Dual Federalism

However, Lopez’s trouble did not stop here. Soon after, the Federal government petitioned for the Supreme Court to review the case, and they accepted. Attorneys for the United States contended that the law was an appropriate use of power under the interstate Commerce Clause. The government was obligated to show that Section 922 was a valid exercise of Congressional power under the Commerce Clause, and that this section regulated a matter that affected interstate commerce. The government’s case was made up from one principle argument. They argued that the possession of a firearm in an educational environment would most likely lead to violent crimes, which, in turn, would affect the general economic condition in one of two ways: First, because violent crime causes damagers and creates expenses, it would raise insurance costs. These insurance costs would be spread

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)

The Four Coercive acts were passed in 1774 by the British Parliament, as a direct response to the Boston Tea Party that took place in December 1773. The British Parliament was furious and forced Massachusetts to pay for the tea and to submit to imperial authority. A Port Bill closed the Boston Harbor, the Government Act prohibited many town meetings, the Quartering Act required the colonist to house, feed, and build barracks for the British troops, with no say, and the Justice Acts allowed trials for capital crimes to be transferred to other colonies or Britain. This outraged the colonist, as each law violated exactly what John Locke had stated the government shouldn’t do, it was a violation of their constitutional rights, and colonial charters.

Federalism can be said to be the defining feature of all forms of American politics. Even as a literary characteristic feature, America was the first nation to adopt federalism as a concept. Federalism is a system of government whereby political power is divided between a national government and other smaller political constituents such as states. Federalism, although not mentioned exactly in the constitution, was supposed to be a concept that addressed the errors of the confederation (Platt, 2014). It was also supposed to be the lay the groundwork for what would be the future of America. As it was expected to be, federalism has had an impact on the American politics even as far as elections are concerned. There were some key reasons that

Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, "Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes." This clause has no definite interpretation, but has included many aspects of regulating. The word "commerce" is defined as the exchange or buying and selling of commodities on a large scale involving transportation from place to place (Webster 264). Congress has exercised this delegated power in many cases. The nature and basic guidelines of Congress' power over commerce is first laid out in the case of Gibbons v. Ogden. In addition, the case United States v. Lopez is a

Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people, ensuring that one does not become too powerful and aids in the separation of powers. Liberty is a state of freedom within a society from oppressive restrictions imposed by authority on one 's way of life, behavior, or political views. Although these two political science terms are different, they correlate and interact with one another in the American Government and are still relevant to contemporary policy issues faced today. James Madison 's The Federalist No. 47 doctrine exemplifies this: "In order to form correct ideas on this important subject, it will be proper to investigate the sense in which the preservation of liberty requires that the three great departments of power should be separate and distinct."

The Commerce Clause grants Congress the power “[t]o regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Despite its silence as to the effect of that affirmative power, federal courts have recognized the Framers’ wish to create a unified national market and have found a dormant congressional authority in it. Since the landmark case of Gibbons v. Ogden (1824), that dormant authority has limited state regulations that burden interstate commerce, even in the absence of congressional regulation. Congress has the power only to restrict the scope of permissible state regulation but it does not absolutely preclude states from affecting commerce. "[T]he states retain authority under their police powers to regulate matters of 'legitimate local concern', even though interstate commerce may be affected." A challenged statute is upheld if its effect on interstate commerce is merely incidental. On the other hand, a state regulation that is facially or practically discriminatory will be defeated unless it shows a legitimate local purpose that cannot be accomplished by any less discriminatory alternatives.

Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, “Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” This clause has no definite interpretation, but has included many aspects of regulating. The word “commerce” is defined as the exchange or buying and selling of commodities on a large scale involving transportation from place to place (Webster 264). Congress has exercised this delegated power in many cases. The nature and basic guidelines of Congress’ power over commerce is first laid out in the case of

The Supreme Court has scrutinized the use of the commerce power with a skeptical eye

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

In 1995, a case went to the United States Supreme Court on the constitutionalism of an act passed by the United States Congress under the Commerce Clause. The respondent, Alfonso Lopez, Jr. had appealed his case up from his district court in San Antonio all the way to the Supreme Court. The process took almost three whole years. Lopez had been charged with violating the Gun-Free School Zones Act of 1990 that was passed by Congress through the Commerce Clause. Lopez’s lawyer argued that the Congress did not have any constitutional power through its Commerce Clause to pass the Gun-Free Schools Zones Act in 1990. The case was viewed and decided by nine Supreme Court justices. In the Supreme Court case, United States v. Lopez (1995), the Supreme Court justices held that Congress’s control over and through the Gun-Free School Zones Act of 1990 was unconstitutional. Their votes were 5 to 4. This was the first Supreme Court decision in over half a decade to limit the power of Congress.

Federalism is a system of government in which entities such as states or provinces share power with a national government (Vocabulary.com, 1). Federalism is a basic idea of the United States government. Federalism states that the states/provinces work with the national government on major issues. Federalism is a major focus point that makes our country unique. What is the history of Federalism? What is Dual, Cooperative, Regulated, and New Federalism? When did, the National Government withhold funding to the States?

In Emerson's claim that the Commerce Clause was violated, he argued that the Act did not regulate commercial activity, and was therefore an unconstitutional use of congressional power. In claiming this, Emerson looked to the Supreme Court's holding in United States v. Lopez, however, the District Court dismissed this claim, citing a Fifth Circuit Court of Appeals decision which examined the validity of 18 U.S.C. § 922 (g)(8) under a Commerce Clause challenge, in which it held that the Act was constitutional (United 3). Because of this ruling (in United States v. Pierson), the District Court

One of the greatest debates in the Constitutional Convention was the form of government. After the Articles of Confederation turned out to be a disaster for the United States, the Constitutional Convention was faced with the challenge of creating a stable government. This is where federalism was introduced. Federalism is a form of government that creates a balancing act between a strong federal and strong state government. . The introduction of federalism was extremely controversial and it created the first resemblance of political parties in the election of 1800.

Constitution reads: “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes”. This law gives Congress the power to tax, rule and makes rulings on all goods and services. In researching recent cases of how commerce power was used to justify current legislation by Congress, I reviewed the case of Gonzales v. Raich, 125 S.Ct. 2195 (2005).