Federalism, President, And Supreme Court

When the government first achieved independence from England there were thirteen individual governments. They had an agreement called the Articles of Confederation that specified how each would interact with the others and manage the states. Despite the ratification by every state the agreement soon became problematic. What ensued was the meeting of state delegates, known as the Constitutional Convention, who planned to revise the problems. As a result the U.S. Constitution was fashioned to take its place. The idea was to ultimately federalize the States. That means each State remains an individual government but also agrees to be part of a Union. Thus created a federal government that would handle those things that are best controlled by a central government, which acts on behalf of the many States. An example would be the Navy and Army. The Federal Government has the right to raise and maintain a full time standing military. The Federal government is not limited to just the enumerated powers granted to Congress. It was also arranged that the national government would have powers not specifically stated in the Constitution, called implied powers. Although popular

Federalism has played a large role in our government since the time that the Constitution was ratified. It originally gave the majority of the power to the states. As time went on, the national government gained more and more power. It used the "necessary and proper" clause of the Constitution to validate its acts, and the Supreme Court made decisions that strengthened the national government creating a more unified United States. Finally, the recent course of federalism has been to give powers back to the states.

Federalism was the first guard against tyranny. The central government and states both had their own powers but also shared a few. They had trading, conducting foreign relations, declaring war, making immigration laws etc. Local state governments got elections, establishing schools, passing marriage and divorce laws, and regulating in-state business. “The different governments will control each other and at the same time it will be controlled by itself,” said James Madison in the federalist paper #51.

The ongoing argument between state government and federal government’s hold on power has been in existence since before the founding of America. If state government and the federal government did not have the correct balance of power it could cause uneasy relations which in turn would be a negative outcome for the nation. This is why federalism in our government is so important. Federalism is when a government's power is divided amongst central and lower levels of government. Throughout the history of the United States, there has been different variations of Federalism. From the founding of America until nineteen thirty-seven there was a form a federalism called dual-federalism which has also been called divided sovereignty in which power was divided between the federal and state governments in clearly defined terms. After the new deal was created, The United States went to cooperative federalism in which national, state, and local governments worked cooperatively, until around the nineteen-sixties. For a short period of time had regulated federalism where congress would impose legislation on the states and local governments requiring them to meet national standards. This then led to what we know now, New Federalism where the federal government transfers certain powers back to the states. New Federalism has been around since the nineteen-seventies.

The Federalists Papers were written in the eighteenth century by James Madison, Alexander Hamilton and John Jay in an effort to persuade New Yorkers to ratify the new U.S. Constitution. These papers are said to be the key that unlocks the true interpretation and meaning of the Unites Sates Constitution. One of the controversial topics relating to the Constitution that the Federalists Papers help to straighten out, is the practice of judicial review by the Supreme Court. In this essay, I will point out many of the examples Alexander Hamilton gives in Federalist No. 78 that support the idea of the Supreme Court having power of judicial review over all levels of

Federalism is the division of powers between state and national governments. Federalism gave lower levels of government power that they did not have. The purpose of federalism is to give the people a sense of power, and essentially more liberty. However, it also allows a balance of power by giving states the rights to make their own laws, all while still recognizing the national government as superior.

Any nationwide endeavor across the world over is always faced with a myriad of challenges when one factor in, the interest of different individuals or groups. During the early years of the USA, there were many problems that politicians at the time faced when trying to create and strengthen the country’s Constitution. In the early 1780’s the young country was in a deep depression, and this played a key role in influencing the exercise as it ultimately led to a heated debate about the powers of the National and State governments. Most of the conservative politicians at the time preferred a stronger federal government while state radicals believed that states should have more power since it was in a better position to determine what was best for their citizens (Jilson, 2009). More sticking points divided the founding fathers which threatened the stability and establishment of the USA, such as slavery and federalism.

Throughout the history of this nation, the Constitution, from the formation to the execution thereof, has set forth the precedent for the demonstration of excessive federal power that is clearly illustrated by history and modern America. Sufficient documentation to back up this premise includes primary documents such as James Madison’s Federalist No. 10, the Constitution of the United States, and other historical pieces. Ample consideration should be given to the paramount decisions of America’s elected officials in critical moments as well in the very construction of the American system of government that favors federalism.

Federalism guards against tyranny by dividing the power between central and state governments. Some powers given to the central government are to regulate trade, to declare war, and etc. Powers given to the state government are to hold elections, establish schools, and etc. Both the state and central governments check each other to make sure one doesn’t get too much power.

Federalism helped to protect against tyranny by dividing the power between two governments: states and federal. According to James Madison, Founding Father, “The different governments will each control each other, at the same time that each will be controlled by itself.” This quote, from the text Federalist Paper #51 refers to how the state and federal have individual responsibilities, but are also connected enough to keep other’s powers in check. This quote reminds the readers that the Constitution formed the separate state and federal governments to provide a double security against tyranny by splitting the power between two governments, making sure that the decisions made were the best for the citizens. Ultimately, federalism prevented tyranny by separating the power between two governments, which guarded against a possible tyranny in the

    The states feared a strong, central government which is the reason the Articles of Confederation were so weak. In order to appease the fear of the states, the Constitution divided the power between the central government and the states. This division of power is known as Federalism (Doc A). With Federalism the central and state governments can “control each other” but also “be controlled by [themselves].” This prevented one government from gaining too much power. For instance, a state cannot ignore a federal tax law because the central government has the power to enforce the law. This safeguard is important because it not only prevents the central government from gaining too much power but it also allows the states to set policies specific for their inhabitants.

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."

They decided to create the Articles of Confederation, a constitution that gave little power to the federal government and a large amount to the individual states. This created weaknesses in the U.S.A. They had found out that the Article of Confederation created a central government that was too weak to really do what was needed. The framers also chose federalism as a way from preventing tranny, and that was so not needed. They wanted to split up the power of government between the states and the central government so that neither level of government could become too powerful. They felt like splitting up power was a good way to protect people from a government tranny.

James Madison in Federalist Paper #51 writes “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.” This idea of Federalism allows the governments to be supervised by the others while having control over itself. The powers of the government are spilt between the central and state government so neither government could gain more power over the other. The powers that state governments have are more specific to the state then the powers given to the central government. For example, states were given the powers to pass marriage and divorce laws, establish schools, set up local governments among others because these issues differ largely from state to state. Hence, it would make it illogical to give the central government these types of rights because these issues vary from state to state making it an act of tyranny by the majority against the minority. (Document A)

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.