Short Essay 1: State Law And Federal Government Program

The national government has much power but not as much as has the state government on state residents (Marchant, 2003). The federal government has more control when it comes to national issues and the state when affairs of states. One of the key ways that the federal government uses to influence policy at the state and local level is the distribution of funds (Marchant, 2003). Congress authorizes millions of dollars in grants to states and establishes rules for how they should be invested well decide the level of control they have over these states federal funds.

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.

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 the division of power between the national legislature and the state legislatures. It helps maintain power over who wants to control what section each legislature or government wants to take a participation in. Some topics, such as gun control, marijuana and same sex marriage, are large debatable topics that both governments have to discuss whether or not it is helpful for the citizens in a certain state and who should have that particular power. Both the powers are important to maintain any unresolved issues. Since the government is a delegated power, it only has the powers the constitution provides for the government. The Federal Government only has three sections of sub powers from the delegated power; expressed powers,

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

To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my

The federal government and state governments have had a long history of powers struggles. The struggle goes back and forth between who has the right to make decisions and if there is a problem who should fix it. Sometimes it is better for the federal government to fix issues and during other situations it is better for the state or local governments to fix other issues. In the PBS special of the United States Constitution, Peter Sagal travels around the states documenting the various roles and impact the government has on the country as a whole and on the individual states.

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

Federalism splits the power between the state and federal government. “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement and prosperity of the State.” (Federalist Paper #45) This shows that the federalists believe that giving most power to the central government is important, but so is reserving power for the

Federalism is the term that defines the relationship of Federal government and state. Federalism is the essential relationship between state and the federal government’s .The textbook, Politics in America gives a similar definition. “A constitutional arrangement whereby power is divided between national and subnational governments” (Dye 98) .The federal and state government’s divide the powers given to them by the Constitution, so that they can’t gain control of each other, and so one doesn’t become more superior than the other one. Certain documents state the relationship they have and what makes them distinct.

States can create local authorities, conduct elections and create schools. As James Madison said, "different governments will control each other, at the same time everyone will be controlled by himself. " What James Madison is trying to say is that the central and state governments have sufficient power not to do so. control everything. The central government has sufficient authority to help some of the country's basic needs, and the state government has sufficient

Certain powers are granted to the state and central government, and certain power are shared between the two governments. Some examples of this are presented in Document A. It tells that the central government is able to, “regulate trade, conduct foreign relations,print and coin one, set up post offices, make immigration laws, and declare war.” Meanwhile, the states can, “set up local governments, hold elections, pass marriage and divorce laws, regulate in-state businesses, and establish schools.” James Madison states, “The different governments will each control each other, at the same time that each will be controlled by itself.” Federalism protects against tyranny by making sure the state nor national governments have too much power.

The United States government operates under a federalist system meaning that there are two or more governments who share the same power over one geographic region. In this case it would be the state and federal governments. The 10th amendment of the U.S. Constitution summarizes the idea of federalism, stating that “The powers not delegated to the US by the Constitution, nor prohibited by the states, are reserved to the states respectively, or to the people” (U.S. Constitution). This means that the federal government, whose jurisdiction is very limited, has jurisdiction over some thing while the state government has jurisdiction over

The conflict between state and federal boundaries have brought issues. However, the boundaries of these two powers are set in different ways. The first is through judicial precedence. Over the years different court cases have set precedence on rulings concerned with this conflict. In a court ruling of 1938 Erie Railroad Co. vs. Tompkins, the court ruled that federal courts needed to recognize that the previous decisions made by a state court as law. The Supreme Court has in occasions weakened the power of state laws, in the ruling Chisholm v. Georgia of 1973 where it upheld the power of states to sue each other. These rulings have set precedence for various arguments in court and basis for making important legal decisions. Just like in every other ruling, it will be used in future too.

depending on the federal government to control state disputes. “Federalism, as it is understood in its most basic form, creates a multilevel government that permits the national and various state