CHAPTER THREE JOURNAL QUESTIONS:
1. WHAT IS THE DIFFERENCE BETWEEN A UNITARY AND A FEDERAL SYSTEM OF GOVERNMENT?
The primary difference in these two models is their lines of power. In a unitary form of government, the central government has power over the state government, who in turn (and in a limited sense), then has power over the governed citizen. Here, the line of power follows a linear tier. Differing from this is a federal system of power, wherein central and state government share power, and each draw lines to the governed. Here lines of government follow lines of equal or similar powers wherein they disseminate.
2. WHAT IS THE DIFFERENCE BETWEEN DUAL AND COOPERATIVE FEDERALISM?
Dual federalism is considered that system
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There is extreme significance in this decision as it, as many other supreme court decisions would, lay out the framework for how language in the constitution may, or may not be used.
7. IN AN EFFORT TO ALLOW MORE CITIZENS TO BE A PART OF THE POLICY-MAKING PROCESS, SOME STATES ALLOW FOR INITIATIVE, REFERENDUM, AND RECALL. WHAT IS THE DIFFERENCE BETWEEN INITIATIVE AND REFERENDUM?
Initiative as the name implies, is when voters may initiate policy via petition to eventually appear on the ballot in an election. On the other hand referendum, is when voters are allowed to reject a given policy, as long as that policy is one subject to referendum.
8. ARTICLE IV OF THE CONSTITUTION DEALS WITH RELATIONSHIPS BETWEEN STATES AND THE FEDERAL GOVERNMENT. ACCORDING TO ARTICLE IV, LIST ONE FEDERAL GUARANTEE TO THE STATES.
One guarantee of the Federal government to state governments is protection against invasion
9. WHILE MAKING A TRAFFIC STOP, AN ALABAMA POLICE OFFICER DISCOVERS A FUGITIVE WANTED FOR ROBBERY IN ARIZONA. DOES ALABAMA HAVE TO RETURN THE FUGITIVE TO ARIZONA? WHY? WHERE IN THE CONSTITUTION DID YOU FIND YOUR ANSWER?
Yes, in such a scenario the state is required to return the fugitive to Arizona by reason of article IV secontion II which reads that in such a scenario a fugitive “…be removed to the State having Jurisdiction over the Crime.”
10. ALABAMA’S LEGAL SYSTEM IS OVERWORKED. DOES THE ALABAMA LEGISLATURE HAVE THE
When writing The Articles of Confederation in 1777, our Founding Fathers made the Federal Government one where the powers between the State and National level were completely separate. They chose this because they were in fear of a strong, central government. Separation of Powers and the Checks and Balancing System were all put into work because of this. The National Government’s responsibility was directed toward national defense, foreign policy, and regulating commerce while the State Governments’ were in charge of local issues and crime. This form of government that lasted until roughly 1945, the time of World War II, was called Dual Federalism. Many historians and scholars nickname it the “Layered Cake Model” because the Chocolate Layer (National Government) and the Vanilla Layer (State Governments) never intertwined. They
What are the differences between dual federalism and cooperative federalism? Be sure to fully address what federalism is and why it was created. 1000 words.
In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the
Federalism is a government system where both the national and state governments share power inside the exact political system. The national government has express powers and implied powers. For example, the national government can make laws. The state governments have reserved powers. For instance, they can carry out the great majority of public services, and are responsible for certain health duties. There are two models of federalism: dual federalism and cooperative federalism. Dual federalism involves national and state governments that are independently run with each government level having its own powers. On the other hand, cooperative federalism deals with national and state governments that both take part in some tasks that used to
Federalism in the concept of having a stronger national government over the states. An example of Federalism is the program “ Race to the top” which was initiated during Obama's presidential term. This program's goal was to create competition between states to have higher test scores as initiative for more federal funding. Education concerns are usually left within the state powers.This caused some conflict among citizens who believed that it was in the states jurisdiction. Dual federalism is credited to “in which state and national government had relatively clear responsibilities. The state wielded at least as much authority as the federal government's” (96). It can be described as a clean cut layer cake. Each branch ( national,state and local)
Arizona was of course the Miranda Rights that a peace officer is supposed to tell you when they say they arrested the following “1)You have the right to remain silent. 2)Anything you say can and will be used against you in a court of law. 3)You have the right to speak to an attorney, and to have an attorney present during any questioning.” It is basically is what it states that the officer tells you your rights so you can’t say you didn't know your rights and do the whole thing Miranda did.Morrow, Stephanie. "Know Your Rights: What Are Miranda Rights?"Legalzoom.com. N.p., May 2010. Web. 28 Oct. 2014. If I was on the Supreme Court and Miranda came, saying he did not know his rights, so his confession of him rapping and kidnapping a woman is not valid ,i would get down from my chair going up to his face and say you must be one dumb person if you think ima let you get away with this sick and vile crime you have committed.However, if i were to do it the legal way I would do everything in my power to help him get a fair trial where he knows his rights perfectly clear and do my best to get him life in prison without the chance of parole. I would do that because he knew what he was doing was breaking the law and just plain wrong, so i don’t see why he would get off a crime like that because he didn't know his
The Fugitive Slave Law or Fugitive Slave Act of 1850 was a law passed by the United States Congress on September 18th. This Law stated that all people who had escaped from slavery must be returned to their owners. Keep in mind that in this situation slaves were traded and bought, sort of thought of back then what farm equipment is now. If people in the North, Where Slavery was not legal, hid or in some way helped slaves, they were breaking the law of the land. Law officials everywhere now had a duty to arrest anyone that was suspected of being a runaway slave, with very little evidence needed except the owners testimony of ownership. The suspected slave could not ask for a jury trial or testify on his or her own behalf.
The federal government began to gain power, and in Article I section 8 says, “The Congress shall have power to lay and collect taxes, duties, imports, and excises, to pay the debts and provide the common defense and general welfare of the United States; but all duties, imports and excises shall be uniform through the United States; to borrow money on the credit of the United Staes; to regulate commerce with foreign nation, and among the several states, and with the Indians Tribes… to establish post offices and post roads .” The following quote describes how the national government has different kinds of power compared to federal government. Article IV section 1 says, “full faith and credit shall be given in each states to the public acts, records, and judicial proceeding of every other state. And the Congress may general laws prescribe the manner in which such acts, records, and proceedings shall be proved… ” In simpler words, the state government has to follow laws just like a ordinary
The Fugitive Slave Act was part of the Compromise of 1850. This act required that authorities in the North had to assist
3b. Which amendment states that the powers not specifically delegated to the federal government are reserved to the states?
As a part of the compromise of 1950, Congress also passed the Fugitive Law which required U.S Marshals, deputies, and ordinary citizens to help return slaves to their owners. Although fugitive laws were very strict, slaves still escaped the oppressive institution of slavery.
As the Due Process Clause of the 14th Amendment became the source of various other rights that were inherent to our system of freedoms and liberties, it also became the channel through which the amendments in the Bill of Rights became applicable to the states as well. The landmark case of Mapp V. Ohio is very important, because it set a legal precedent in the courts that held up Mapp’s rights guaranteed to her by the Constitution. This paper will examine the details of this case and trace the historical extension of the federal government's power over the states using the 14th Amendment and the Bill of Rights.
In response to slaves running north for freedom, the US Congress passed the Fugitive Slave Act of 1850, an extension of the Fugitive Slave Act of 1793, which granted owners the right to recapture their slaves and place them back in slavery. This was a controversial issue because slave owners could hire a bounty hunter to capture slaves, or in most instances, capture a free African
Federalism was incorporated in the constitution for many different reasons. One of the main reasons federalism was added was to prevent the new form of government in the United States after the Articles of Confederation of abusing its powers. Under federalism, state governments and the national governments would have specific limit, and rights. Some of the limits and rights on the national government were the right of habeus corpus, and control of interstate commerce. States could not tax imports and exports, could not impair obligation of contracts. Federalism was created to ensure both separate governments certain privileges. The Framers of the Constitution believed that the competition between both of the governments would create an effective limitation on each governments power.
government on all sides of the Constitution that is bounded by law, giving the local and state