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Federalism is a political system where power is separated between one central and several different regional governments. The basic idea is to limit the size and influence of the government by dividing the roles / responsibilities of each entity. ("Federalism")
Describe the importance of federalism to American public administration.
In the case of the United States, federalism is a key in protecting the nation's civil liberties. This is because the power of the different levels of government is placing a check upon each other. During the process of running these organizations, is when administrators from both entities will have to work together on a host of issues. This is designed to ensure that interests of the general public are taken into account by having greater amounts of transparency and accountability. The best way to achieve these objectives is to have the roles and responsibilities divided between the different levels of…
"Advantages and Disadvantages of Federalism." Buzzle.com, 2012. Web. 23 Jun. 2012
"Federalism." Kent State, 2010. Web. 23 Jun. 2012
Hoffman, Mary. Hurricane Katrina. New York: Power Kids, 2006. Print.
Palser, Barb. Hurricane Katrina. Minneapolis: Compass Point Books, 2007. Print.
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 was adoption of federalism which has been in existence since then. The reason behind this adoption was the fact that the confederate system became problematic and would eventually lead to bankruptcy as a result of the lack of ability to tax states and cover the debts from civil war. The confederate system was incapable of meeting the demands of the nation that was growing.
Pros and cons of federal system in the United States
There are various advantages and…
Boyd, E. (1997). American Federalism, 1776 to 1997:
Significant Events. Retrieved April 24, 2013 from http://www.cas.umt.edu/polsci/faculty/greene/federalismhistory.htm
Leroy, A.W. (2010).The American constitutional system: principal characteristics -- federalism. Retrieved April 24, 2013 from http://www.proconservative.net/cunapolsci201partsixb.shtml
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, 2004). The best thing local policy makers can do when designing emergency responses policies, is implement guidelines where analyzing, researching, and providing information about hazards is priority as they are necessary for prevention.
Federal policy makers require a similar frame of mind to their local counterparts except they have an extremely large amount of people to be concerned with. Hurricane Katrina is seen as one of FEMA's shortfalls and this is largely do to disaster planning falling by the wayside before…
S.A. Poynton (2011). The duel over duality: Effects of federalism on the United States
National Guard's emergency response mission. University of Baltimore (569).
D. Murphy (2008).The Seventh Annual U.S. Army War College Reserve Component
Symposium: Assessing the Evolving Relationship of the National Guard to Other
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. emembering 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 ights 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…
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
The Tenth Amendment of the U.S. Constitution provides that "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." (U.S. Constitution, Tenth Amendment) This is interpreted to mean that the states have implied powers in addition to the powers explicitly enumerated to them in the Constitution. (Gardbaum 1996, 1252) Thus, the Tenth operates as one of the only effective limits on the power of the Federal Government.
The Development of Federalism during the 20th Century.
Federal power has increased considerably during the 20th Century, in a number of areas. The Great Depression compelled aggressive action from the Federal Government in enacting public works programs to put people back to work. (Gardbaum 1996, 1252) Government funding not only created a fourth branch of government sometimes referred to as the Administrative ranch, but…
Blumstein, J. (1994). Federalism and Civil Rights: Complementary and Competing Paradigms; 47 Vanderbilt Law Review 1251
Gardbaum, S. (1996). Rethinking Constitutional Federalism, 74 Texas Law Review 795, 798-801.
Yi, H. (1995) Fine Print: The Contract with America: Devolution, and the Administrative Realities of American Federalism. The New Bureaucrat.
(2010). "10th Amendment Resolutions -- Tenth Amendment Center" Retrieved from http://www.tenthamendmentcenter.com/nullification/10th-amendment-resolutions/
" 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 delays. States may object to a national law and seek to create their own version. All of these delays are the bedrock of the American system and they are inherent in its success over time.
Federalism grants states a measure of autonomy to balance the central authority held in Washington, DC. We wouldn't want it any other way. If we had a unitary system, we might find that the central government could, yes, make policy faster but without the…
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 exist unimpaired even if, again by Constitutional agreement, the Government of B. finances some or all of the functions which the Government of State a is constitutionally authorized to perform. In other words, B may be the proverbial payer of the 'Piper' a, but B. has nevertheless no legal or Constitutional right to call 'the tune.'"
This illustrates the primary problem that faces the existence of federalism in modern Russia. Namely, the central government finances the operations of the provinces…
Agulanna, Joe. "Of Federalism and National Conference." Africa News Service, Jan 21, 2005.
Financial Times Information. "A Brief History of Russian Federalism." Europe Intelligence Wire, Feb 4, 2005.
Jost, Kenneth. "Federalism." CQ Press, 2003.
Jost, Kenneth. "The States and Federalism." CQ Press, 1996.
The history of the United States is bound up in the ongoing debate between federalism and anti-federalism; between a federal government that has a strong mandate vs. one that is relatively weak vs. The localized state governments. The original Articles of the Confederation established a central government so weak that it barely existed other than on paper. From the perspective of states' rights in issues like slavery and commerce, federalism seemed antithetical to the birth of the new nation as it wrested itself free from the tyranny of British monarchy.
However, the need for a stronger federal government became apparent quickly after Independence. Independence gave rise for the real need for a standing army, one that required federal funding, federal management, and federal mandate. Moreover, the new nation needed cohesive means by which to organize international trade and treaties. A strong federal government also became increasingly crucial in establishing…
Boyd, Eugene. "American Federalism, 1776 to 1997: Significant Events." Retrieved online: http://www.cas.umt.edu/polsci/faculty/greene/federalismhistory.htm
"Constitutional Topic: Federalism." Retrieved online: http://www.usconstitution.net/consttop_fedr.html
For example, in 2005, an inmate sought access to an abortion, which was initially denied. "The U.S. Supreme Court unanimously ruled, without offering opinion, that the woman be allowed to have [an] abortion." (Dawe). The court did so, despite the fact that some state funds would have to be used for the inmate to access the abortion.
A more current political issue demonstrates the power of states' rights. Currently, some states have legalized gay marriages and civil unions. Other states have gone to the other end of the spectrum, and have passed state and local laws specifically illegalizing gay marriages. As of 2004, there were 17 states whose constitutions banned same-sex marriages, and most of those states also prohibited recognition of homosexual civil unions.
PBS Online). Many political conservatives were concerned that when Massachusetts legalized same-sex marriage, it would result in forced recognition of gay marriages in states that did…
Dawe, Jonathan. "States Rights vs. Federal Government: Mayer: Inmate Abortion Battle Just
Warming Up." The Daily Statesman. 2005. Dexter Daily Statesman. 25 November, 2007 http://www.dailystatesman.com/story/1123337.html .
The Federalist Society for Law and Public Policy Studies. "About Us." The Federalist Society.
2007. The Federalist Society. 25 November, 2007 http://www.fed-soc.org/aboutus/ .
S. constitution and the delegated powers the national government has according to the U.S. constitution makes the shift of powers from the federal government to the state governments limited by the existence of the U.S. constitution. A complete shift of powers from the state governments, in political, economic and programmatic terms toward the national government is impossible to be defined in realistic terms.
Historical events determined the lines between the layers of government to be in constant move. International and domestic events made the federalist form of government of the U.S. To act like a live entity that will always have to adapt its processes of development to external factors. Two World Wars, depression periods, globalization, terrorist attacks, the invasion of Iraq and more recently, the collapse of the housing market were making the delegated powers of the federal government subject to constant change in order to adapt and guarantee…
Longley, R. Federalism: National vs. State GovernmentThe powers of national and state governments. Retrieved: September 16, 2008. Available at http://usgovinfo.about.com/od/rightsandfreedoms/a/federalism.htm
MacDonald, E (2008) What the Fed's Rescue of AIG Really Means. FOXBusiness. Retrieved: September 18, 2008. Available at http://emac.blogs.foxbusiness.com/2008/09/17/what-the-feds-rescue-of-aig-really-means/
History of U.S. Federalism. Retrieved: September 16, 2008. Available at http://www.cas.sc.edu/poli/courses/scgov/History_of_Federalism.htm
Federalism seeks a “well constructed Union,” as Madison (1787) put it in Federalist 10, whereas anti-federalists claim “the principles of this system are extremely pernicious, impolitic, and dangerous,” (Henry, 1788). The federalists did not just want a strong central government, but one that was organized with a clear structure and a separation of powers. Anti-federalists viewed the new nation as a looser coalition of states, divesting almost all powers including that of the judiciary and legislative branches to more regional controls. The differences between federalism and anti-federalism are pervasive, extending towards their vision of how government should be constructed, and why. These differences, moreover, continue to permeate American political discourse.
To understand the differences between how the federalists and anti-federalists conceptualized the American government’s central institutions, it is essential to understand the divergences in their underlying political assumptions, theories, and philosophies. Essentially, the federalists and anti-federalists operated from completely different…
Brutus (1788). XV. http://www.constitution.org/afp/brutus15.htm
Hamilton, A. (1788). The Federalist Papers: No. 78. http://avalon.law.yale.edu/18th_century/fed78.asp
Henry, P. (1788). Speech of Patrick Henry, June 5, 1788. http://www.let.rug.nl/usa/documents/1786-1800/the-anti-federalist-papers/speech-of-patrick-henry-(june-5-1788).php
Madison, J. (1787). The Federalist Papers: 10. http://avalon.law.yale.edu/18th_century/fed10.asp
Madison, J. (1788). The Federalist No. 51. http://www.constitution.org/fed/federa51.htm
Throughout American history the power of the federal government in comparison with the states has been continually debated. This is because there is a principal known as the separation of powers. In the Constitution, this is reserving certain areas of authority for the federal and state governments. The problem is that many of these powers can often come into conflict with one another on a regular basis. As the Constitution, will provide some basic guidelines, but it will not address specific areas. To account for this, the courts are relying on individual interpretations and case precedent. This creates conflicting areas of authority, based upon the general powers that are given to the states and federal government. (Bonnie)
In the case of the federal government, this kind of conflict occurred in 1984 with the passage of the National Minimum Drinking Age Act. This law encouraged the states to raise the…
"Title 23." U.S. Senate, 2000. Web. 9 Mar. 2012
Bonnie, Richard. Reducing Underage Drinking. Washington DC: National Academy Press, 2004. Print.
Social Security is one of the strongest federal social welfare programs in the United States. Initiated as part of Franklin Delano oosevelt's New Deal, Social Security kick-started a revolution in federalism that characterized the twentieth century. Prior to New Deal reforms, federal powers were kept largely in check. Social Security was, and still is, challenged on constitutional grounds because of the way its parameters allow for a strong federal government. Social Security raises issues of federalism, in its use of federal resources, funding and power. Moreover, Social Security precludes states from opting out. This essay will analyze the overall effectiveness of Social Security, as determined by the overall goal of the policy in promoting social welfare. The thesis is that in spite of some weaknesses and presumptions, Social Security remains consistent with the constitutional framework of federalism.
When President oosevelt backed Social Security, the policy was a direct response…
Jeffrey, T.P. (2011). Authors of social security believed it was unconstitutional. Retrieved online: http://cnsnews.com/blog/terence-p-jeffrey/authors-social-security-believed-it-was-unconstitutional
Katz, E. (1997). American federalism, past, present, future. Retrieved online: http://www.ucs.louisiana.edu/~ras2777/amgov/federalism.html
Norton, G. (2011). Breaking: Supreme Court rules Social Security is constitutional. Daily KOS. Retrieved online: http://www.dailykos.com/story/2011/08/29/1011367/-Breaking-Supreme-Court-Rules-Social-Security-Is-Constitutional
Federalism in U.S. History
The word federal denotes alliances between independent sovereignties. "The Oxford Guide to the U.S. Government," an important source for any student or teacher of history, describes federalism in the United States as "the division of governmental powers between the national and state governments." "The Oxford Guide" informs us that "state governments can neither ignore nor contradict federal statutes that conform to the supreme law, the Constitution." Unlike a confederation, a federal republic does not permit a state to have full or primary sovereignty over its internal affairs. If a conflict exists between the state and federal government, the supremacy clause mandates that federal laws are supreme. The powers of the central or national government typically are enumerated in a written constitution. Under the U.S. Constitution, any powers not specifically granted to the national government are presumed to be retained by state governments. State governments have their…
Main Part: In a federal system, the national government holds significant power, but the smaller political subdivisions also hold significant power. The United States, Canada, Australia, and Brazil are examples of federal systems (Constitutional Topic: Federalism, 2010, p. 1). Although it was not directly named in the Constitution, federalism is a central principle of government in the United States of America (Drake & Nelson ibid). The U.S. federal system has five basic characteristics (Drake & Nelson, May 2002, pp. 1f.): 1) Federalism provides a division of legal authority between state and national governments. Overlap occurs, but two legally distinct spheres of government exist.
2) The states are subordinate to the national government in such areas as management of foreign affairs and regulation of interstate commerce. 3) Federalism enables positive cooperation between state and national governments in programs pertaining to education, interstate highway construction, environmental protection and health, unemployment, and social security concerns. 4) The U.S. Supreme Court serves as legal arbiter of the federal system in regard to conflicting claims of state and national governments. 5) The two levels of government exercise direct authority simultaneously over people within their territory. The principle of American federalism, created in the eighteenth century, was bold and has greatly affected U.S. history. Its influence continues today (Drake & Nelson, May 2002, p. 2).
Main Part: Federalism in the United States has evolved quite a bit since it was first implemented in 1787. Pre-Federalism Period: 1775-1789. During that period, the former colonists successfully fought the War of Independence and established a government under the Articles of the Confederation. Disenchanted with the deficiencies of the Articles of Confederation, delegates drafted and the states ratified a new Constitution that created a federal system of government. (Drake & Nelson, May 2002, p. 3). Political scientists define two types of federalism in the history of the United States: dual and cooperative. From a vantage point, federalism can be viewed as a "layer" cake (dual); from another it may be pictured as a "rainbow" or "marble" cake (cooperative) (see Drake & Nelson, May 2002, p. 2). Dual Federalism Phase Part I: 1789 -- 1865. Dual federalism holds that the federal government and the state governments are co-equals, each sovereign. Dual federalism was necessary because parts of the Constitution needed to be interpreted very narrowly, such as the 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause. In this narrow interpretation, the
Drug Enforcement Administration, the Controlled Substances Act, and the War on Drugs all show that drug prohibition has been framed as a federal issue. Recent state-by-state legalization of cannabis (marijuana) has challenged and undermined the efficacy of federal drug laws and anti-drug policies. Almost half the states have now legalized marijuana for either medical or recreational use (Hill, 2015). The state-by-state legalization scheme creates legal and ethical conundrums. For example, Hill points out that federal anti-drug legislation prohibits legal marijuana businesses operating in states like Colorado to use national financial institutions for banking. Without access to the usual range of financing options, cannabis dispensaries and other related businesses are driven to a cash-only business which can "attract thieves and tax cheats," (Hill, 2015, p. 597). Other problems include the inability of Americans to legally transport cannabis over state lines, even between two states that both legalized the drug. Canada recently…
federalism in the U.S.
Federalism in the United States through Supreme Court decisions
Printz v. United States and Garcia v. San Antonio Metropolitan Transit Authority
One of the most obvious environments in which the issue of federalism and anti-federalism sentiment is seen is in the judicial system. There have been numerous cases and instances in which the ruling of the Supreme Court was seen as encouraging either federalism or anti-federalism. Two such cases are Printz v. United States (1997) and Garcia v. San Antonio Metropolitan Transit Authority (1985) in which the decisions of the Court ruled in such a manner as to create precedent for the overruling power of federal representation against state authority, thus ruling under a federalist sentiment.
Printz v. United States set in question the ability of the federal government to decide the attributes of the state police concerning gun control. The background of the case includes…
Archives.gov. "Bill of Rights," in National Archives, 2014, available online at http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Cornell. "Garcia v. San Antonio Transit Authority (No. 82-1913)" in Legal Information Institute. Cornell Law University. 2014, available online at http://www.law.cornell.edu/supremecourt/text/469/528
Cornell. "Printz, Sheriff/Coroner, Ravalli County, Montana V. United States" in Legal Information Institute. Cornell Law University. 2014, available online at http://www.law.cornell.edu/supct/html/95-1478.ZS.html
Spitzer, Roberst. "The politics of gun control." New York: Chatham Publishers, 1998.
Planning Across Levels of Government: Federalism and the Planning for the esponse to Emergencies
This paper will be in the form of a governmental response plan to the natural disaster: Hurricane Katrina.
Early morning, on the 29th of August, 2005, USA's Gulf Coast was hit by the Hurricane Katrina. When it reached land, it was identified as having "Category 3" intensity, on the Saffir-Simpson Hurricane Wind Scale, bringing continuous winds of speeds between 100 and 140 miles/hour and stretching across for about 400 miles (Hurricane Katrina - Facts & Summary - HISTOY.com, n.d). While the storm was damaging enough by itself, the aftermath was utterly devastating. Firstly, massive flooding resulted from levee breaches. Furthermore, a large number of individuals claimed that the government didn't respond in a timely manner to take care of victims' needs. Several thousands of Alabama, Louisiana, and Mississippi inhabitants suffered displacement from home. It has been…
(n.d.). History Canada -- Videos, TV Schedule & Watch Full Episodes Online. Hurricane Katrina - Facts & Summary - HISTORY.com. Retrieved January 20, 2016, from http://www.history.com/topics/hurricane-katrina
Luntz, T. (2009, July 17). Science News, Articles, and Information - Scientific American. Hurricane Protection for New Orleans Debated - Scientific American. Retrieved January 20, 2016, from http://www.scientificamerican.com/article/hurricane-protection-for-new-orleans/
(n.d.). Occupational Safety and Health Administration - Home. Hurricane Preparedness and Response - Preparedness. Retrieved January 20, 2016, from http://www.osha.gov/dts/weather/hurricane/preparedness.html
Reese, M. (2012, April 23). Carolina Fire Rescue EMS Journal: Your Source for Fire, Rescue and EMS News and Reviews. - The National Response Framework: Retrieved January 20, 2016, from http://www.carolinafirejournal.com/articles/article-detail/articleid/2071/the-national-response-framework.aspx
Federalism, Unitary, And Confederation
Federalism: Federalism is a political system of governance in which powers are divided among two levels of government, i.e., a central government and governments based in smaller political units, usually called states, provinces, or territories. In this system of government, the smaller political units surrender some of their political power to the central government, relying on it to act for the common good. (Davidson, Encarta article)
Comparison of Federalist, Unitary and Confederation Governing Structures
Other types of government structure are Unitary and Confederation. In a Unitary system, virtually all powers are held by the central government, although it may delegate some of its powers to local or city governments but such delegation is discretionary and for administrative purposes only. A confederation is similar to a federation but with far less power given to the central government. In confederations, the local governments retain most of the powers…
Davidson, Roger H. "Federalism." Article in Encyclopedia Encarta. CD-ROM Version, 2003
Federal Government." The Columbia Encyclopedia, Sixth Edition. Columbia University Press. New York, 2000.
Theories of Government." A More Perfect Union: An exploration of American Democracy. 1999. Thinkquest Website. February 25, 2004 http://library.thinkquest.org/26466/theories_of_government.html
The word federal comes from the Latin term fidere, meaning "to trust."
Federalism and Constitutional Debates
One of the most significant and innovative ideas in the American Constitution is federalism even though the word does not appear in it. This concept entails sharing of power between two different levels of government i.e. federal and state governments. Through this system of government, power from the central government is shared to state governments. While federalism has existed in the United States for centuries, there are numerous problems relating to the sharing of power between these different levels of government. These problems have generated constitutional debates on whether the concept has positive or negative impacts on certain fundamental rights. An example of an issue that has generated such debates is privacy rights i.e. whether some federal laws infringe on individuals right to privacy. This paper will examine the positive and negative impacts of federalism on privacy rights and identify the most significant impact.
In this particular case the court found that the GFSZA contained "no jurisdictional element which would ensure, through a case by case inquiry, that the firearm possession in question affects interstate commerce." ("United States v. Lopez") in effect, the court said that the federal government can only pass laws involving activities that substantially affects interstate commerce and the possession of a gun in a school did not rise to that level.
In his concurrence, Justice Kennedy, stated that "it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one." ("United States v. Lopez") He argued that power divided between two separate institutions would control each other while simultaneously controlling themselves. This, it was thought, would lesson the chance that one institution would become tyrannical because the concept of "federalism," "secures to citizens the liberties that derive from the diffusion of sovereign power."…
"Federalism." Legal Information Institute Cornell University Law School.
Retrieved from http://www.law.cornell.edu/wex/federalism
United States v. Lopez: A Case Brief Summary. Lawnix.com. Retrieved from http://www.lawnix.com/cases/united-states-lopez.html
United States v. Lopez (93-1260), 514 U.S. 549 (1995). Retrieved from http://www.law.cornell.edu/supct/html/93-1260.ZO.html
governance namely federalism, centralized and unitary but mainly focusing on federalism as practiced in America. e will be looking at what federalism in the context of its inclusion on the America's constitution and the effects it had on the country. Lastly the paper will discuss the other two forms of governments and why they are different from federal model.
For this first question, the paper will attempt to look at the impact the inclusion of federalism in America's constitution. The constitution of America came to being in 1787, having been drawn by 55 delegates to the Constitutional Convention in Philadelphia. It is the system of fundamental laws of the United States of America. Ginsberg, Lowi, & eir, (2010) argues that federalism has been fundamental in helping the constitution deliver to its citizenly. Even though federalism is not mentioned explicitly in the constitution it however one of the many concepts that…
Ginsberg, Lowi, & Weir. (2010). An Introduction to American Politics
Kelemen D. (2004). The Rules of Federalism: Cambridge, Harvard University Press
Schechter S. (1981). On the Compatibility of Federalism and Intergovernmental Management: America. Oxford University Press
Never the twain shall meet would be an appropriate descriptive. The prime example of this form of federalism is the U.S. government during the late 1700s through the early 1900s. With "dual" federalism, both separate and shared powers are present.
Marble-cake (or co-operative) federalism is "one big happy family" federalism. Co-operation between state and federal government is its signature. The two levels of government are actually one big government, interwoven and pursuing the same goals together. Crime reduction, better education for our children, and global warming are issues that both state and federal levels would be working on together with the same sense of accomplishment. Co-operative federalism became prominent in government between roughly 1930-1960.
s a matter of fact, under the original dual federalism during the early years of our country, each state that came into the Union was offered a "partnership" with the federal government. Every state knew what…
As a matter of fact, under the original dual federalism during the early years of our country, each state that came into the Union was offered a "partnership" with the federal government. Every state knew what they were getting into. The federal government could declare war, coin money, control immigration, sign treaties, appoint ambassadors, interpret laws, and control interstate commerce. These powers were granted to the federal government by the Constitution, Articles I-IV, and Article VI. Powers granted to the states consisted of passing laws within their territories, controlling health, police, education, marriage, voting requirements, and even trash collection. These were granted by Article IV and the Tenth Amendment. Shared powers were to levy taxes, create courts, and to create laws for the general welfare. These joint powers were based in the Tenth Amendment.
After the Civil War, the federal government began to exercise its own rights separate from the states with its newly gained momentum and responsibilities gained from winning the war. The layered-cake form of dual federalism came forth with both federal government and states operating independently but the federal government trying to retain control. This increasingly layered-federalism held until 1930, when, with FDR and the New Deal, brought us out of the Depression through the use of numerous federal programs that he delivered to the states for employment. It was an era of cooperation. With WWII and the Korean War, that era of cooperation continued.
Today, in the U.S. we are closer to dual -- modified layered cake -- federalism. However, for now, it is a devolving fiscal federalism as well. That is, the federal and state powers are separate as spelled out above. However, more fiscal responsibility is being "devolved" or delegated back to the states which are closer to the economic problems they face. The federal government is giving billions of dollars back to the states to cover programs and budget deficits.
separation of powers and federalism. How do these central architectural features of American government seek to support Thomas Jefferson's perspectives; "That government is best which governs least." Why from the view of many business executives is government "gridlock" good?
Separation of powers is that element of the American government designed to protect the nation from tyranny and to, as far as possible, keep the power of the nation decentralized. Federalism, while certainly not designed to promote tyranny, is designed to strengthen the power of the government to act and govern the nation, centralizing power into a strong formal national government. Each of these aspects of modern American government have different implications for business.
According to Thomas Jefferson, "That government is best which governs least." The separation of powers helps to assure that the different branches of the government balance each other sufficiently that no single branch can govern so much…
POL 319 State & Local Governments
emocracy in America has evolved from the concept of federalism allowing citizens at all levels to develop their own governance system. Since the founding of the United States in 1776 different governmental structures both on the state and local level developed. My paper takes a closer look at three different faces of state and local government in the United States of today: irect emocracy Government, Police Jury Government and Mayor-Council Government. While California and Louisiana are showcase examples for the irect emocracy and Policy Jury Government system, New York City stands exemplary for a strong Mayor Council governmental system. The goal of the paper is to point out the distinctive features of the three models, their historic background, and various impacts for citizens in the three geographic surroundings.
Case Study # 1 -- Examination of irect emocracy in California
Does the legislature or the governor have more power in Louisiana based on your analysis? The governor has more power than the legislature because the legislature can completely overpower the governor. There is not one bill he can stop if they chose this veto and there is not an expense he can block for the same reason. The legislature can organize the executive branch anyway it chooses subject to the constitutional imperative of the presence of certain constitutional officers. Furthermore it can get rid of any regulatory authority in it, and propose any constitutional amendment it likes regardless of the governor's opinion on the matter
(Sadow, J.D. (23 May 2011, p.2).
How is the provision of funds to local and state efforts affected or optimized by Louisiana's French-based system? The state of Louisiana faces a severe decline in revenues through fiscal year 2012 which, if no corrective action is taken, will leave a significant funding gap in the state government expenditures and will create serious sustainability issues in financing of state obligations. It is essential that the state act now to reduce the cost of state government, through all means available, including efficiencies, economies, greater effectiveness, and other means to streamline government in order to overcome the projected severe revenue reductions occurring through 2012 . Louisiana also created the Commission on Streamlining Government (CSG) to examine each agency's constitutional and legal duties to gain efficiency and lower costs by reducing the size of state government. This commission is charged with making real reforms to reduce the size of government by finding and getting rid of a ballooning bureaucracy and duplicative services and low-performing programs both on the state and local government level (Streamlining Louisiana: Driving Government Reform in an Era of Fiscal Crisis (29 January 2010, p. 2). Proposers of the reform i.a. request the issuance of annual public reports online of all state grants by funding source, agency, parish and
This is designed to help support individuals who are dealing with financial challenges. The problem is that select amounts of recipients will use as a way to live off of the government. (Wolf, 2005)
How might a socialist and a capitalist government differ in its treatment of the problem of unemployment?
Socialists want to see massive amounts of government spending to create new jobs, training programs and provide unemployment benefits. A capitalist is opposed to these kinds of programs and believes that charities / private enterprises can address these issues.
In your opinion, should the government have the responsibility of providing health care for every citizen? Why or why not?
Yes, the government should provide health care. The reason why is because prices are increasing exponentially and the number of uninsured is rising. These factors are a sign that there is very little competition inside the sector. To address these…
2012 Puerto Rico Statehood Amendment. (2012). Boards. Retrieved from: http://www.boards.ie/vbulletin/showthread.php?p=77582334
Commerce Clause. (2012). Britannica. Retrieved from: http://www.britannica.com/EBchecked/topic/127865/commerce-clause
Principles of Constitutional Construction. (2010). Constitution.org. Retrieved from: http://constitution.org/cons/prin_cons.htm
Sin Taxes. (2005). Six Taxes. Connecticut Voices for Children. Retrieved from: http://www.ctkidslink.org/publications/bud05sintax02.pdf
To the Cato Institute:
The Cato Institute policy statement on "Fiscal Federalism" is an excellent example of 'throwing the baby out with the bath water.' Yes, there may be unnecessary government bureaucracy involved in the awarding of federal grants to states. But the need for more efficiency does not mean that the entire program should be scrapped. During the recent 2008 recession, many states were cash-strapped and desperately needed funds to support Medicaid and unemployment insurance. Unlike states, the federal government can spend at a deficit. If there were no grants, this would have caused tremendous privation and social unrest.
The relationship of the states and the federal government is necessarily a symbiotic one. States are presumed to have better knowledge of what programs are needed to address critical issues within states' borders. The federal government acknowledges this expertise, even though it may use its prerogative to prioritize…
Williams, Bob. (2012). The most egregious budget gimmicks of 2012. State Budget Solutions.
As Cuccinelli and Getchell point out that, "The police power is the antithesis of limited, enumerated powers. Given the breadth of that power, it cannot be exercised by the federal government without overwhelming the limitations intended by the Constitution's scheme of enumerated powers" (2011, p. 293).
The argument can be made that the individual mandate provisions of the Patient Protection and Affordable Care Act are for the greater good by making individual consumers accountable for their own healthcare. Even though the purpose of the PPACA may be laudable, the research was consistent in showing that many constitutional scholars believe that the individual mandate oversteps the authority of the U.S. Congress under the Commerce Clause. Although the PPACA is currently the law of the land, it is reasonable to conclude that it will continue to face legal challenges from the attorneys general of the several states due to its individual…
Cuccinelli, K.T. & Getchell, E.D. (2011, Spring). Why the debate over the constitutionality of the federal health care law is about much more than health care. Texas Review of Law & Politics, 15(2), 292-301.
Loyola, M. (2011, Fall). Trojan horse: Federal manipulation of state governments and the Supreme Court's emerging doctrine of federalism. Texas Review of Law & Politics, 16(1),
May, J.R. (2013, Spring). Healthcare, environmental law, and the Supreme Court: An analysis
fiscal federalism on finance and budgeting in public organizations.
Federalism is a political concept in which groups are bound together by a representative governing body. This is usually constitutionally divided between a central authority and political units; in the United States, the Federal Government and the 50 State Governments. The issue of federalism was actual controversial during America's revolutionary period when some feared that too much power at the Federal level would reduce State's rights. Certainly, after the Civil War the Federal Government increased its influence and power, particularly as transportation technology allowed for greater commerce and travel between States (Gerston, 2007). In its most basic form and application, fiscal federalism is a concept that is concerned with deciding which functions of government are best centralized and which are more appropriately placed in decentralized levels of government. As a study, it looks at how the expenditure side and revenue side…
However, we now see some issues that are even more serious in States: California cancelled many of its summer educational programs and has a tremendous fiscal crisis; Washington has a budget deficit that has extended into education; and Medicaid spending has caused a fiscal crisis in Texas, New Jersey, and New York (State Budget Crisis Task Force, 2012). Additionally, it now appears that transferring of regulatory and fiscal authority to States sometimes causes better incentives to follow Federal policy, but all too often allows states to undercut economic policy and even adapt programs with a poorer design and execution than intended, often causing those programs to underperform (Super, 2005).
Health care is certainly a prime example of the disconnect between Federal and State governments. States and localities deliver, finance, administer and even monitor health systems. Any serious reform, though, must begin at the Federal level with Medicaid, which is hurting state budgets. In fact, most States lack the administrative tools and expertise to manage health care budgets at all, evidences by the tripling of State and local expenditures since 1980 (Pollack and Kilgore, 2009).
The problem is not just in the United States, but between Canada and her Provinces as well. The gist, for both countries, is about effectiveness of the various levels of government. To adequately fund programs that must, by their nature, be national in scope, the Federal government has the responsibility to its citizens at large. This can be accomplished by shifting spending to tax relief that stimulates business investment in all States, build more discipline into Federal programs that
Foremost, when they occur, they generate massive financial setbacks for the institution implementing them as they generally require a large sum of money. "It is difficult to properly handle investments in public budgets. The rewards are spread out over an extended period of time while the cost or the pain of investing is immediate. That makes if difficult to finance public investments" (Penner, 2008).
For the state and local governments to be able to fund their investments, they should organize their incomes into two categories: current operating capital and capital component. A simple accounting method would help them benefit immediately from the investment. In this order of ideas, given that the investment is amortized and the amortization is registered as part of operating expenses, the users of the investments would immediately benefit from it, and also pay it at the same time (Penner, 2008).
Another means to deal with the…
Penner, R.G., June 10, 2008, Budgeting for Capital Investment, Statement before the House of Representatives Committee on Transportation and Infrastructure
Rueben, K., McGuire, T., Kellam, S., October 2007, Navigating State and Local Finances, Lincoln Institute of Land Policy
Rueben, K., Rosenberg, C., April 28, 2008, State and Local Tax Policy: What are rainy day funds and how do they work? Tax Policy Center
Woolley, J., Peters, G., 1999, Richard Nixon, the American Presidency Project, http://www.presidency.ucsb.edu/ws/index.php?pid=3636last accessed on November 14, 2008
Healthcare Legal Issues
Discuss the impact Federalism has on the regulation of health care delivery; how do the different sources of law as they related to the federal and state governments matter, if at all?
In general, federal regulation of health care delivery would be much more appropriate and efficient than state or local law, at least in so far as major aspects of health care delivery are concerned. That is because state laws vary considerably; that makes it impossible to establish a consistent or uniform standard of health care delivery across state lines. Certainly, there are aspects of health care that are appropriate to regulate at the state or even the local level, but there are others that would be much better to regulate on a national or federal level.
One of the best examples of an aspect of health care delivery that should be regulated federally are elements…
Reid, T. (2009). The Healing of America: A Global Quest for Better, Cheaper, and Fairer Health Care. New York: Penguin Group.
In Italy, Mussolini exploited the state of confusion and malaise to seize power. From this cradle, Fascism emerged into the world. In Germany, it morphed into Nazism, a more virulent and transformed fascism feeding upon race mysticism as well as extreme nationalism and dictatorship. Both countries took this highway to the Hell of World War II. During this second installment of Great War, European countries groaned under the Fascist boot heel and fought back under native partisan movements in the underground resistance.
Ironically, the European Federal movement was midwifed by Italian political theorist Alberto Spineless. After the Second World War, the people of Europe wanted human rights, an end to despotism against both and human freedom and dignity.
he Union of European Federalists was formed in December of 1946. In the wake of two world wars, theorists such as Spineless were convinced that Federalism in Europe would save Europe by…
The Union of European Federalists was formed in December of 1946. In the wake of two world wars, theorists such as Spineless were convinced that Federalism in Europe would save Europe by transcending nationalism much as the multinational Resistance had in World War II. In this movement, Communists, Socialists, and Christian Democrats resisted Fascisim in a united front. Spinelli and contemporary E. Rossi wrote the Ventone Manifesto, encouraging a federation of European States to make way for the European Union body. Union of European Federalist concluded that the existing political system could not creatre the new Europe. Federalist advocates thought that Europe integration was a process of building for the politics of a new Europe.
After achieving freedom from the Nazi tyranny, the people of Western Europe developed a consensus that a united Europe was the best way to bring peace and prosperity. Opposition forces like Resistance movement veterans thought they should overcome nationalism. Uniting Europe was the first task in its post war recovery. Federalism provided the theoretical basis of these for this movement. As the result, Federalism plans appeared as a blueprint to prevent future European wars.
The federal ideas were first concretely represented in the European Coal and Steel Community (ECSC) in 1951 in the Treaty of Paris. The ECSC paved the way for the integration of Europe, followed by the European Economic Community (EEC) in 1957 and the European Union (EU) of 1993 based upon the Matriarchs Treaty. Transnational organizations now are paving the way for a Europe that will be one state.
So, who was right? Well, it seems that history has taught us again and again that in certain conditions, humans do express their evil and competitive natures (e.g. fascism, genocide, etc.); but that in other situations, the species can be incredibly giving and benevolent (think of Mother Theresa, people helping people). The complexity is that humans are not all one type or another, but a combination. Most sociologists believe that it is culture and society that form the basis for behavior. For example, the Kung! Bushmen of South Africa have no crime, very little disagreement, and understand they must cooperate for the good of the tribe. owever, if we look at the Epic of Gilgamesh or the Code of ammurabi, we find that the earliest civilizations had to provide structure and that evil nature was as much a part of humanity as goodness. The debate remains -- is the cup…
Hobbes looked around, and saw a sewer of urban life; poor people struggling, disease, trash, pestilence and believed that without control mankind was nothing more than animalistic. Locke thought otherwise, that humans, given a chance to actualize, would cooperate, work towards a common good, and provide a generalized and goal-oriented society. So, who was right? Well, it seems that history has taught us again and again that in certain conditions, humans do express their evil and competitive natures (e.g. fascism, genocide, etc.); but that in other situations, the species can be incredibly giving and benevolent (think of Mother Theresa, people helping people). The complexity is that humans are not all one type or another, but a combination. Most sociologists believe that it is culture and society that form the basis for behavior. For example, the Kung! Bushmen of South Africa have no crime, very little disagreement, and understand they must cooperate for the good of the tribe. However, if we look at the Epic of Gilgamesh or the Code of Hammurabi, we find that the earliest civilizations had to provide structure and that evil nature was as much a part of humanity as goodness. The debate remains -- is the cup 1/2 empty or 1/2 full -- or is it both?
The Federalist movement surrounding the writing and eventual ratification of the U.S. Constitution focused on one basic premise: how much power and authority should the national, versus State, government control. Certainly, once can view that if the Articles of Confederation were deemed to be too weak and inappropriate for the new Republic, then the Federalist faction won. Rhode Island and North Carolina especially opposed the Federalist view, but eventually the Bill of Rights seemed to satisfy most of the delegates who realized that the alternative would be suicide. This did not stop individual States from wanting to secede long before the Civil War, and indeed, the actual finality of the issue of State's rights was not really solved until the mid-20th century, when the Supreme Court issued several decisions requiring that the tenets of the Bill of Rights be established in all 50 States.
If one considers the political issues of the Jeffersonian Era up to the War Between the States, then one might say that although the Constitution provided a legal means for a strong centralized government, that was on paper and States tended to act and react in their own ways to a point. There was consternation during the 1812 issues with the British, when new States entered the Union there were issues on whether they would be Slave or Free States. Thus, the Federalists really only had the appearance of victory after the Constitutional Convention, not the buy in and acceptance of the policy for decades afterwards.
Congress of the United States has the power to lay and collect taxes pursuant only to Article 1, Section 8, clause 1 and Article 1, Section 9, clauses 4 and 5, and Article XVI of the United States Constitution. And, the Tenth Amendment of the United States Constitution limits the scope of federal powers. However, the federal government has devised a way to distribute federal funds to state and local governments in such a way that circumvents the Constitution for its own purposes.
Article 1, Section 8, Clause 1 of the United States Constitution states that:
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States."
It's difficult to imagine how a grant to an individual…
status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalism will be offered as established by the founding fathers. Current literature will then be used to identify factors associated with and the role assumed by the presidency, the Courts and Congress in federalism as it exists today within the U.S.
Conceptual Framework unique federal system of government to replace the original Articles of Confederation was established b the U.S. Constitution. On the basis of federalism, the Framer's of the Constitution delineated that national concerns were to be handled by a national legislative branch and executive branch of government while concerns at the local and state level would be handled by state legislatures and governors. It was the intent of the Framer's…
Brock, P. (2001). Supreme Court Justice Thomas Smith speaks. Montpelier Magazine (Spring, 2001), Harrisonburg, VA: James Madison University, Montpelier.
Eastman, J.C. (2002). Re-entering the arena: Restoring a judicial role for enforcing limits on federal mandates. Harvard Journal of Law & Public Policy, 01934872, 25 (3), 931-952.
Greve, M. (2000). The supreme court's federalism. AEI Federalist Outlook, 2 (August 2000). Found at http://www.federalismproject.org/outlook/8-2000.html.
Jeffrey, K. (1995). Guide to regulatory reform: The federalism rule. Brief Analysis No. 151, National Center for Policy Analysis, Washington DC. Found at http://www.ncpa.org/ba/ba151.html
The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infringing Title II of the Americans with Disabilities Act (ADA). Tennessee argued that the Eleventh Amendment banned the suit, and filed a motion to dismiss the case. It relied chiefly on Board of Trustees of the University of Alabama v. Garrett (2001), in which the Supreme Court held that Congress had, in endorsing certain provisions of the ADA, unconstitutionally repealed the supreme immunity of the States by letting people sue the States for discrimination on the foundation of disability. Garrett had held that Congress had not met the congruent-and-proportional test, in that it had not collected enough proof of discrimination on the basis of disability to give good reason for the repeal of…
GONZALES V. OREGON (04-623) 546 U.S. 243 (2006) 368 F.3d 1118. Retrieved March 26,
2011, from Web site: http://www.law.cornell.edu/supct/html/04-623.ZS.html
TENNESSEE V. LANE (02-1667) 541 U.S. 509 (2004) 315 F.3d 680. Retrieved March 26,
2011, from Web site: http://www.law.cornell.edu/supct/html/02-1667.ZS.html
DUAL FEDEALISM PHASE
The Dual Federalism is the reflection of the ideology that stressed over the balance of powers between the national and state governments, and considers both the governments as 'equal partners with separate and distinct spheres of authority' (Sergio, 2005). Previously, the 'federal or national government was limited in its authority to those powers enumerated in the Constitution', and it was evident that there was partial understanding and correspondence between the national and stat. There existed little collaboration between the national and state governments, which resulted in the 'occasional tensions over the nature of the union and the doctrine of nullification and state sovereignty'.
In 1789, the Constitution was approved by the States; ratification of the conventions convened took place. The period from 1789 to 1801 has been regarded as the Federalist Perios, 'the period takes its name from the dominant political party of the time, which believed…
Michael Mcguire. American Federalism and the Search for Models of Management. Public Administration Review. Volume: 61. Issue: 6. 2001. American Society for Public Administration.
Stever, James a. The Growth and Decline of Executive-Centered Intergovernmental Management. Publius: The Journal of Federalism Vol. 23. 1993. pp. 71-84.
Stoker, Gerry, and Karen Mossberger. Urban Regime Theory in Comparative Perspective. Environment and Planning C: Government and Policy Vol. 12. 1992. pp. 195-212.
Stone, Clarence. Regime Politics. University Press of Kansas. 1989. pp. 218.
European Federalism: Historical Analysis
Fascism is considered to be a political belief and concept, which is based on the principle that social, economic and cultural and traditional beliefs of a country must be used in order to increase nationalism. In Europe, fascist movements had emerged in twentieth century. The goal of these fascist movements was to promote fundamentalist and fanatic beliefs in order to deal with the social and political turmoil that occurred in the European region after the end of World War I. Federalism is considered to be the theory, which is based on the principles of federation, which seeks to create a balance of power by dividing it among the member of the same institution. The aim of this paper is to historically analyze the rise of European Union from 1918 to the end of World War II in the lights of broad and diverse academic resources. Furthermore,…
1. Boka Eva (2005): The Democratic European Idea in Central Europe, 1849-1945 (Federalism contra Nationalism) Specimina Nova, University of Pecs,2005. 7-24
2. Boka Eva (2006): In Search of European federalism. Society and Economy (The Journal of the Corvinus University of Budapest), 28. 2006. 3. 309-331.
3. Levi, Lucio (ed.) (1990): Altiero Spinelli and Federalism in Europe and in the World. Franco Angeli, Milan
4. Lindberg, Leon (1963): The Political Dynamics of European Economic Integration. Stanford University Press
GERMANY & COMPOSITION OF GOVERNMENT. The research focus CURRENT ( year ) developments composition government. Preferred Resources: 1)The Economist 2) BBC News .
Development and Composition of German Government
Federalism is a key feature of the political system of Germany and its governance. Federalism dates back in the period after orld ar II when Germany was under the leadership Prussians. At this time, "Germany" consisted of a patchwork of states. These states formed the "Old Empire" (Altes Reich) with a common institution, the so-called Immerwahrender Reichstag in Regensburg (1663 -- 1806), composed of representatives of the respective territories. Its key features were power-sharing, bargaining and compromise-seeking (Kitschelt and olfgang 16).
Following the dissolution of that Empire in 1806, 39 territories formed, under Napoleon's protectorate, the Rheinbund (Rhine-Confederation) which was unwieldy and inefficient. The Vienna Congress in 1815 established, the confederal Deutscher Bund, as successor of the Old Empire and with…
Kitschelt, H., and S. Wolfgang. "Germany: Beyond the Stable State (Special Issue),, 26:4." West European Politics 26.4 (2010): 12-26. Print.
Scarrow, Susan. "Party Subsidies and the Freezing of Party Competition: Do Cartels Work?" West European Politics 29.4 (2010): 619-39. Print.
Streeck, Wolfgang, and Thelen. Kathleen. . Beyond Continuity: Institutional Change in Advanced Political Economies (Eds). Oxford: Oxford University Press, 2005. Print.
The Economist. "Ready for a Bush Hug " The Economist 2006: 15-19. Print.
Courchene (2004) also discusses the changing nature of relations between federal Canada and Quebec and suggests that increasing cooperation has become a new vision that is now being explored. Brown (2003) takes particular note of the actions being taken in Quebec, and he notes that the Quebec Liberal Party (QLP) issued a paper "calling for a new federalism 'de concertation et de cooperation,' consisting of a better effort to manage global interdependence, a respect for the federal spirit (i.e. respect for provincial jurisdiction), a better fiscal balance between the federal and provincial governments, and more concerted interprovincial cooperation" (Brown, 2003, p. 6). In terms of how the Copuncil of the Federation, Brown finds that this may be little more than a continuation of the Annual Premiers' Conference under a different name, or it could lead to a return to the earlier practice seen in the Mulroney era when annual…
Brown, D.M. (2003). Getting Things Done in the Federation: Do We Need New Rules for an Old Game? Institute for Research on Public Policy (1).
Burelle, a. (2003). The Council of the Federation: From a Defensive to a Partnership Approach. Institute for Research on Public Policy (3 English).
Cameron, D. & Simeon, R. (2002). Intergovernmental relations in Canada: The emergence of collaborative federalism. Publius 32, 2, 49-70.
Chennells, D. (2001). The Politics of Nationalism in Canada. Toronto: University of Toronto Press.
Six Questions & Discussion on American Politics
During the U.S. Constitutional Convention of 1787, two primary plans were forwarded that shaped the development and discussion at the convention that would forever impact the shape of American politics. The first plan, the Virginia Plan, introduced by Governor Randolph, was an effort to simply revise the existing Articles of Confederation. It was characterized by three major points: the structural exclusion of states from elections and representation at the national level, reductions of powers to individual states, and the abandonment of the some national features of republicanism like institutional separation of powers. The Virginia Plan was countered by two alternative plans, and a division at the Convention: the New Jersey Plan that believed the Virginia Plan went too far in affording power to the national government, and the Hamilton Plan that argued the Virginia Plan didn't go far enough (Lloyd).…
Burner, David and Rosenfield, Ross. "Polling." Dictionary of American History. 2003. 15 Dec. 2009 .
"Evolution of American Political Parties from the Revolution to the Reconstruction." 2003. 15 Dec. 2009 .
Follesdal, Andreas. "Federalism." The Stanford Encyclopedia of Philosophy. 2006. 15 Dec. 2009 .
Green, John, Smidt, Corwin, Guth, James, and Kellstedt, Lyman. "The American Religious Landscape and the 2004 Presidential Vote: Increased Polarization." 15 Dec. 2009 .
While abortion is not banned, it is not encouraged either. Its lack of acknowledgment at the state and local policy level demonstrates the lack of priority or evasion of the government to acknowledge abortion as a healthcare service that must be stated specifically as a subsidized service by the federal government.
Interestingly, with the approval and passage of the Affordable Care Act (or "Obamacare"), federal policy on abortion remains vague if not directly banned or discouraged. While abortion is not explicitly stated as a health service that will be subsidized under this new healthcare law, it is contended that abortion services and its funding are "always included unless it's explicitly excluded" (O'Neil, 2012). Thus, women can avail of abortion services as a healthcare and preventive service subsidized by the federal government and covered in health insurance plans.
This new development in the federal policy on abortion is a step forward…
"Federal and state bans and restrictions on abortion." (2012). Planned Parenthood Action Center. Retrieved 28 July 2012. Available at: http://www.plannedparenthoodaction.org/positions/federal-state-bans-restrictions-abortion-644.htm
O'Neil, T. (2012). "Obamacare and abortion: Health overhaul could lead to federal subsidy of abortion, critic says." The Washington Free Beacon. Retrieved 28 July 2012. Available at: http://freebeacon.com/obamacare-and-abortion/
Santelli, J., M. Ott, and M. Lyon. (2006). "Abstinence and abstinence-only education: a review of U.S. policies and programs." Journal of Adolescent Health, Vol. 38.
Federalism and Religious Freedoms: The Importance of and the Adherence to the Separation of Church and State in a Multicultural Environment
Although it is clear that many religious concepts were embedded into the original drafting of the Constriction and the Nation's laws, maintaining a separation of church and state in the official capacity allowed the country to prosper in many ways. Having civil laws that govern beyond religious controls allows for a level of stability that can accommodate many difference ideologies.
Federalism and Religious Freedoms
A Federalist design works to protect religion and religious leaders by allowing them to operate freely without any state intervention.
• Although religions receive many protections, there are many issues that put the church and state at odds when the religious ideology conflicts with the secular freedoms which have been present since the founding in varying forms and degrees; obvious examples in today's…
Delegates' top priorities include the following. First, the delegates set out to revise the Articles of Confederation to weaken the power of the state legislatures and increase the powers of the central government. Delegates also sought changes in the ways states were represented in the federal government and introduced the concept of separation of powers to create a system of checks and balances. Debates between federalism and republicanism brewed during the Constitutional Convention, as delegates like Alexander Hamilton favored an exceedingly strong executive branch whereas traditional republicans hoped for term limits for elected officials. Compromise was a must and the Constitution of the United States reflects the confluence of republican and federalist values.
Second, the delegates heatedly debated the question of how to deal with slavery. An abolitionist movement had taken root in Europe and delegates were forced to address concerns about the international and inter-state slave trade. Once again,…
Articles of Confederation." MSN Encarta. Retrieved Oct 13, 2006 at http://encarta.msn.com/encnet/refpages/RefArticle.aspx?refid=761567227
Hamilton vs. Jefferson." Retrieved Oct 13, 2006 at http://countrystudies.us/united-states/history-41.htm
Lloyd, G. (2006). "Introduction to the Constitutional Convention." Teaching American History.org. Retrieved Oct 13, 2006 at http://teachingamericanhistory.org/convention/intro.html
Wilson, a student of public administration, favored more governmental regulation and action during a time when large monopolies still existed. He saw the role of public administration as "government in action; it is the executive, the operative, the most visible side of government, and is of course as old as government itself" (Wilson 235). The pendelum swung, though, and the government was blamed for many of the ills that caused the Great Depression. Franklin oosevelt, despite being called draconian, knew that he had to launch programs that would have a quick effect upon the struggling economy; resulting the New Deal -- a complex, interlocking set of programs designed to produce jobs, economic recovery, and fiscal reform of banking and Wall Street -- exactly what was needed, it seems to turn the Titanic in a new direction (Badger). Then, of course, came the war, which stimulated the economy like nothing else,…
Badger, A. FDR - The First Hundred Days. New York: Macmillan, 2009.
Cooper, P. Public Law and Public Administration. Englewood Cliffs, NJ: Prentice Hall, 1988.
Fesler, J. "Public Administration and the Social Sciences: 1946-1969." Mosher, F. American Public Administration: Past, Present, Future. Washington, DC & Birmingham, AL: The University of Alabama Press, 1975. 97-142.
Halberstam, D. The Fifties. New York: Ballantine, 1994.
Another example is drinking laws are defined by each state, but the federal government passed a law stating they would not provide monies to any state that did not raise their drinking age to twenty-one years of age .
lock grants have been part of the United States federal system as early as the late 1960's . lock grants are fixed -- sum of federal grants to state and local governments which allows them to design and implement programs . Examples: Child Welfare: gives states option to receive Title IV-E Foster Care funding as flexible Grant; Medicaid: gives states the option to consolidate Medicate and SCHIP funding into state acute care and long-term care allotments. A block grant has different budgetary implications from an entitlement. While both block grants and categorical grants are normally financed by fixed appropriations, entitlement funding is usually open-ended . lock grants give Congress…
Block grants have been part of the United States federal system as early as the late 1960's . Block grants are fixed -- sum of federal grants to state and local governments which allows them to design and implement programs . Examples: Child Welfare: gives states option to receive Title IV-E Foster Care funding as flexible Grant; Medicaid: gives states the option to consolidate Medicate and SCHIP funding into state acute care and long-term care allotments. A block grant has different budgetary implications from an entitlement. While both block grants and categorical grants are normally financed by fixed appropriations, entitlement funding is usually open-ended . Block grants give Congress more authority and be in command of over future spending, entitlements are more responsive to macroeconomic conditions .
Welfare Reform Act of 1996
Welfare Reform Act of 1996 was signed into law by President Clinton on August 22, 1996. This law changes how government financial assistance is administered including: changing federal funding to states from an open-ended entitlement to a series of capped block grants allocations; sets time limits on entitlements and cash assistance to welfare recipients; requires more welfare recipients to engage in job programs, and enforces collection of unpaid child support, and denies legal immigrants from collecting SSI and food stamps. The legislative goals of the Welfare Reform Act of 1996 was to reduce dependence, to reduce child poverty, and to reduce illegitimacy and strengthen marriage. This reform has been effective in meeting each of these goals.
Thus, Scott was always a slave in areas that were free" ("Classifying arguments," Landmark Supreme Court Cases, 2009).
After the Scott decision, advocates of compromise between slave and free states such as Senator Henry Clay found their views legally invalidated. Clay had advocated the doctrine of popular sovereignty: that states should decide whether slavery was prohibited or permitted within their borders. As a result of Scott v. Sandford Northern states that had abolished slavery would now be forced to harbor slaves within their borders, if residents of slave states transported their 'property' to free states. To a slave-holder, being able to transport his or her property to the north was akin to being able to take a piece of luggage across state borders and retain his or her control over the property.
Southern states had always stressed the inclusion of slavery within the Constitution, and generally disregarded the Supremacy Clause,…
"Classifying Arguments in the Case." Dred Scott v. Sandford (1857) Landmark Supreme Court
Cases. November 17, 2009. http://www.landmarkcases.org/dredscott/arguments.html
governments made part organizations laws electronically. Use Internet compare state's issues policies stateline.org. Compare issue states regions country describe state addressing issue. What aspects federalism reflected states' approach policy making area? Does federalist structure government hinder public policy effort issue states address? Support answer.
State government issues: Approval of charter schools
One of the most controversial issues primarily governed by the states is that of education. Although public schools are locally-funded, how schools provide education and how funds for schooling are appropriated differs from state to state. This can be seen in the current debate over charter schools in Georgia and New Jersey. These debates are not financial, but rather "have centered around power: Who has the power to create new charter schools?" (Wieder 2012). ecently, Georgia loosened restrictions on the approval of new charter schools, "regardless of whether local authorities want them or not" (Wieder 2012). However, in New…
Wieder, Ben. (2012). Two states, two different paths on charter schools. Stateline. Retrieved:
M5D1: Federalism and Emergency Management Grant
Our proposed grant would be designed to support the education of up-and-coming law enforcement candidates in the field of homeland security. States would be able to apply for a grant to provide scholarships to students at their state universities in the field of criminal justice who specifically wished to study this area of enforcement and serve in a criminal justice agency within the state for a specific number of years after graduation. This would encourage more highly-trained personnel to enter the field of criminal justice and better infuse recent academic knowledge about fighting terrorism and other critical areas into the actual hands-on practice of law enforcement agents in the field.
The program would be mutually advantageous to students and the states. Students would gain support for their education and would also have assurance about finding a job after leaving school. States would be able…
Citizen Corps. (2014). DHS. Retrieved from:
RICHARD BROWN M5D1
Having coordinated responses to threats such as
When the Affordable Care Act was upheld by the Supreme Court, several people commended the Court for refusing to remove the only social protection they had which was established and improved by the New Deal as well as the Great Society. The House of Congress agreed to allow certain states have a significant level of command on the way federal programs such as Medicaid were implemented on the condition that it would be free to set up and enlarge its planned national entitlement schemes (Brown-Nagin, 2013). A huge disagreement in the beliefs of federalism has been bared for all via the suits contesting the Obamacare mandate. A school of thought believes that the government should get involved even constitutionally in situations when certain states do not have individual capabilities to settle a particular dispute. This school also believes that the main reason why the Constitution clearly specifies national bodies is…
, although more governments are including citizen satisfaction survey results to address the lack-of-quality-indicators criticism. Ultimately, the article's key findings can be summarized in the four lessons learned from the states that the authors provide: (1) the importance of working proactively to identify roles and responsibilities; (2) the importance of committed leadership; (3) the importance of balancing political, managerial and performance measurement accountability; and (4) The importance of clarity and simplicity.
The article also brings to light the legitimacy of other readings in this unit; most notably, Wamsley and colleagues' (1987) Public Administration and the Governance Process. Although this essay was written almost a quarter of a century ago, the statements expressed about accountability and transparency are as relevant today as they were at the time of the writing. Wamsley et al.'s "concern for the more inclusive principals we commonly call the public interest" (p. 301) largely mirror the concerns…
Behn Robert. "The New Public Management Paradigm and the Search for Democratic Accountability," International Public Management Journal. 1998. (1:2):131-164
Brown, Trevor and M. Potoski. Transaction Costs and Institutional Explanations for Government Production Decisions. Journal of Public Administration Research and Theory. 13:4 (2003): 441-468.
Johnston, Jocelyn, Barbara Romzek and Curtis Wood. The Challenges of Contracting and Accountability Across the Federal System: From Ambulances to Space Shuttles. Publius: The Journal of Federalism. 2004 (34:3): 155-182.
Klingner, Donald, John Nalbandian and Barbara Romzek, Politics, Administration and Markets: Conflicting Expectations and Accountability. American Review of Public Administration. 32:2 (2002): 117-144. .
Johnson rebuked generals and Congress continued to pass into legislation laws Johnson had vetoed. Johnson's antics caused more and more supporters to abandon him, and impeachment became a very real concern.
Congress voted to impeach Johnson in 1868 after he violated the Tenure of Office Act and tried to remove Secretary of War Stanton, but the Senate did not convict him. During this time, a struggle between the court system and Congress also developed, which in effect allowed the court to send a message that econstruction was not a constitutional problem but a political one. Ultimately, the power struggle showed the viability of the Constitution and American federalism. While the struggles were great, the Supreme Court, Congress, and the President all survived the crisis and supported the separation of power that separate the three branches of government.
By driving a wedge between the Congress, the judiciary, and the presidency, Andrew…
McPhearson, J.M. (2001). Ordeal by fire: The Civil War and reconstruction. New York: McGraw Hill.
What was Madison's Dilemma and what was his solution to it?
James Madison's dilemma primarily hinges on the idea that "men are not angels," that if the contrary was true, then no form of government would be needed. However, because men are truly not angels, government is a necessary system. This brings about a dilemma to Madison, who views this roundabout thinking as a paradox: even with government, how does one prevent man from his non-angelic, corrupt behaviors? What separates government from the common man? Madison's solution, then, is a separation of powers, a "checks and balances" system in the judicial, legislative, and executive branch. In this manner, each branch limits powers of the other branches, and can also resist major influences within the separate branches.
What is the process of incorporation and what is its constitutional basis?
The incorporation doctrine -- or the "incorporation of the Bill…
American Colonial experience and the Articles of the Confederation influence the content of our Constitution?
he American colonies existed as separate political entities. he only attempt to consolidate any of the colonies under one united government was that of the ill-fated "Dominion of New England," an attempt to reign in the independent colonies by a monarchy (that of James II) that was thought by many to want to 'catholicize' the Anglican church in the late 1680's. Administration had to be done at a local level because of the inferior condition of the roads. he advent of newspapers and printing presses in the mid-1700's was really the first non-commercial link between colonies; often colonies had been openly hostile to one another. For instance, dissenters that disapproved of the government of Massachusetts founded Conneticut, New Haven, and Rhode Island. he consolidation or division of colonies, when it occurred, happened by skillful diplomacy…
THE SUPREMACY DOCTRINE basically states that national laws have supremacy to state laws. This is why the Bush administration can tell California to 'reign in' their medical marijuana laws. Because national law is predicated on the dogmatic belief that marijuana has no medical uses, it is what is considered a 'schedule one' drug such as heroin or LSD.
c. In this context, JUDICIAL REVIEW is the power of a court to review a law or an official act of a State for the violation of basic principles of justice. If DEA agents or federal marshals were to arrest a pharmacist for selling marijuana, the case would ultimately represent the interests of California vs. those of the federal government and be taken to the Supreme Court, the highest court in the land. (no pun intended)
D. FEDERALISM is the idea that the national government should have jurisdiction over state or local governments. Whereas originally the central government derived its power from the States (people after the revolution would say 'the United States are,') currently administrative law is the law of the land; for instance, executive orders take precedence over even Constitutional law. In the context of the medical marijuana debate, California would not be able to maintain policies that violated federal law. In extreme examples such as that of school integration in the 1950's, the federal government has even sent federal marshals to uphold federal laws.
James Morone's By the People: Debating American Government addresses the meaty topics of federalism and nationalism. These trends in American political discourse have shaped much of American history, and it is crucial to engage in intelligent debates on these topics. Morone does an excellent job of presenting all sides of the debate and allowing readers to make decisions accordingly.
First, Morone presents an overview and definitions of terms, starting with the question, why federalism? The author responds to the prevailing federalist and anti-federalist beliefs by showing why a strong federal government might have been appealing to early American statesmen. In particular, Morone notes that the fragmented colonial governments needed to reconcile their interests in national security and free trade. Federalism arose largely out of practical matters. Choosing federalism often involves making calculated compromises between local self-interests and the resources that can only be generated on a larger scale. However, Morone…
Morone, J. (2012). By the People. Oxford University Press.
The truth is that the forefathers were actually quite surprised at the effect that the signing of the Constitution had created in America; at the democratic society and government that resulted after the ratification of the Constitution.
The ratification in itself was a long one, and it involved in essence the perusal of the written Constitution by each state for ratification purposes, for which each state was required to create an independent ratifying committee headed by special delegates. The discussions of the advantages and the disadvantages of the newly written constitution of America began almost immediately after it was signed, and the two opposing factions of the Federalists to whom the majority of the forefathers belonged, and the Anti-Federalists who formed the opposing group brought these forth. The situation in America at the time of the writing of the Constitution was that of pro-democracy. The political as well as the…
Encyclopedia: American constitution. Retrieved at http://nationmaster.w2n.net/encyclopedia/American-constitutionAccessed on 4 October, 2004
Encyclopedia: American Revolutionary War. Retrieved at http://nationmaster.w2n.net/encyclopedia/American-Revolutionary-War . Accessed on 4 October, 2004
Encyclopedia: Articles of Association. Retrieved at http://nationmaster.w2n.net/encyclopedia/Articles-of-AssociationAccessed on 4 October, 2004
Encyclopedia: Articles of Confederation. Retrieved at http://nationmaster.w2n.net/encyclopedia/Articles-of-Confederation . Accessed on 4 October, 2004
At the time the U.S. Constitution was ratified, the new America of the 19th century saw its indigenes with varied political opinions. Those in favor of a powerful central government and therefore, a restraint of the powers the states possessed were part of the Federalist Party; those with the belief that interpretation should be given to the Constitution in order to reduce the powers the national government wields, which would further empower the states, became part of the epublican PartyTherefore, The Federalists adopted a nationalistic opinion; the epublicans, although they would not refute the efficiency of the central government, held the opinion that certain rights ought to be kept for the states. Thus, this essay will explore the aforementioned idea (Writer Thoughts). It will examine how the Federalist philosophy and ideas shaped modern American Society.
Supporters of the Constitution
The proposed American Constitution's advocates labeled themselves as "Federalists."…
Boyd. "American Federalism, 1776 to 1997: Significant Events." USA Embassy. N.p., 1997. Web. 29 Mar. 2016. .
"Constitution of the United States." The Free Dictionary. N.p., n.d. Web. 29 Mar. 2016. .
"Federalists." U.S. History. N.p., n.d. Web. 29 Mar. 2016. .
MacDonald, William. Select Documents Illustrative of the History of the United States, 1776-1861. N.p.: Macmillan, n.d. Google Books. 1905. Web. 26 Mar. 2016. .
eber and Spencer took this further and say the need for government control over some aspects of society, but not those that removed decisions and rights from the individual. Thus, as adults and citizens the government should offer structure and guidance in a manner that is consistent with the social goals of the Enlightenment; namely allowing actualization without overly reducing individual decisions and actualization.
Aristotle. Nichomaecean Ethics. New York: Nuvision Publications, 2007. Print.
Barry, B. hy Social Justice Matters. Malden, MA: Polity Press, 2005. Print.
Bayer, R., ed. Public Health Ethics. New York: Oxford University Press, 2007. Print.
Constitutional Rights Foundation. "Plato and Aristotle on Tyranny and the Rule of Law." Fall 2010. crf-usa.org. eb. April 2013. .
Gay, P. The Enlightenment - the Science of Freedom. New York: .. Norton, 1996.
Porter, R. The Enlightenment. New York: Palgrave-MacMillan, 2001.
Sharma, C. "Beyond Gaps and Imbalances." Public Administration…
Aristotle. Nichomaecean Ethics. New York: Nuvision Publications, 2007. Print.
Barry, B. Why Social Justice Matters. Malden, MA: Polity Press, 2005. Print.
Bayer, R., ed. Public Health Ethics. New York: Oxford University Press, 2007. Print.
Constitutional Rights Foundation. "Plato and Aristotle on Tyranny and the Rule of Law." Fall 2010. crf-usa.org. Web. April 2013. .
value of the traditional managerial approach to public administration?
Providing for political representation in public administration
Which of the following best describes "externalities"?
They are profits
They are always in the public interests
They are costs absorbed by the manufacturers of products
They are created by economic activities but not accounted for in market transactions
The judiciary's power to dispense with the harsh application of law is known as:
Comprehensively provides for federal and state administration
Comprehensively provides for federal administration
c. Contains no provisions for public administration
None of the above
Which of the following is not associated with the traditional managerial approach to public administration?
a. Max Weber
b. Paul Appleby
c. Woodrow Wilson
d. Frederick Taylor
6. Public Administration resembles private management in that:
a. It is profit-seeking
b. It regulates the public at large
c. It provides services…
Fanning, Fred. (n.d.). Public sector safety professionals: Focused on activity or results? Best of the Best Newsletter. Retrieved: http://www.asse.org/practicespecialties/publicsector/docs/PSPS%20Best-of-the-Best%20Newsletter%20Article%202006-2007.pdf
Fessler, Pam. (2012). Struggling families lift themselves out of poverty. NPR. Retrieved:
This hurts the low-wage labor pool, which is the function of large employers that able to pool many jobs under one roof rather than many jobs under many roofs. Small businesses suppliers are often eliminated due to state government dealings with big business. States can assist with these problems by only enabling such entities to operate away from the small businesses and only operate in areas where there are a small number of small businesses with very strong customer loyalty to where the businesses in that area enjoy an inelastic demand curve and fear losing no business to the outside.
Bell . 2010. Smart Grid, Smarter City. ICMA September 2010.
Lare PV 2006. Growing Toward More Efficient Water Use: Linking Development Infrastructure, and Drinking Water Policies. Copyright EPA 2006.
San Diego Budget & Finance Committee (2006) FY 2008 to FY 2012 -- City of San Diego Five-Year…
Bell R. 2010. Smart Grid, Smarter City. ICMA September 2010.
Lare PV 2006. Growing Toward More Efficient Water Use: Linking Development Infrastructure, and Drinking Water Policies. Copyright EPA 2006.
Articles of Confederation: The Articles of Confederation were approved in November, 1777 and were the basic format for what would become the Constitution and Bill of ights for the United States. There were, of course, deficiencies in the document, this was a new experiment and getting the delegates to agree in kind to pass any sort of document was challenging at best. The Articles did allow a semblance of unity, the further impetus to remain at war with the British, and the conclusion that there would be some sort of Federal government. The Articles, however, failed to require individual States to help fund the Federal (National) government, a template for an Executive and National Judicial Branch, or the issuance of paper money and a central banking system. In essence, the largest failure was the Articles' inability to allow a Federal government to regulate commerce, tax, or impose laws upon the…
REFERENCES and WORKS CONSULTED
Amar, a. (2005). America's Constitution: A Biography. New York: Random House.
Bailyn, B., ed. (1993). The Debate on the Constitution. Library of America Press.
Beeman, R. (2009). Plain, Honest Men: The Making of the American Constitution.