...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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...votes throughout the rest of the nation winning more than three times the amount of counties than Gore. It also suppresses the popular will through faithless electors. These are members of the House of Representatives who were chosen to vote for a party but do not vote for their state’s preferred candidate. For example, in the 2000 election, Barbara Simmons abstained voting for Al Gore to protest the lack of congressional representation in Washington DC. This led to millions of voters not being fairly represented. Secondly, the EC leads to some votes counting more than others. This is because the number of electors allocated to each state is based on each state’s representation in Congress. Every state, regardless of its population size, has 2 senators. This means that states...
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...| What is Federalism? | Professor Mechelle Smith | | David E. Thomas | 5/25/2015 | | Federalism Federalism is a term that is timeworn, but is quite important in American history due to its lineage and how it affects government-both Federal and State. American Federalism is not a static set of arrangements, frozen in time by the United States Constitution but a dynamic, ever-changing, multi-dimensional process that has economic, administrative and political aspects as well as constitutional ones (Katz, 1997). So, what is Federalism? Federalism is a system that power is distributed between the Federal Government and the States. Years ago, many new Americans were scared because they feared that the new government might turn out to be another form of a monarchy. Also, the small states were quite scared that the larger states would overrule them in this new form of government (Wilson, Dilulio, Bose, 2014). So, when the Constitution was approved, certain provisions were added to the Constitution to ensure a balance between the larger states and the smaller ones (American Government, Wilson, Dilulio, Bose, 2014). As stated earlier, the power between the Federal Government and the State Government is shared. Much of the power the Federal Government has stems directly from the Constitution. The Constitution tells the states pretty much what they can do as well. An example of what the Federal Government can do is...
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...his administration would be "left leaning" and he has a socialist principle. Duterte said that he would push for an end to the insurgency problem with communist rebels, having direct contacts with the NPA-NDF leaders such as Joma Sison. Duterte also said that he was against contractualization of laborers and would push for reforms in the income tax law which will cover more exemptions such as for those earning below P20,000 a month. The Davao chief executive also said that he would not declare martial law — unlike the "doomsday" scenario painted by his opponents. "But I tell criminals not to push me to go the extreme," Duterte warned. Duterte also specifically said that he would end the problem of illegal drugs in just three to six months into his administration. Organizers and supporters of Duterte said that it would be the first time for the tandem to lay down their platform of government. Duterte: Polls on federalism in 2 yrs DAVAO CITY—Presumptive President-elect Rodrigo Duterte projected a two-year timetable to submit to a referendum his proposal to dismantle the current presidential, unitary form of government and put in place a federal one. Duterte said he would give himself up to two years to submit the federalism proposal to a plebiscite or a referendum. “Not later than two years, we will submit the (federalism) issue for a plebiscite or a referendum,” Duterte said. He reiterated that nothing short of federalism could appease the restless Moro population, whose...
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...| What is Federalism? | | | | | | Federalism Federalism is a term that is timeworn, but is quite important in American history due to its lineage and how it affects government-both Federal and State. American Federalism is not a static set of arrangements, frozen in time by the United States Constitution but a dynamic, ever-changing, multi-dimensional process that has economic, administrative and political aspects as well as constitutional ones (Katz, 1997). So, what is Federalism? Federalism is a system that power is distributed between the Federal Government and the States. Years ago, many new Americans were scared because they feared that the new government might turn out to be another form of a monarchy. Also, the small states were quite scared that the larger states would overrule them in this new form of government (Wilson, Dilulio, Bose, 2014). So, when the Constitution was approved, certain provisions were added to the Constitution to ensure a balance between the larger states and the smaller ones (American Government, Wilson, Dilulio, Bose, 2014). As stated earlier, the power between the Federal Government and the State Government is shared. Much of the power the Federal Government has stems directly from the Constitution. The Constitution tells the states pretty much what they can do as well. An example of what the Federal Government can do is the ability to print and coin money, as well as the...
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...University of Phoenix Material Foundations of the U.S. Federal Government Worksheet Complete the chart below by identifying the three branches of government and their entities. |U.S. Constitution | |[pic] | | | | | | | |[pic] [pic] [pic] | | | | | | | | ...
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...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 the united states (1789-present) Events leading up to the US constitution * By the 18th century, two-tier system of governance had evolved – local colonial assemblies vs Parliament in Britain * Britain’s involvement in the seven years’ war cost money that they tried to recoup from the colonies * Sugar act (1764) * Stamp act (1765) * Colonists responded with...
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...The Canadian State: Institutions and Structures The Constitution is very import in the context of the canadian state however it is not without controversy. As there has been many significant changes to fundamental rights Operational Institutions Westminster Style Parliamentary Government: derives from the british parliament in Britain meaning that we have an adversarial government. This can be expressed in 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...
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...criminal laws came about. The first part will consist of one Amendment of my choosing that is related to the protection of people, their property, or criminal law itself. The second part is on the specific powers that the federal government has been granted with to make criminal laws versus those our state governments have been grant with. The third part will define, compare and contrast the four main goals of our criminal justice system. Then the last part will explain what is meant by police power and the limitations to that power. In order to understand and interpret any one of the Amendments to our Constitution, we need to know what the word amendment means. The definition of the word amendment is a correction or alteration of a manuscript, document, or record usually to improve it according to The American Heritage® Dictionary (The American Heritage® Dictionary, 2012). The Amendment this report will talk about is the Fourth Amendment. This Amendment is the search and seizure amendment. The Fourth Amendment to me means that the government cannot conduct unlawful searches and seizures of any one person and their property (Territo, Halsted, & Bromley, 2004). I think that the purpose of this Amendment is important because it protects us all from the government in invading our privacy and the police from using their power to investigate a crime without probable cause. Another thing that goes along with this is the police need a warrant in order to search and seize people...
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...all residents of the U.S. This paper will analyze the Obamacare Healthcare Policy-highlighting its core elements, health care problem solution, and the policies history. Also it will evaluate the pros and cons using different perspectives in debate. Let’s begin with the elements of Obamacare. The Patient Protection and Affordable Care Act (PPACA), also called Obamacare or the Affordable Care Act, is a United States federal statute signed into law by President Barack Obama on March 23, 2010 (ObamaCare Summary: A Summary of Obama's Health Care Reform, 2013). Since the establishment of Medicaid and Medicare of 1965, Obamacare is one of the most significant expansions from the government and administrative overhaul of the U.S healthcare system. The purpose of the Patient Protection and Affordable Care Act is to raise the rate of health coverage of Americans, to modernize the delivery of health care services, and to reduce the overall costs of health care. This is to be done by restricting certain insurance company practices and providing tax credits and subsidies for individuals and businesses. Prior to the approval of the Obamacare Policy, the American health care industry was in deep calamity. Around 50 million people had no health insurance. Many people with pre-existing conditions were being disallowed from getting health insurance because there was a chance that certain companies would not profit from them. Along with that, companies were enabled to cancel their contract...
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...Revolution. One aspect of rationalism that was important in the French Revolution were rational symbols of power. However, these rational symbols of power ultimately were disfavored in revolutionary France in favor of more enduring artistic symbols of the Revolution. Although the revolutionaries also sought to regenerate French society through rational symbols of power, their use of Roman, Greek and republican art, were the most enduring symbols of a new French society because of their stronger portrayal of liberty, fraternity and equality. The rational symbols of power that the revolutionaries sought to introduce into French society included the revolutionary French Republican calendar, the revolutionary French Republican clock, and the metric system. For the reasons noted below, each of these symbols ultimately were not accepted in French society. Even though the revolutionary French Republican calendar, one of the important rational symbols, did have a strong basis in reason, it lacked public support and was not enduring because of its weak connection with the new French society. The revolutionary calendar had its basis in the important themes of the Enlightenment. Because of this rational inspiration, it consisted of twelve months each with ten-day periods called decadés and started on the first day of the Republic, September 22, 1792. The French Republican calendar emerged because the...
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...University of Phoenix Material: Week Five - Assignment Does Not Need to be Based on the Learning Team Selected State (however, specific examples need to be included to support the content) Government Comparisons Matrix: (the Reading Material: Chapters 1, 2, and 12 will help students address the key elements) Based on the readings from State and Local Government textbook, review and summarize how each issue is managed at the state, local, federal levels. Responses should be substantive with specific examples. State | Local | Federal | How these entities cooperate | General Responsibilities | - Conduct Elections- Regulate intrastate commerce - Establish republican forms of state and local government- Protect public health safety, and morals- All other powers not delegated to national government or denied by the states constitution Reference:Ann O’M. Bowman, Richard C. Kearney | - Parks and recreation services- Police and fire departments - HHHHHhhousing services- Emergency medical services- Municipal Courts- Transportation services – Buses, subways, taxi regulations, etc. - Public Works – streets, sewers, snow removal, signage, etc.Reference:http://www.whitehouse.gov/our-government/state-and-local-government | - Coin Money- Regulate interstate and foreign commerce- tax imports and exports- Make treaties- Make all laws “necessary and proper” to fulfill responsibilities - Make War- Regulate postal systemReference: Ann O’M. Bowman, Richard C. Kearney | All of these entities...
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...the wall that was separating West and East Germany was opened and the Cold War came to an end. The breakdown of the Soviet Union and the collapse of Communism that accompanied it brought about the victory of market economy and democracy in Europe. It also engendered the emergence of new states in the East and the resurgence of nationalism across the continent. Czechoslovakia disappeared in 1992 with the creation of the Czech and Slovak republics, Yugoslavia has been torn apart by ethnic conflict and Kosovo is still fighting for its independence.[1] Indeed, the map of Europe has experienced considerable transformations. Over the last decades, the European Union has grown at a rapid pace and has accelerated its enlargement process gradually eroding frontiers and challenging its citizens with new forms of loyalty. While the integration process consistently expands and deepens, so does the need for more democracy which some perceived of suffering from a deficit in the Union. Since 1989, the revival of regional identity has strongly been felt and regionalist and micro-nationalist movements have gained in political strength, representation and size; they have achieved a certain notoriety. Across the community, those movements question the nature of the nation-state, which they often view as obsolete, and present challenges both to the larger state they are part of and to the European Union. To answer the question of whether contemporary regionalist and micro-nationalist...
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...CONSUMER SCIENCE Family and consumer sciences are an important academic discipline that students in most of North America take as a humanity subject (Brotherson & Duncan, 2004). The aim of this paper is to identify the policies and legislation on families in the United States and consumer science and examples will be used to illustrate these clearly. Federal and State laws on Families The United States Supreme Court has long made a pronouncement that the family law belongs to the individual states within the nation’s federalist system. Even if the federal government has as well undertaken regulation of issues that affect families, initially in a sporadic manner and then in a more consistent manner, the Court has made an affirmation of the primary role of the state in defining family. A large number of commentators show of appreciation of this authority allocation, presenting an argument that that it plays an important role in promoting family pluralism by showing to honor to local values and choices. However, others point out that federalism creates “equality by design” (Laura, 2014, p. 1835). Therefore, a large number of commentators present an argument that deference to states play a role of insulating courts and federal agencies from the disorderliness of family life, thus demeaning the family relationships’ significance, devaluating children and women, and improperly emphasizing the divide between the private and public spheres. The critics also point out that the...
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...Canada Global Cultural José A. Rivera Osorio GRST 500 Research Paper Prof. Jared Mink April 8, 2014 Abstract Canada is the second largest country in the globe with population of over 32 million, the largest and most important industry Canada has is oil and logging. For businesses who want to expand towards Canada they are eight dimensions of business culture that will be detail in this analysis, and how NAFTA was formed. The agreements between U.S. and Canada with provisions that will benefit both countries, Canada also has bilateral agreements in trade with European Union and Asia, however we will only analyze U.S.-Canada cultures in business. Canada’s History The first inhabitants of Canada were native’s Indian people, primarily the Inuit “Eskimos. The Norse explorer Leif Eriksson reaches the shores of Canada at Nova Scotia in the year 1000, but the country actually begun 1497 with the introduction of the white man, John Cabot Italian at the service of King Henry VII of England reaches Nova Scotia. Canada was lost to the English in the year 1534 by Jacques Cartier which was the settlement of New France 1604, but was then was Nova Scotia in 1608. Quebec was founded, France’s colonization were not successful and ended at the end of 17th century. They penetrated beyond the Great Lakes to the western prairies and south along the Mississippi to the Gulf of Mexico. The English Hudson’s Bay Company in 1670 establishes themselves because of the abundance of fisheries...
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