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However, it is important to realize it only protected some individuals. White business owners had their property rights changed when they were forced to serve African-American patrons. Remembering that there is generally one group that loses some power when another group gains power is a good way to understand the arguments for and against federalism.
In fact, the Civil Rights Movement marked a shift in how the U.S. Supreme Court approaches federalism. Federalism used to be thought of as a way to preserve state rights, but the Court has made it clear that the federalist system is to protect individual rights, and that the states do not, in and of themselves, have any rights (O'Neill, 2002). Instead, state government rights are only recognized in so far as to protect the rights of individual citizens. This is an idea that was discussed during the recent debates over universal healthcare. There was tremendous support for universal healthcare in some states, while there was tremendous opposition to it in other states. However, the federal government mandated that the individual right to affordable health coverage...
Again, one must look at the fact that this law impacts different individuals in different ways. It will make it possible, in fact, necessary, for lower-income workers to purchase health-care insurance, which will improve access to healthcare. However, it also imposes penalties for failure to do so, which some believe unduly infringes on individual rights. What this example makes clear is that how one views federalism depends strongly on the issue being discussed and one's personal views about that issue.
References
Buchanan, J. (1995/1996). Federalism and individual sovereignty. The Cato Journal, 15(2-3).
Retrieved July 10, 2011 from Cato Institute website: http://www.cato.org/pubs/journal/cj15n2-3-8.html
O'Neil, D. (2002). Federalism and the U.S. Supreme Court. Human Rights Magazine.
Retrieved July 10, 2011 from American Bar Association website: http://www.americanbar.org/publications/human_rights_magazine_home/irr_hr_fall02_federalism.html
Individual Research Task. Individual Research: Overview Medina vs. California, 505 U.S. 437 (1992). Retrieved from Findlaw at: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=505&invol=437 Competency to stand trial (CST) Medina was convicted of first-degree murder and in the state of California a person must establish his mental incompetency by the standard of a 'preponderance of evidence.' The U.S. Supreme Court affirmed this standard of a burden of proof, denying it violated the petitioner Medina's right to due process. Dean v. United
Between 1970 and 1997 contemporary federalism was developed characterized by a shift in intergovernmental system of grants. It also saw an increase in lack of funding of federal mandates and concern were raised on the federal regulations as well as the disputes that continued to occur over the federal system nature. United States adoption of federal system The United States was previously under a confederation. However, in the second constitution there
It is also essential for the emergency management program to be tested periodically to determine their capability of dealing with hazards. In order to warn other areas that are at risk and to obtain useful information for the future, damage assessment should take place as well (Turoff, 2004). Specifically, the jurisdiction should develop technology adequate enough for them to "collect, compile, report, receive, and transmit damage assessment information" (Turoff,
However, post-Reconstruction, 'states rights' often became a code word for Jim Crow legislation. Southern states demanded the 'right' for the majority to engage in de facto segregation of schools and to institute limits upon how voting rights were exercised. Many Americans do not know that the Bill of Rights originally was only intended to govern the actions of the federal government, not the states. "The debate over whether the Fourteenth
" In other words, the gridlock we often complain about is intentional "so that the government cannot infringe on our rights and liberties. If we had an efficient government, our liberties would be greatly reduced." Americans frequently complain about the sluggish pace of government. A bill can take years to pass, and then even longer to be implemented and enforced. It may get stuck in court for many years, creating additional
So, although the two entities are linked by the constitution, it is essential that the federal government provide the state governments with the means to carry out their own policies, and this needs to be done in a nearly equal manner relative to each of the elemental components. Overall, if a is considered to be the state government, and B. is the federal government: The federal relation or federalism will