It is the state that can decide the amount and type of authority a local government could have to operate effectively and efficiently. The state government holds all legal powers, and the amount and type of authority are varied. Some states give their localities the power to restrain themselves, but other more conservative states force them to wait for the legislators to approve so they
Federal government can rule over the laws of state governments by introducing a new policy, which would be implemented nationwide. So, it would make sense for the state government to intervene in the policies made by the local government. If the laws passed by the federal government can be implemented nationwide, regardless of the state’s views on those laws, the laws passed by the state should also be implemented state-wise, regardless of the views of local government. However, I do not believe that local control needs to be influenced by the state government. The local policies are the ones that closely represent what the people want in the local community. For example, the residents of Denton, Texas voted to ban fracking in their local community through a people-led referendum. The people were troubled with toxic fumes, bright lights, and noise due to the fracking sites right in their backyards. The ban on fracking provides what the people of Denton wanted. Local control is also necessary because people in different counties in the same state might have different opinions on the same issue. For example, people of Loving County may encourage fracking as the county is not heavily populated, fracking sites could be constructed far from residential areas, and fracking is a boost in the economy (not much in the
One reason I believe the states should have the power to do what they think is best for their states right now was because these official are in this state and know what the people want and what they need in the state. See these political offical hear what the people want unlike right now the government tries to do what is best for all the people but some of it affects other states. If the states had the power to decide then all the states would be better and more prosperous. There have been case where the federal government has bullied the states into changing their mind to what they want. Such as in Louisiana they officials wanted to change the legal; drinking age to 18 years old because it
The US Constitution defines the federal government as “The Supreme Law of the land”, known as the Supremacy Clause. Article VI, Section 2, of the U.S. Constitution states that, should the federal government exercise their rights enumerated in the Constitution, they would prevail over any conflicting state implementation of power. The clause ensures that the federal laws take precedence over state laws and ensures that state judges uphold these laws. The Supremacy Clause checks the power of the local governments by
Federalism is defined in our book as: “the relationship between the centralized national government and the individual state governments” (Berman and Murphy 92). Federalism is a very important government system that is frequently discussed and argued, even today. The topic of federalism has become a topic of argument because many people believe the federal government should have more power, and yet some other people believe the states should have most of the power. One of the ways that federalism is in our government is in our Congress, and indirectly through Congress to the difference in laws between the states. We can look at all the different speed limits in all of the individual states; they are not all the same. This is because the residents of any certain state and the representatives of that state can choose whatever they deem fit to set as limits. Another
This makes states constantly want to improve their policies in order to attract more people to their state. With a unitary government, competitive federalism could not occur. While some may argue that this could also create “a race to the bottom”, the advantage of competition between states allowing such a broad range of types of governments outweighs the potential negatives. (Bianco and Canon 2015, 90) The United States Supreme Court has also tended to support states’ rights and find that congress has generally overreached its power but only by small margins. (Bianco and Canon 2015,
The greatest disadvantage of federalism is that the roles of the federal government have been hard to define and even constrain. What will prevent the federal government from getting into state, even city affairs?
Short Essay – Policy-making in the Federal System. The U.S. government’s expansive role in public policy is caught in a swirl of conflicting cross-currents. On the one hand, popular expectations about government’s responsibility to solve problems often exceed the capacity of state and local authorities to respond effectively. On the other hand, policies developed at the national level may not sufficiently reflect the great diversity of interests across the U.S. to be effective at the local level. Moreover, the search for effective policy is further complicated by theoretical debates about the constitutional framework of federalism, e.g., what limits on national power can be derived from the 10th Amendment?
Citizens often ask, "How would you clarify the structure of municipal government in my town? None of the four models precisely depicts our government." The answer lies in home-rule adaptability. For instance, Brownsville and Harlingen in the Rio Grande Valley have a mayor and city commission structure. Various combinations of the forms discussed in the accompanying sections are permissible under
States have always been sensitive about the amount of power they have; the federal government has always had to step carefully around the demands of the states. This has been true since the beginning of the United States. But both believe that they should have the most power when it comes to certain things. Individual states have different values and as such tend to implement different laws about certain topics; such states want their state laws to reflect these individual values instead of a blanket law from the federal government. States should have less power compared to the federal government when implementing laws dealing with topics such as the legalization of marijuana, gay marriage, and abortion.
As previous mentioned the tenth amendment protects state power to govern themselves so long as that governance does not defy the Constitution. In the article, “Morality Policy and Federalism: Innovation, Diffusion and Limits” by Robyn Hollander and Haig Patapan, they discuss if federalism supports and allows for innovation and diffusion. In the journal, they discuss how the case of Gonzales v. Raich, which was a case where two women with severe illness were growing marijuana and challenged the DEA agents who had destroyed their plants in 2005 during a search, and the Supreme Court ruled in favor of the DEA agents based on the fact these women may, while it not their original intention, sell the marijuana they have grown, which could go to other
The State governments mostly have powers that can affect within their state, meaning their powers mostly affect their state. For instance, one of their powers are to regulate trade, but only within their state, again regulating trade is just making laws so that trading laws aren't unfair if they are. Furthermore, they also have the power to conduct elections (Chapter 4, The Constitution, pg. 222). To add on, they are allowed to form voting events to elect a president, like how our states had an election on who should be president and our states voted for Trump. Now our new president is Trump, States are allowed to form these events so that we do have a president. Another power that State governments have is the power to establish public school systems. In other words, they make the main layout of how public schools should work. The last power that State governments have is establishing local government
There is a separation between federal and local government when it comes to being accountable and providing solutions to urban issues due to federalism. This practice of federalism perpetuates racism and class status by making it difficult for minorities to participate in government due to their resources or lack thereof.
Federalism makes most policies lean more locally. States could tailor policy to fit their specific needs. For example, Texas has a very different social welfare system even under the supervision of the central federal system. As the state has populations, wealth, resources, etc.,
Texas might be a small-government state, but it is a proud and stubbornly independent one. With the 84th legislature imposing state will on local policies, politicians of all sorts are unhappy. Regardless, there are arguments both for and against local control, and overall, they have the public’s best interests at heart.