...What is Federalism? Diana Reed POL110103 Professor Julie Waldon May 17, 2015 There are several systems of governments in the world today. Examples include Federalism, Monarchy and Democratic. Federalism is a form of command where two or more governments share authority over the same territory. In this system, the autonomy to carry out any state directive is given to State governments. In addition, there are other functions, which have to be made in relation to the regulations of the reigning regime. The constitution stipulates all the services done by central government and the roles conducted by the state government. The state authority had the mandate of controlling roads, sanitation and education duties. The Central government, on the other hand, contains its power, which includes standard defence and the supremacy clause. Federalism has undergone changes and its part of the American history. The role of national and state governments has also evolved over time. Furthermore, the federal government has been given more mandates in the 21th century. Dual federalism emerged after the Americans got their independence from British rule at the end of World War 2. The Constitution was created, and it provided for two types of government in the United States. The national government had powers to handle issues related to national security, foreign policy, and promoting commerce. State government, on the other hand, dealt with...
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...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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...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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...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 are the supreme law of the land – Necessary and proper clause: the federal government has all the...
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...Implication for Federalism The very fundamental structure of Federalism is based upon the pillars of division of power between the Centre and the States. Dr. B. R. Ambedkar most aptly weaved the concept of federalism by stating that the basic principle of federalism is that the legislative and executive authority is partitioned between the Centre and the State not by any law to be made by the Centre but by the Constitution itself. The States in our constitution are in no way dependant on the centre for their legislative authority. The Centre and the State are co-equal in this matter. It needs to be specified that “only the spirit of ‘cooperative federalism’ can preserve the fine balance between the Union and the States and promote the good of the people and not an attitude of dominance or superiority. Under our constitutional system, no single entity can proclaim superiority. Sovereignty does not lie in any one institution or any one wing of the government. The power of governance is distributed in several organs and institutions, a sine quo non for good governance.”1 However scholars like Gledhill and Jennings held that federalism in India is a cover designed to conceal its Unitarianism: “India has only a facade of federalism without the substance of federalism”.2 It is the role of the governors as the central agent that tilts the federal balance in favour of the Union, thus providing validity to these assertions. The office of the Governor plays the crucial role of ‘a hyphen...
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...Federalist built the United States for America in to what the American people experience today and their main goal was to see America governed by the people and become a model for countries around the globe. American federalism is defined by the United States Constitution as a “fundamental aspect of American government, whereby the states are not merely regional representatives of the federal government, but are granted independent power and responsibilities” (USA, Constitution). However this definition is constantly changing and took a long bumpy road to get where it is today. The United States constitution was drafted on September 17th, 1787 and ratified on June 21st, 1788. The United States became a sovereign nation on July 4th, 1776 at the signing of the Declaration of Independence, but they needed a Constitution. The Articles of Confederation were drafted on November 7th, 1777 and ratified on March 1st, 1781. This document was signed by the thirteen original colonies that made up the United States of America and served as its first constitution. After becoming sovereign nation it became clear to many that the Articles of Confederation would not be able to hold a nation together. Under the Article of Confederation there was a unicameral legislative that provided no separation of power. The central government appeared to be too weak because under the Articles of Confederation most of the power was retained by the states. Congress had no power to tax therefore, they were unable...
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...Federalism Author’s Name: Instructor’s Name: Course Details: Institutional Affiliation: Date of Submission: Federalism Federalism is an orderliness of communal influence among two or more regimes with ascendancy over the corresponding people and topographical stretch. Unitary structures of regime, by far the uttermost prevalent embodiment around the world, have only one source of puissance, the central or national regime. albeit democracy can flourish under either structure, the distinction among the two types of regimes are authentic and paramount. Great Britain, for example, has a unitary regime (Uffink, 2013). Its Parliament has conclusive ascendancy over all things that ensue within the United Kingdom. Even if it delegates dynamism over local is paramount, Parliament can require its towns or counties to do whatever it deems congruous; it can even abolish them or transmute their terminus if it opts to do so. In the United States, the position is absolutely peculiar. Laws of the national regime, stationed in Washington, D.C., bring into play to any individual who lives within the national terminus, while laws in each of the 50 states bring into play to residents of those states alone. Under the U.S. Constitution, Congress does not have the puissance to abolish a state nor can a state postulate a potency intended for the national regime alone (Kross 2012). Under American federalism, in scripture, the U. S. Constitution is the source...
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...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 Short Answer Respond to each question in 75 to 100 words. h....
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...Assess the significance of Federalism. The founding fathers had to make a compromise that would satisfy the 13 independent colonies, meanwhile providing a secure central base. This resulted in The United States government adopting federalism. Even though federalism isn’t mentioned in the constitution, the principles of federalism are mentioned in various articles. For example article 1 section 8 displays the power available to congress. It contains the ‘elastic clause’ that potentially gives the federal government so much power over the states. And the amendments provide a list of ‘can’t do’s’ for the states. For example states can’t enter into treaties with foreign powers. As the aspects of federalism is displayed in the codified constitution, signifies the importance for the US to collectively follow this system. However, Federalism is a method of government that also allows the states to maintain their sovereignty, without the fear of intervention of the central government, unless they violate or clash with the constitution. This is evident as each state has its own constitution and its own executive, legislature and judiciary all working within the limits set by the national constitution; executive; legislature and judiciary. An example of a state constitution that has relevant articles to its needs is Idaho. For instance in their constitutions article 16, section 1 the constitution talks of the need for the Idaho legislature to pass laws that protect livestock from disease...
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...power. How did the Constitution guard against tyranny? Well, James Madison wrote a new constitution to help guard against tyranny. It included federalism, separation of power, checks and balance and big states versus small states. In 1788 federalism was put into play, Federalism is where and government have and share power. The power surrendered by two distinct governments and portion along...
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...Wichita Confronts Contamination Conlan, From Cooperative to Opportunistic Federalism Case 3 February 12, 2014 This week’s case study concerns the discovery of a contamination problem in Wichita’s downtown commercial and residential area. The case discusses what steps were taken to remedy the situation that were the most efficient and cost effective. The content area addressed by this week’s readings and case are focused on intergovernmental relations. Intergovernmental relationship is important to public administration because different levels of government offices need to work together to fulfill objectives that benefit the public. It is more beneficial to everyone involved for administrations to coordinate and collaborate together to resolve problems. Federalism, in part, is the system where federal government and state governments work together to the same end. The case takes place in Wichita, Kansas, in the summer of 1990. Acting for the Environmental Protection Agency, the Kansas Department of Health and Environment reported the downtown business district was sitting on an underground polluted lake, six square miles in size and fifteen feet below the surface. The area was called the Gilbert-Mosley site because the Gilbert-Mosley intersection was near the center. The lake was full of hazardous, commercial and industrial chemicals that caused cancer and other health issues. This discovery was very problematic for the revitalization of the declining downtown...
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...The models of dual federalism, cooperative federalism, and devolution have reformed over the past two centuries. The devolution has changed the balance of power between the states and the federal government over the past two centuries. Federalism has improved and not improved over the development of American history. The boundaries and stability between the state and national government have changed. The national government has grown and is still growing in the past two centuries. Dual Federalism is characterized by the state and national governments where they work oof each other independently. Dual federalism is dealt with international trade, defence, commerce, and local matters. Another name in the book was mentioned “layer-cake federalism”...
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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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...Assignment 1: What Is Federalism? Strayer University U.S. Government – POL110 November 16, 2014 This paper will be a discussion about federalism and how it has evolved to the American political system that is currently in place today. Based on the concept of federalism, this paper will also describe how political behavior has been shaped throughout history. Lastly, it will describe how U.S. policies are influenced by the relationship between the states and the Federal government. Federalism is the division of authority between two or more governments. Many countries (roughly 25) follow this type of split government in order to provide checks and balances (aka “double security”) for the rights of the people. Federalism is very important because it prevents any one form of government from becoming too powerful. American Federalism is the division of authority between the national government and the states. The United States constitution defines the powers that each of these two governments has the right to enforce. The national government has the powers to print currency, declare war, establish military, manage international treaties, regulate national and international commerce, manage postal, and make laws to enforce the constitution. The state government has the power to establish local government, issue licenses, intrastate commerce, conduct elections, ratify amendments to the U.S. Constitution, public health/safety, exercise powers neither delegated to the national...
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...FEDERALISM | | Introduction Federalism has consistently revolved since 1789. The national and state government has shared different points of disagreement. The evolution of federalism is divided into the categories of dual, civil war, industrialization, cooperative and the current federalism. The essay will further cover the factors led to evolution and discuss how states and U.S federal government influenced the American politics. Furthermore, federalism is deemed as the power concentration on several individual states. Most of the clauses of federal government of U.S have been laid down in Tenth Amendment of 1791. Evolution and Factors involved in Federalism Federalism has consistently debated throughout the period starting from1789. The national and state government has shared different points of disagreement, but time empowered national government. Dual Federalism (1789-1946) occurred during the World War II. This era marked with two separate rules of state and the national government. The national government stressed on the defense dynamics of the politics where as states dealt with economic growth. Hence, national and state dealt matters distinctively (Romano, 2010). The Civil War (1862-1868) occurred, where by many felt that state should anticipate to dissolve the disputes. The other decisions include the issue of slavery; whether is legal or not. The states felt that the separate state government had the authority over federal government...
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