Federalism And The Federal System In The United States
What is Federalism?
Shenita Peterson
POL110-U.S. Government
Dr. Robert Poydasheff
November 6, 2013
Federalism and the federal system were formed in order to be the foundation of American government. “Federalism is a political system in which ultimate authority is shared between a central government and state or regional governments”. In recent times federalism has become more competing. Obviously, federalism in the US involves the relationship between the federal government and those of the states. As recalled from history lessons, the US was formed when the thirteen original states notified the Articles of Confederation. Under the articles the US was not a nation, but rather a Confederation (or league) of friendly …show more content…
states (a modern comparison would be the European Union).
After the war, states sent delegates to a constitutional convention with designs to amend the Article to address several issues. The Articles envisioned a permanent confederation but granted to congress no way to finance itself of enforce its resolutions, among other things. Instead of amending, however the convention produced an entirely new constitution. From around 1781 through the duration of, and for a period after, we operated under the Articles of Confederation. Under this arrangement, the states retained most of the power grating only a few to the continental congress.
Even though our current constitution grants more power to the federal government than the Articles did, the states still remain more authority over what happens within their territories (at least in theory). Primarily, two provisions govern how the federal and state governments now share and divide power, “Article 1 Section 8 (which enumerates the power of Congress), and the Tenth Amendment, which states: “The powers not delegated to the United States by the Constitution, nor prohibited by It to the states are reserved to the states respectively, or to the people.”
The federal government has the power to among other things lay and collect taxes regulate commerce, establish an immigration system, and raise and army and navy.
The thought was that the federal government had a few enumerated powers that it could not exceed (absent amendment) whereas the states can do as they see fit to ensure the safety and welfare of their residents. For example, states can pass laws criminalizing a wide range of conduct such as murder, burglary, rape, robbery, etc. The federal government is limited in its authority to proscribe states are often called (by both courts and politicians) laboratories of democracy. The same basic issues exist is basically every state; how to keep people safe, how to make sure people safe, how to make sure people get needed medical care, how to improve education. While many states may approach the same issue in the same manner, other states may adopt novel approaches. For example, Massachusetts and Utah both tackles healthcare reform, Louisiana is using state money to send kids from bad schools to private schools, and other states have legalized medicinal and/or recreational marijuana. If something has a positive effect on quality of life issues, it is often adopted by money other states, and perhaps nationwide.
So, another way federalism in a concept in American political life is it permits states to experiments with remedies to various problems. With different states trying various approaches, solutions are often discovered. …show more content…
A third way federalism affects American political behaviors is it permits disagreements between the federal and state governments. For example, Obamacare included provisions that expanded Medicaid. The law threatened to pull existing Medicaid funding from states that didn’t expand the program. The case went to the Supreme Court which held that the federal government could not hold the states existing funding hostage, so states were free to refuse to expand their Medicaid programs (which many states did). Also, again through Obamacare, the federal government wanted all the states to set up health insurance exchanges.
We live in a republic, where people are elected to represent certain states and districts of states. The US is not homogenous. Different states and regions have different political beliefs. States in the south are conservative (mostly), while states in New England (and generally, the entire northeast) are fairly liberal. California is particularly liberal, just as Texas is conservative. Because senators and congress persons represent their states and districts and not the U.S. as a whole the view of the people in those states and districts affects the political behavior at the federal level.
Most people prefer the federal government handle some issues while states handle others conduct because it does not have a general police power. However, the federal government can prescribe conduct that (1) occurs on federal property, and (2) affects interstate commerce (like the trafficking of drugs).
Federalism (or how people feel about it) has had some fundamental affects on American political behavior.
For starts, the civil war is a direct result of differing menus on federalism. In fact, views on federalism (in a way) are what constitute the fundamental separation of two parties. The GOP, at its core, believes in concept of a limited federal government, with most power devolving to the states. Democrats, on the other hand, believe in a bigger more interventionist federal government. (In theory things like welfare, Medicaid, etc. should be within the province of the states and not the federal government, but democrats have used the federal government to create these
things.
So, one way in which federalism is a factor in political behavior is it foments intents divisions between people who fiercely believe in federalism, and those who don’t. Generally, people look to the federal government to for example, boost the economy, but look to state and local government to boost school performance.
Due to the Supreme Court being the highest court in the land their New Federalist role has been siding with state governments in many cases. Federalism will be characteristic of the nation, and the working progress that will continue throughout decades to come.
References
LaCroix, A.L., ACS blog (American Constitution Society)for Law and Policy
Wilson, Dllulio, Bose, (2014), American Government: Brief Version, (11th ed), Cengage Learning
Katz, E. (1997), Issues of Democracy, retrieved from www.ucs.louisiana.edu
Shenita Peterson
POL110-U.S. Government
Dr. Robert Poydasheff
November 6, 2013
Federalism and the federal system were formed in order to be the foundation of American government. “Federalism is a political system in which ultimate authority is shared between a central government and state or regional governments”. In recent times federalism has become more competing. Obviously, federalism in the US involves the relationship between the federal government and those of the states. As recalled from history lessons, the US was formed when the thirteen original states notified the Articles of Confederation. Under the articles the US was not a nation, but rather a Confederation (or league) of friendly …show more content…
states (a modern comparison would be the European Union).
After the war, states sent delegates to a constitutional convention with designs to amend the Article to address several issues. The Articles envisioned a permanent confederation but granted to congress no way to finance itself of enforce its resolutions, among other things. Instead of amending, however the convention produced an entirely new constitution. From around 1781 through the duration of, and for a period after, we operated under the Articles of Confederation. Under this arrangement, the states retained most of the power grating only a few to the continental congress.
Even though our current constitution grants more power to the federal government than the Articles did, the states still remain more authority over what happens within their territories (at least in theory). Primarily, two provisions govern how the federal and state governments now share and divide power, “Article 1 Section 8 (which enumerates the power of Congress), and the Tenth Amendment, which states: “The powers not delegated to the United States by the Constitution, nor prohibited by It to the states are reserved to the states respectively, or to the people.”
The federal government has the power to among other things lay and collect taxes regulate commerce, establish an immigration system, and raise and army and navy.
The thought was that the federal government had a few enumerated powers that it could not exceed (absent amendment) whereas the states can do as they see fit to ensure the safety and welfare of their residents. For example, states can pass laws criminalizing a wide range of conduct such as murder, burglary, rape, robbery, etc. The federal government is limited in its authority to proscribe states are often called (by both courts and politicians) laboratories of democracy. The same basic issues exist is basically every state; how to keep people safe, how to make sure people safe, how to make sure people get needed medical care, how to improve education. While many states may approach the same issue in the same manner, other states may adopt novel approaches. For example, Massachusetts and Utah both tackles healthcare reform, Louisiana is using state money to send kids from bad schools to private schools, and other states have legalized medicinal and/or recreational marijuana. If something has a positive effect on quality of life issues, it is often adopted by money other states, and perhaps nationwide.
So, another way federalism in a concept in American political life is it permits states to experiments with remedies to various problems. With different states trying various approaches, solutions are often discovered. …show more content…
A third way federalism affects American political behaviors is it permits disagreements between the federal and state governments. For example, Obamacare included provisions that expanded Medicaid. The law threatened to pull existing Medicaid funding from states that didn’t expand the program. The case went to the Supreme Court which held that the federal government could not hold the states existing funding hostage, so states were free to refuse to expand their Medicaid programs (which many states did). Also, again through Obamacare, the federal government wanted all the states to set up health insurance exchanges.
We live in a republic, where people are elected to represent certain states and districts of states. The US is not homogenous. Different states and regions have different political beliefs. States in the south are conservative (mostly), while states in New England (and generally, the entire northeast) are fairly liberal. California is particularly liberal, just as Texas is conservative. Because senators and congress persons represent their states and districts and not the U.S. as a whole the view of the people in those states and districts affects the political behavior at the federal level.
Most people prefer the federal government handle some issues while states handle others conduct because it does not have a general police power. However, the federal government can prescribe conduct that (1) occurs on federal property, and (2) affects interstate commerce (like the trafficking of drugs).
Federalism (or how people feel about it) has had some fundamental affects on American political behavior.
For starts, the civil war is a direct result of differing menus on federalism. In fact, views on federalism (in a way) are what constitute the fundamental separation of two parties. The GOP, at its core, believes in concept of a limited federal government, with most power devolving to the states. Democrats, on the other hand, believe in a bigger more interventionist federal government. (In theory things like welfare, Medicaid, etc. should be within the province of the states and not the federal government, but democrats have used the federal government to create these
things.
So, one way in which federalism is a factor in political behavior is it foments intents divisions between people who fiercely believe in federalism, and those who don’t. Generally, people look to the federal government to for example, boost the economy, but look to state and local government to boost school performance.
Due to the Supreme Court being the highest court in the land their New Federalist role has been siding with state governments in many cases. Federalism will be characteristic of the nation, and the working progress that will continue throughout decades to come.
References
LaCroix, A.L., ACS blog (American Constitution Society)for Law and Policy
Wilson, Dllulio, Bose, (2014), American Government: Brief Version, (11th ed), Cengage Learning
Katz, E. (1997), Issues of Democracy, retrieved from www.ucs.louisiana.edu