Democracy Briefly Describe the Concepts of Federalism

Democracy

Briefly describe the concepts of federalism and separation of powers

Federalism is when there is a separation of powers between the federal and state governments. This is designed to ensure that no form of government would undermine the civil rights of the general public. The basic idea is to reserve specific powers for them and help to address issues which are most important to select areas of the country. This will allow everyone to determine what is best for them, based upon exerting a certain amount of influence in the process. (Drake, 1999) (Krane, 2005)

The separation of powers is when there is a division of authority between the different branches of government. Most notably: the executive, legislative and judicial. Each one has the ability to check the authority of the other. In this case, there is a focus on limiting these powers through having them place checks and balances on each other. Under this system, there is an emphasis in preventing one from become to dominate over the others. (Drake, 1999) (Krane, 2005)

When this happens, they have the ability to push back and inhibit it from running away with its authority. Over the course of time, this ensures that democracies will not turn into a monarchy or dictatorship. On both the state and federal levels, these concepts are used to protect everyone's freedom. This is the core of the American form of government. It has served as a cornerstone in preventing any kind abuses. (Drake, 1999) (Krane, 2005)

Analyze their influence on the government. Select specific examples to illustrate each concept.

These areas had a dramatic impact on how governments operate and deal with a host of issues. For instance, one area which has often created conflict is the power of the federal government vs. The states. This is has led to them challenging each other's authority in the courts over issues such as: who regulates commerce. At the heart of these problems, are arguments that the states have the right to control what takes place inside their borders. While the federal government, has the right to regulate trade across the entire nation. In Wickard vs. Filburn, the U.S. Supreme Court ruled that the federal government has the power to engage in actions that will compel states to comply. This is based upon the expressed authority Congress has in the Commerce Clause of the Constitution. The result is that any laws passed by them will set standards for all to follow. ("Wickard vs. Filburn," 2013)

A good example of the separation of powers can be seen with the Supreme Court declaring a law that Congress passed is unconstitutional. This has been challenged many times with the U.S.A. Patriot Act. In U.S. Vs. Jones, these practices were ruled to be unconstitutional. As law enforcement, cannot use technology to track someone, who is not considered to be a terrorist without a warrant. Under the U.S.A. Patriot Act, warrantless electronic surveillance is authorized if the person is engaged in terrorist activities. Yet, the overall scope of them, must demonstrate how someone is directly involved. Otherwise, a warrant must be obtained. ("Supreme Court's U.S. Vs. Jones," 2012)