...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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...Have you ever questioned the president about being a tyrant? On May 1787 in Philadelphia, 55 delegates came together at a convention and started the first draft of the new Constitution. How will the Constitution protect one person or group from getting too much power? Tyranny means when one person or group has too much power and they don’t use it well. The Constitution guarded against tyranny in four ways; federalism, checks and balances, separation of powers, and small vs big states. Federalism guards against tyranny by distributing the power between the two governments. Federalism has given separate states power over the federal government. The state's government and federal government also share powers such as they can borrow money or...
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...Results d) Shays Rebellion IV) Constitution a) 4 key debates B) Specific terms of the articles (about the national govt.) • Unicameral legislature • No power to tax • No power to raise army • No executive branch (could make laws but not enforce them) • No judicial branch • Unanimous vote needed to change Articles C) General results of the Articles • Weak and incomplete national govt. • Economic chaos o States fund the war by borrowing money from federal govt. o Govt. wants the money back o Economy dries up and leads to a “trade war” with competing interest o States taxes their own citizens since they can’t borrow money o People (mostly farmers) lose their possessions and property 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...
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...What is tyranny? The constitution was written in 1787 in Philadelphia to guard against tyranny. How was tyranny guarded by the constitution? Tyranny is when one person rules over a country with all the power and all the say. The constitution combines federalism, Separation of Powers, Checks and Balances, and Balancing Power between the Large and Small States to help guard against tyranny. The first guard against tyranny was federalism which means the power was split up and not all in one person's hands.In the constitution it states “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will each control each other, at the same time that each will be controlled by itself.” In the United States, the U.S. Constitution gives certain powers to the federal government, other powers to the state governments, and yet other powers to both. Federalism protects against tyranny because if the powers were not split we would be living under a tyranny....
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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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...What Is Federalism? POL110 Federalism defines a concept contrary to the federal government that takes all the authority of control. Federalism implies division of command among the levels of government. The central government does not take full control of the relationships of the nation but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson/Diiulio/Bose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States as an integrated nation brought changes to the system. Federal government evolved following the creation and implementation of the United States Constitution. The state governments were not abolished with the conference that states will partially lose their sovereignty or independence. (Wilson/Diiulio/Bose,2014) American Federalism ever since then has been observed constitutionally conceding the national and state governments to apply their exclusive powers but also mandatory to share in other powers. For example, the power to print money, declare...
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...1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today Top of Form | | Bottom of Form 2. Examine three to five (3-5) factors that have allowed the concept of federalism to shape American political behavior 3. Discuss at least two (2) factors that illustrate how the relationship between the states and the U.S. federal government influences the creation of American policies overall 1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today. Federalism defines a concept contrary to the federal government that takes all the authority of control. Federalism implies division of command among the levels of government. The central government does not take full control of the relationships of the nation but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson, Diiulio andBose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States...
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...The Texas Constitution 1 Why the Texas Constitution Matters • The Texas Constitution is the legal 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...
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...They knew they had to find a balance between Britain, which gave no power to the people, and the Articles of Confederation, which gave too much power to the people. Many principles of the Constitution were included because of negative past experiences with Britain and the Articles of Confederation. For example, the policy of Federalism was incorporated into the Constitution to balance the power between the central government and the states; Judicial Review was added to accommodate changing times as the Articles hadn’t allowed; The Bill of Rights was included to protect and ensure basic rights as Britain hadn’t....
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...Court History and Purpose Paper A court in general is defined as an organization or unit of the legal extension of government, approved or made by statute or constitution, and comprising of one or more legal officers, which has the power to choose cases, discussions in law, and question matters of certainty brought before it. There are three different components which include the following: To be viewed as a court, it must have legitimate lawful power, as spelled out in the constitutions or statutes, Courts are by and large found in the legal rather than authoritative and 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...
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...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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...Devolution vs federalism The definition of devolution: it does mean the process of a higher level of government granting a lower level of government the right to exercise some of its powers, but ultimately remaining superior to the lower level of government. In practice it is much the same as federalism, the main difference is that devolution allows varying levels of autonomy for the different areas (units) within the nation-state, whereas federalism usually requires each unit to have the same powers. It's not right to think that devolved states (such as the UK) are highly centralised, it was actually brought in specifically to decentralise the UK and Spain, turning them from highly unitary states to what have been dubbed 'quasi-federations'. Devolution is increasingly viewed as a modern type of federalism that allows flexibility, as opposed to the more rigid "traditional" federalism. Only 2 countries really use devolution (UK and Spain), with most federal systems using traditional federalism in one of two forms: federation (strong federal government), or confederacy (weak federal government). It is also wrong to think that devolution means the upper/central government can abolish the lower levels or force them to comply: In the UK all political parties recognise the democratic legitimacy of the devolved institutions and their right to govern within their spheres of responsibility. Each was established after the people voted in referenda to create them, and no british government...
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...Conservative and 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...
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...‘A Constitution written in the 18th Century does not work in the 21st Century’ Discuss (30 marks) America’s first form of Constitution, the Articles of Confederation, was ratified in 1781 and it can be argued that many states operated as independent countries under this. After America won its independence from Britain in 1783, it become increasingly evident that the USA needed a stronger, central government to remain stable and so the US Constitution was created and signed on 17th September 1787 in Philadelphia. This Constitution is still used today and is at the heart of American Politics but the debate lies in whether an 18th Century document is acceptable for the present day. A Constitution written in 18th Century does not work in the 21st Century because it is difficult to update and some parts make no sense in today’s society such as the Second Amendment and the Electoral College, as there have been four occasions when the candidate who got the most votes lost the election. The amendment process is too difficult, thus making is almost impossible to remove parts no longer necessary or to add parts that the majority desires. For example, the Second Amendment, in the Bill of Rights, allows US citizens the right to bear arms, which has caused much conflict as it has become increasingly evident that people are willing to abuse this right. Attempts to overturn the Second Amendment have been very much refused due to the rigid, outdated Constitution. The power of judicial...
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...he was going to stand up for his rights by defying these laws to bring forth the idea that states legislatures do not abide by the constitution and the 13th,14th, and 15th amendment in these newly developed laws to demonstrate the inequalities African Americans still faced....
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