What Is Federalism

The Judicial Branch is the balancing factor of the Government. It is the listener of the people of the US and it decides on all matters regarding the people. It "interprets the nation's law" (World Book 141). Being able to interpret the law gives the Judicial branch a special kind of power. One of which the Executive Branch and the Legislative Branch do not possess. The Judicial branch decides when a law has been broken, to what extent, and how to punish the criminal act. And that is what makes it the strongest branch.

In conclusion, state law and federal law are very similar as, they are each meant to dictate a measure of safety for the citizens of the United States of America. According to the United States Constitution federal law, which is dictated, allows the federal government the power to make laws for the people and for the country as a whole. State laws are meant to allow each state to be allowed to govern them and handle the issues within their states. This power was given to them from the Bill of Rights that was also outlined in the Constitution (FindLaw, 2012).

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

Generally speaking, State constitutions perform different functions (generally limit plenary powers rather than grant enumerated powers), have different origins (from the people

The United States government system is very interesting and complexly designed. The state and federal government is a mirror of each other when it comes to the generics of the executive branch, legislative branch, and judicial branch, however, internally the state government has major differences on how the branches are conducted. Throughout this paper we will discuss the greatest difference between state and federal, which is the state cannot change or remove laws passed by the federal government but they could change how they execute the federal laws to their liking as long as it is constitutional.

Lastly we move to federal government this is one in which the powers of government is divided between a central government and several local governments. There is a authority superior to both the central and local governments which makes this division of powers on a geographic basis; That division cannot be changed by either the local or national level acting alone. Both levels of government act directly on the people through their own sets of laws, the officials, and agencies. In the United States, for example the National Government has certain powers and the 50 states have others. This division of powers is set out in the Constitution of the United States.

The division of power between states and the national government is called federalism. This government provides double security by having the governments check each other's power to avoid one person or group gaining too much power, thus tyranny occurs. Federalism guards against tyranny by having people rule different things and sections so no man or woman accumulates too much power.

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 is power divided between central and state government. The state governments can establish schools. The central government can declare war. The state government powers are local and the central government have nationwide powers (Federalism venn diagram). It provides double security by giving both the government and states the same/equal important power, Federalism guards against tyranny because it ensures that two levels share, one can’t accumulate.

States must deal with each other and the national government and the Constitution outlines the obligations for each state for the other

Under the Articles of Confederation, all states are sovereign. Under the articles, a federal court system does not exist nor did independent executives. All laws set for the citizens of America are enforced and set by the state. Congress is composed of one body and is delegated specific authorities. The Articles state that congress is not allowed to participate in state or foreign commerce, nor are they allowed to tax citizens. In the case of having documents or laws amended, each state is allowed one vote. If a unanimous decision cannot be made, then the document or law could not be amended (Maier, 2010; Wood, 1998 .)

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

Most state governments are modeled after the three branch system of government like the federal government, although it is not required by law to follow suit. Each state has their Constitution as well as having powers not giving to the federal government. (whitehouse.gov) States have an

STATE VS FEDERAL CONSTITUTIONS: It should first be noted that state constitutions contain the supreme laws of each state, mostly by detailing the limitations of authority and specific protections for maintaining individual liberty. The US constitution does this too for the federal government and provides the fundamental Bill of Rights that identifies national liberty protections. Many states model their protections on these rights but some add other levels of security. In general, states put a greater emphasis on their legislative branches (where the elected representatives have input) than on the executive branch, though clearly some governors are as visible as is the President of the United States who conducts the daily administrative activities of the federal government.

“The distribution of powers is an essential feature of Federalism. The object for which a federal State is formed involves a division of authority between the Central Government and the State Government. The tendency of federalism is to limit on every side the action of the Government and to split up the strength of the State among co – ordinate and independent authorities are especially noticeable”. A Federal Constitution establishes a dual polity with the Union at the Center and the States at the periphery, each endowed with sovereign powers to be exercised in the field assigned to them