Premium Essay

Gideon V. Wainwright: Coercive Federalism In The United States

Submitted By
Words 1310
Pages 6
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 …show more content…
The national government makes the decisions and is a strong voice, and shuts out the opinions of the state government with coercive federalism. Coercive federalism has the most increased federal power over the states because it turns to the national government in time of crisis and the federal government forces the states to change their policies. For example, after President George W. Bush, the states’ power was more often than not controlled by the national government. Coercive federalism is what the states and national governments agree on when there is a shift in …show more content…
Gideon was given a trial in front of a jury and he represented himself, he was eventually convicted of stealing a small amount of money and other items from a bar in Florida. He appealed his sentence of five years and tried to appeal to the Supreme Court of the United States where he argued the 14th Amendment causes the 6th Amendment to be applicable in State courts. He was eventually awarded another trial when he hired a real attorney who was able to discredit eyewitness testimonies and he got Gideon off with just a slap on the wrist. The suit that Gideon filed against Wainwright overturned Betts v. Brady, which now allowed the 6th Amendment to be used in state cases too and not just federal. Gideon v. Wainwright, also pushed the right to an attorney to all felony cases. Gideon v. Wainwright caused a tighter enforcement of the rights citizens hold, this case allowed an attorney to be provided for all cases and just specific cases. All State courts are required to have a public defender who was trained in all aspect of the legal system, he has to be a good lawyer. The defendants also are required to have access to the defense counsel, even if they can not afford one they have to be provided with one, all people are innocent until proven

Similar Documents

Premium Essay

Pols Final Exam Review

...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 welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities...

Words: 37488 - Pages: 150

Free Essay

Test2

...62118 0/nm 1/n1 2/nm 3/nm 4/nm 5/nm 6/nm 7/nm 8/nm 9/nm 1990s 0th/pt 1st/p 1th/tc 2nd/p 2th/tc 3rd/p 3th/tc 4th/pt 5th/pt 6th/pt 7th/pt 8th/pt 9th/pt 0s/pt a A AA AAA Aachen/M aardvark/SM Aaren/M Aarhus/M Aarika/M Aaron/M AB aback abacus/SM abaft Abagael/M Abagail/M abalone/SM abandoner/M abandon/LGDRS abandonment/SM abase/LGDSR abasement/S abaser/M abashed/UY abashment/MS abash/SDLG abate/DSRLG abated/U abatement/MS abater/M abattoir/SM Abba/M Abbe/M abbé/S abbess/SM Abbey/M abbey/MS Abbie/M Abbi/M Abbot/M abbot/MS Abbott/M abbr abbrev abbreviated/UA abbreviates/A abbreviate/XDSNG abbreviating/A abbreviation/M Abbye/M Abby/M ABC/M Abdel/M abdicate/NGDSX abdication/M abdomen/SM abdominal/YS abduct/DGS abduction/SM abductor/SM Abdul/M ab/DY abeam Abelard/M Abel/M Abelson/M Abe/M Aberdeen/M Abernathy/M aberrant/YS aberrational aberration/SM abet/S abetted abetting abettor/SM Abeu/M abeyance/MS abeyant Abey/M abhorred abhorrence/MS abhorrent/Y abhorrer/M abhorring abhor/S abidance/MS abide/JGSR abider/M abiding/Y Abidjan/M Abie/M Abigael/M Abigail/M Abigale/M Abilene/M ability/IMES abjection/MS abjectness/SM abject/SGPDY abjuration/SM abjuratory abjurer/M abjure/ZGSRD ablate/VGNSDX ablation/M ablative/SY ablaze abler/E ables/E ablest able/U abloom ablution/MS Ab/M ABM/S abnegate/NGSDX abnegation/M Abner/M abnormality/SM abnormal/SY aboard ...

Words: 113589 - Pages: 455