...This essay will discuss the steps that must be taken to make amendments to the United States Constitution, the reasons the ten amendments that make up the Bill of Rights were successfully added to the United States Constitution and why the Equal Rights Amendment was not added. This essay will also discuss what ideology is and the differences between liberalism and conservatism and will lastly outline the differences between Dual Federalism and Cooperative Federalism. Let’s first discuss what steps must be taken to amend the United States Constitution. In order to amend the United States Constitution the amendments may be proposed by the United States Congress or by a national convention assembled at the request of the legislatures of at least two-thirds of the several states (Bardes, Shelley, and Schmidt, 2012, pg. 53). Another method that can be used to make amendments to the United States Constitution is ratification, although this method in the past has rarely been used, but it can occur by two methods either by obtaining a positive vote of at least three-fourths of the legislatures of several states or by having special conventions called in the states and obtaining a positive vote in three-fourths of them (Bardes, Shelley, and Schmidt, 2012, pg. 53). Congress has considered more than eleven thousand amendments to the Constitution, but only thirty-three amendments were submitted to the states after having been approved by the required two-thirds vote, the Equal Rights Amendment...
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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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...How has federalism evolved? Federalism is defined as state and federal governments sharing power meaning that the exercise of power is by at least two levels of government within the same country. In the case of the United States of America, power is shared between the national government and the subsidiary government. Federalism has been constantly changing especially through the twentieth century until the present day with power shifting between state and the national government. Such free-flowing shifts of power is often critically debated as some states may resist national policy that does not affect their citizens favourably. For example, people living in mountainous and extremely rural areas often blame the federal government for their economic woes as national economic policy is not flexible enough to cater for the great diversity across the country and so would prefer for more power to lie with the state. The argument against more state power however is the case of ensuring civil rights for all, as in the 1960s the national government introduced civil rights for blacks which was heavily resisted by the Southern states. A positive feature of federalism is that constant shifts allows more pragmatic policy making. If proposers of a policy feel it will not be accepted at state level it will be decided at a national level and similarly the opposers of a policy may prefer using state veto to prevent it being passed. This explains why throughout the twentieth century, federalism...
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...Role of Federalism In most instances, there are two views of federalism, Dual, and Cooperative Federalism. The history of American federalism is full of attempts to capture its true meaning in an adjective or metaphor. Scholars have generated many ways to describe many presentations of federalism relationships, theories, and arguments. Under the principle of federalism, two or more governments would exercise power and authority over the same people and the same territory. Governments of the United States and the individual states would share certain powers, such as the power to tax (Cropf, R., 2008 p. 105). The history of federalism, and its practices, offers a solution to the problem of diversity in America. Without a federal form of government, citizens fear they would be ruled by majorities from different regions with different interests and values. With the backbone of federalism, we live and apply federal principles and practices with a formal constitution. This expression explains the proper relationship between the national government and the states. Federalism in a diverse nation, ensures a balance for sustaining national cohesion and to protect the regional differences. Any attempts to extinguish regional differences may prompt a revolution. Yes, states are beholding to the national government because of the grant-in-aid, legislation, and judicial interpretations handed down from Washington. In addition, it is because of federalism that states maintain...
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...Federalism Chapter Summary I. Defining Federalism (66-70) A. What Is Federalism? Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. Power is shared between units of government. Most governments in the world, like Great Britain, are unitary governments, in which all power resides in the central government. The American states are unitary governments with respect to their local governments. A confederation is a governmental structure in which the national government is weak and most power is in the hands of its components, or states. The term intergovernmental relations refers to the interactions among national, state, and local governments. B. Why Is Federalism So Important? Federalism decentralizes our politics in many ways. For example, senators are elected to represent their state, not the nation. With more levels of government, more opportunities exist for political participation. Judicial power also is enhanced by federalism. Federalism also decentralizes our policies. The history of federalism demonstrates the tension between the states and the national government over who should control policy. The overlapping powers of the two levels of government mean that most debates over policy become debates over federalism. States are responsible for most public policies dealing with social, family, and moral issues. These become national issues when brought to the national government...
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...Federalism is a system of government where power is split between a national government and multiple state governments. In the United States, the Constitution grants certain powers to the federal government and other powers to the state governments. In Cooperative Federalism all levels of government work together. They "cooperate" to try and fix problems, instead of forming separate policies. This is how the name Marble Cake Federalism was thought of. Cooperative federalism alludes to an idea in which the state governments, neighborhood governments, and the national government share obligation in the administration of the general population. They participate in working out insights concerning which level of government assumes liability for...
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... | 6. Supreme Court 6. Supreme Court 5. President 5. President 4. Congress 4. Congress | 9. Vice President 9. Vice President | House of Representatives House of Representatives 8. Senate 8. Senate | True or False 1. The Tenth Amendment limits the power of states. FALSE 2. The Constitution signed in 1787 contained the Bill of Rights. FALSE 3. The Constitution created a system of dual sovereignty, meaning the federal government has exclusive power in interstate commerce. True 4. The president and vice president are part of the legislative branch. FALSE 5. Congress can impose federal mandates, which require the state government to comply with its orders. True or False Multiple Choice 6. The concept of dual federalism D: viewed federal and state power as fixed d. The Bill of Rights is C: the first 10 amendments to the Constitution e. The legislative branch is composed of which of the following: a. The House of Representatives and Senate f. The First Amendment of the Constitution regards which of the following: D: Freedom of religion, of speech, of the press, to assemble, and to petition g. The modern-day structure of categorical federal grants-in-aid came into being D: in the mid-1960s ...
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...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 needs to carry out its powers 5 The First Texas Constitutions • Six different constitutions governed the state prior to the current constitution • Each reflects different national...
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...Federalism is a system of government where power is divided by a written constitution between a central government and a regional or sub-regional system. It can also be defined as a system where more than one level of government has power over the same groups of people and land at the same time. With this type of Federalist government, every day citizens have their needs met more efficiently, especially when compared to Unitary and Confederal systems of government. Federalism focuses on promoting equality and diversity among citizens under this form of system. Unitary systems of government are much different than that of Federalism. Under this type of system, local and sub-divisional governments only act on the powers they are given by the...
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...Jack Zalewski Period: 2 Mr. Parker 10/8/14 In the large scheme, federalism is defined as a concept in which a group of members are bound together with a governing representative head. Dual federalism is based upon democratic rules and ideas when the power is shared between the state governments and federal governments. With dual federalism, neither the state nor the government gets too much power over what the other one can do. The power of national government is only able to control what the constitution said it can control. It also needed the Supreme Court to try to limit the power of the federal government and establish clear boundaries for interstate and intrastate commerce. Also, congress is not allowed to regulate economic activity...
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...Strayer University POL110 Week 6 Assignment 1: What Is Federalism? Federalism is the type of government where there is segment of different powers between a state government and the central government. The United States is a federalist government where the states have their own individual powers and authority that they are able to exercise and the federal government has its own circle of authority that it tends to exercise. The evolution of Federalism in the United States was a gradual event that had definitions of federal government being given in federalist 46 and 28 which gave definitions of a federalist government to the United States. As stated by James Madison one of the architects of the federal kind of government, “the state and national governments are in fact but different agents and trustees of the people, constituted with different powers." The purpose of such a kind of government was to protect the rights of the people in all its earnestness. The evolution of the United States can be seen over a specific time period. Between 1970 and 1930 the form of government was known as layer cake federalism or dual federalism. There were clear powers divided between the states and the centre and there was sovereignty given in equal measure to both. Between the years 1930 and 1960 the structure was known as Cooperative federalism or marble cake federalism where the state and the central government shared functions and collaborated on issues of national importance...
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...or established by statute or constitution, and consisting of one or more judicial officers, which has authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” (Siegel, Schmalleger, & Worral, 2011). The purpose or the function of the courts can be narrowed down to four important things: 1. Courts are to uphold the law; 2. Protect individuals; 3.Resolve disputes; 4. reinforcing the social norms. However in the United States we have what is referred to as a dual court system. A dual court system can be defined as a judicial system comprising federal- and state- level judicial systems. A dual court system separates federal and state courts. According to the book a dual court system is advantageous and desirable because it is parallel to federalism. Federalism is a system of government where power is constitutionally divided between central governing body and various constituent units. In the United States, the federal government makes laws, but federalism also gives the states power to make their own laws(Siegel, Schmalleger, & Worral, 2011). Early legal codes also known as the Code of Hammurabi is known as the earliest example of formal written codes. The Early Codes were very harsh and stated basically, “eye for an eye”. Another formally codified legal principle is known as the Twelve Tables. The Twelve Tables were of Roman law, it was the...
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...official extensions of government, and Courts are enabled to settle on choices that are tying. The thought of "[deciding] upon cases, debates in law, and questioned matters of truth" is known as arbitration, or "the procedure by which a court touches base at a choice with respect to a case. The functions of the courts are upholding the law, protecting individuals, resolving disputes, and reinforcing social norms. There are many different courts on both the State and Federal level, but the one that will be discussed is the United States District Court (Frank Schmalleger, January 2010). The United States District Courts are the trial courts of the government court framework. Inside cutoff points set by Congress and the Constitution, the area courts have locale to hear almost all classes of government cases, including both common and criminal matters. There are 94 government legal areas, including no less than one region in each one express, the District of Columbia and Puerto Rico. Three regions of the United States - the Virgin Islands, Guam, and the Northern Mariana Islands - have region courts that hear government cases, including chapter 11 cases. Insolvency courts are partitioned units of the region courts. Government courts have elite locale over insolvency cases. This implies that an...
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...controversies in law, and disputed matters of fact brought before it (Siegel, Schmalleger, & Worrall, 2011).” The court system’s role in society is to decide what punishment should be assigned to individual crimes. Although some crimes have mandatory minimum sentences which are passed by the legislature, judicial officers, or judges take great care in determining what the proper sentence is when dealing with the case in front of them. In United States society there are many different types of courts with varying purposes. For example, individual counties within the several states have their own traffic court. This court determines the penalties for traffic injunctions such as speeding. Another type of court is a small claims court; the purpose of this agency is to adjudicate small matters of dispute between two individuals or groups. Dual Court System The dual court system in the United States of America is a crucial part of American society. The U.S. dual court system is one in which there is separation between the federal and state courts. This type of system serves the country well because it reinforces...
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...Assignment 1: What Is Federalism? What is federalism? Federalism is a political system where all levels government including state and national government make final decisions on at least some governmental activities. The concept of federalism is a principle the United States has been built on since the beginning of time and has also evolved with time. The beginning the style of government started off as what is called dual federalism. This version of federalism was used and implemented after the civil war, the deemed that the national government was supreme in its sphere and the states were equally supreme in theirs and these spheres should be kept separate. This Federalism style was popular from the 1790s to about 1930. As time change so does the federalism type cooperative federalism was most popular from the 1930s to 1960. In the style the federal government and state government shared functions and collaborated on major national priorities, this was during the time of the Great Depression and different style of ferderalsim was birth to create cohesiveness between the national and state governments to help the country proper. Creative federalism, also known as "picket fence federalism," became popular during the period of 1960 to 1980. This relationship was characterized by overloaded cooperation and crosscutting regulations. During this time the federal government provided aid to the states using grants, categorical grants, to block grants to revenue sharing. A categorical...
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