’t pay taxes o Damages the economy even more since farm family is out of work • No sufficient national defense o Enemy 1 the British o French and the Spanish also potential threats o Native Indian tribes also potential threat • States are left largely on their own (13 separate states, no unity) D) Shay’s Rebellion 4 Key debates 1. Representation of the states (large population vs. small population) o States might be equal but not for individuals o Creates a Bicameral Legislation (2 houses) 1. Senate 2. House of reps (representation based on population) which is known as “the great compromise” o Defensive compromise; better at not getting stuff done than getting stuff done. 2. Slavery (north vs. south) • In the constitution, Slavery is OK • Importation of slaves is allowed for at least 20 years (1808) • Slaves counted as 3/5 of a person for state population – representation bonus for the south • Slaves counted as 3/5 of a person for state population – for taxes • Return of escaped slaves *South wins on the issue of slavery 3. Chief Executive (single vs. multiple)...
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...Week 1 * Do you trust the government to do the right things most of the time? It’s all really based on you opinion * a 2000 study of undergraduates showed that 64% did not trust the government Why do we care if people are turning out to vote? * Voter turnout is a sign of political efficacy as well as engagement * People who are engaged are more informed, more likely to communicate with their representatives, more likely to advocate for their interests, and hold public officials accountable for their actions. Political culture * The people’s collective beliefs and attitudes about government and political processes * What is it that binds us together as Americans? * Our political ideologies * Our political values – liberty, capitalism, equality, consent of the governed, individualism Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of...
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...western provinces in the federal government by representation. This essay will examine the causes of western alienation in Canada by examining 3 main causes: Inter-state federalism, the senate and the importance of Quebec emerging in late 1900's. Governments in Canada have developed relations between themselves, involving government and legislation. Inter government relations resemble international diplomacy( meetings with prime minister, provincial premiers, staff and flags). Conducted by government and politicians who have to be sure of the fact that what they do in inter government relations is public and people are watching them. Proponents of the western alienation may suggest that complaints in western Canada most often have to do with matters falling within the jurisdiction of the federal government, such as trade policy, tariffs, equalization procedures, and various aspects of fiscal arrangements pertaining to federal social program investment and expenditure. The West wants fair rules and regulations regarding these matters of federal concern. Thus, this desire should not be correlated with the demand for more provincial powers or jurisdiction. The most popular form of representation in the house of commons is the senate, in Canada the senate is appointed by the Prime Minister. Although the senate in Canada does not represent any provinces, central Canada(Ontario,Quebec) has always been the main priority for the federal government because these provinces account for...
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...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
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....... 3 2.2 Evidence........................................................................................................................................... 3 3 FACTORS INFLUENCING THE PERFORMANCE OF DECENTRALIZED SERVICE PROVISION...................................................................................5 3.1 The Political Framework................................................................................................................ 5 3.1.a Constitution and Legal Framework......................................................................................... 5 3.1.b Political and Electoral Systems ............................................................................................... 6 3.1.c Unitary vs. Federal...
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...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...
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...The (un)Official United States History Cram Packet This is not intended as a substitute for regular study ……. But it is a powerful tool for review. 1494: Treaty of Tordesillas – divides world between Portugal and Spain 1497: John Cabot lands in North America. 1513: Ponce de Leon claims Florida for Spain. 1524: Verrazano explores North American Coast. 1539-1542: Hernando de Soto explores the Mississippi River Valley. 1540-1542: Coronado explores what will be the Southwestern United States. 1565: Spanish found the city of St. Augustine in Florida. 1579: Sir Francis Drake explores the coast of California. 1584 – 1587: Roanoke – the lost colony 1607: British establish Jamestown Colony – bad land, malaria, rich men, no gold - Headright System – land for population – people spread out 1608: French establish colony at Quebec. 1609: United Provinces establish claims in North America. 1614: Tobacco cultivation introduced in Virginia. – by Rolfe 1619: First African slaves brought to British America. 15. Virginia begins representative assembly – House of Burgesses 1620: Plymouth Colony is founded. - Mayflower Compact signed – agreed rule by majority • 1624 – New York founded by Dutch 1629: Mass. Bay founded – “City Upon a Hill” - Gov. Winthrop - Bi-cameral legislature, schools 1630: The Puritan Migration 1632: Maryland – for profit – proprietorship 1634 – Roger Williams banished from Mass. Bay Colony 1635:...
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...Journal of Economic Literature 2011, 49:4, 1076–1151 http:www.aeaweb.org/articles.php?doi=10.1257/jel.49.4.1076 The Fundamental Institutions of China’s Reforms and Development Chenggang Xu* China’s economic reforms have resulted in spectacular growth and poverty reduction. However, China’s institutions look ill-suited to achieve such a result, and they indeed suffer from serious shortcomings. To solve the “China puzzle,” this paper analyzes China’s institution—a regionally decentralized authoritarian system. The central government has control over personnel, whereas subnational governments run the bulk of the economy; and they initiate, negotiate, implement, divert, and resist reforms, policies, rules, and laws. China’s reform trajectories have been shaped by regional decentralization. Spectacular performance on the one hand and grave problems on the other hand are all determined by this governance structure. ( JEL O17, O18, O43, P21, P25, P26) 1. Introduction hinese economic reforms, which have been in flux for three decades, have more than doubled China’s economic growth, from an average of 4.4 percent annually before 1978 to an average of 9.5 percent after 1978. * University of Hong Kong and WCU–SNU. The first draft of this paper was written at Hong Kong University of Science and Technology (HKUST) when I was visiting there. The hospitality and generous support of HKUST are greatly appreciated. Comments from participants in conferences and seminars at the China...
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...Understand the evolution of the concept of public administration and its importance Understand the role of government Understand the role and core functions of public manager Understand the structure of government /organizations Create understanding about the skills required by the public manager in imparting duties Understand the changing role of government and role of public managers. Importance of Course: The course on public administration/management is important as every citizen must understand the functioning of government. Besides, whether one works in private or public organization, or one is doing ones own business or whatever the profession, this course is useful as it helps understand organizations and their functioning. It also helps us understand the environment in which we are working. Introduction: definitions, concepts & setting At the end of lecture the students should be able to understanding: • The meaning of PA • The practice of public administration (PA) • Public administration as a subject of study • Definition of Public administration • Public administration, democracy and rights of citizens The Meaning The word ‘administration’ has been derived from Latin words ‘ad’ = to and ‘ministiare’ = serve and ‘Public’ =people or citizens Thus the word administration means to execute the policy of government to serve public. Management is also defined as Cooperative human endeavour to achieve given goals. Traditionally management is also defined as Management = POSDCORB...
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...I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without the prior written consent of the author. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. 2 Abstract This dissertation analyses the problem of how to create more just and democratic global governing institutions, exploring the approach of a more formal system of collective decision-making by the three main actors in global society: governments, civil society and the business sector. The thesis seeks to make a contribution by presenting for discussion an addition to the system of international governance that is morally justified and potentially practicable, referred to as ‘Collective Management’. The thesis focuses on the role of civil society, analysing arguments for and against a role for civil society that goes beyond ‘soft power’ to inclusion as voting members in inter-governmental decision-making structures in the United Nations (UN) system, the Bretton Woods institutions, the World Trade Organisation...
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...Principles of Measurement Mosso member of the FASB FASB’s Conceptual Framework project over the period 1973-1985 Define measurement Measurement is the assignment of numerals and other symbols to represent the magnitude of an attribute of a phenomenon Phenomenon A thing or event of interest E.g. a table, a performance, an exam Attribute A characteristic or quality of the phenomenon to be measured Magnitude The extent to which the phenomenon has the attribute Often we can’t directly observe a phenomenon of interest We need to find a substitute Direct observation- the only time we can accurately observe the attribute and phenomenon How happy is the baby? Phenomenon-baby Attribute-happiness Can you measure this attribute directly? NO Smiles per hour Laughter per day Financial Statements: When investors focus on a company’s net income, is net income necessarily the investors’ attribute of interest Firm performance Firm future performance What two things do accounting measures often represent Performance- what have we done? Position- what do we have? Business Strategy and Accounting USSBA Too many teams to manage What is strategy according to Porter? Strategy is creating a fit among an organization’s activities (to enable it to realize its goal or mission). The success of a strategy depends on doing many things well and integrating among them Operational Effectiveness versus Strategic Positioning Operational effectiveness Performing similar activities...
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