Congress federalism essay paper the power under the Spending Clause to require states to undertake certain activities as a condition of receiving federal monies Thomas, federalism essay paper, This law encouraged the states to raise the… Works Cited "Title How does a federal system of government differ from other systems of government and what is the constitutional basis for nation-centered federalism? References Articles of Confederation. Urban Regime Theory in Comparative Perspective.
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The United States employ a somewhat unique system of governance, and you can show your understanding of it by writing a federalism essay. With its extensive territory and large population, the country required a robust government to sustain its infrastructure and grow into the global superpower it is today. However, its unique circumstances at the time of the formation of the nation made methods that were standard at the time inapplicable, forcing the Founding Fathers to innovate. As a result, even two hundred years later, each state retains a considerable degree of independence, even if the federal government has grown stronger since then.
Your essay can cover any of the many different topics of federalism and its theoretical and practical applications. The purpose of a country is to make sure that its citizens are as happy and comfortable as they can be, federalism essay paper. However, the task becomes complicated when the topic of what happiness means, one of federalism essay paper principal federalism essay questions, is taken into consideration. The United States use two conflicting ideas of Aristotelian happiness and utilitarianism, with the Republican and Democratic parties representing one of the opinions in the respective order.
Aristotelian theories emphasize the individual while utilitarian ones discuss the masses. The Founding Fathers can be said to have preferred the former, as they permitted each state a large degree of autonomy and self-determination. However, federalism essay paper, the historical successes of the Democrats demonstrate that the other school of thought is popular, as well. After fighting off the British in the Revolutionary War, the territory that would become the United States remained a loose alliance of small states, which can be considered a confederation. They did not want to let a central authority constrain and control their actions once again, as was the case with the British Empire, federalism essay paper. However, the system was ultimately non-viable, and the Founding Fathers had to create a more centralized country by creating and ratifying the Constitution.
Naturally, many states formed anti-federalist movements and opposed the initiative, but eventually, federalism essay paper, they agreed to it after their concerns were addressed in the Bill of Rights. The Constitution has been amended many times, but its core has remained unchanged. The United States is still a federation, and its states can adopt many critical laws without requiring the approval of the central government. The approach helps the nation introduce progressive laws and eventually have them succeed on a small scale and expand into the rest of the nation. The United States remains committed to liberty, though it adopts a degree of central control to avoid some of its problematic results.
We use cookies to give you the best experience possible. If you continue, we will assume that you agree to our Cookies Policy. Table of Contents. Learn More. Federalism is therefore defined as a coordination of the regime in which control and the influence of power is partitioned with an attempt to distribute it in the central government and the constituent supporting units. Madison alone wrote over 20 articles on the subject and helped in the development and ratification of the US constitution and the 39th article as well as Federalist 51 is regarded as the most indicative […]. Development and evolution of democracy over the centuries has been focusing on devolution of central powers of government to increase independence of the local federalism essay paper. The main agenda here is the evenness or equality on how the powers are shared between the federal government and the states governments without interfering with the rights of their people, federalism essay paper.
For instance, the states […]. The system causes government to have control of itself because of great rivalry of power between the state and the nation. The power assignments of the national government comprises of both implied and expressed powers. The Implied powers permit federalism essay paper central government to come up with decisions, which are not part of the expressed powers. Conflicts between the state and national government in the running of the United States is one of the major costs of federalism. Federalism leads to the formation of small political units that help in the […].
This has triggered the debate to shift from the state courts and legislatures to the federal courts with the interest groups looking for the best platform to present their case, federalism essay paper. Based on the three branches of a federal government, the legislative branch is bestowed with federalism essay paper responsibility of making the law. Dual federalism is a system characterized by a national government that only governs by the rules that have been laid out in the constitution, national and state governments that are supreme in their allocated spheres […]. The author examines the views of the consensus historians and the attitudes of federalism essay paper anti-federalists towards the idea of American democracy. It is because the individual at the top is held accountable by the leaders federalism essay paper the local authorities, federalism essay paper.
Top on the list is the fact that the division of power between the central government and […]. The end result showed that the federal government was using publicly owned land, which in the end, belonged to all citizens of the United States, thus the local state government had to make sure the […]. James Madison was the key player on the issue of commerce under the Articles of the Confederation, federalism essay paper. He wanted the states to maintain the standards for the success of the social programs he wanted to […]. The concept of federalism is a well-known political trend, and the emphasis on its promotion is the practice that leaders of many states adhere to and develop.
An example used to compare and contrast the two metaphors is the system of Medicaid as controlled by the federal government and by the state government. Needless to say, United States faced political and social challenges as well, and the disputes over federalism essay paper and over the legal use of marijuana in medicine are still the most burning federalism essay paper controversial issues in […]. The Constitution highlighted the fundamentals of American federalism and testified the domination of the centralization. As it can be view, the problem of centralization and decentralization was of great concern in the course of the […]. We will write a custom essay specifically for you!
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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. Namely, the central government finances the operations of the provinces…. Works Cited Agulanna, Joe. Financial Times Information. Jost, Kenneth. Federalism 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…. References Boyd, Eugene. htm "Constitutional Topic: Federalism. For example, in , an inmate sought access to an abortion, which was initially denied. Supreme Court unanimously ruled, without offering opinion, that the woman be allowed to have [an] abortion. 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 , 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…. Works Cited Dawe, Jonathan. Federal Government: Mayer: Inmate Abortion Battle Just Warming Up. Dexter Daily Statesman.
The Federalist Society for Law and Public Policy Studies. The Federalist Society. constitution and the delegated powers the national government has according to the U. constitution makes the shift of powers from the federal government to the state governments limited by the existence of the U. 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. 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…. References Longley, R. Federalism: National vs. State GovernmentThe powers of national and state governments. Retrieved: September 16, htm MacDonald, E What the Fed's Rescue of AIG Really Means. Retrieved: September 18, 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. Essentially, the federalists and anti-federalists operated from completely different…. References Brutus htm Hamilton, A. The Federalist Papers: No. asp Henry, P. Speech of Patrick Henry, June 5, php Madison, J. The Federalist Papers: asp Madison, J.
The Federalist No. Federalism 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 with the passage of the National Minimum Drinking Age Act. This law encouraged the states to raise the…. Works Cited "Title Senate, Reducing Underage Drinking. Washington DC: National Academy Press, Federal 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…. References Jeffrey, T. Authors of social security believed it was unconstitutional.
American federalism, past, present, future. html Norton, G. Breaking: Supreme Court rules Social Security is constitutional. Daily KOS. Federalism in U. History The word federal denotes alliances between independent sovereignties. 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. 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. 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, , p. The U. Overlap occurs, but two legally distinct spheres of government exist. Supreme Court serves as legal arbiter of the federal system in regard to conflicting claims of state and national governments. The principle of American federalism, created in the eighteenth century, was bold and has greatly affected U.
Main Part: Federalism in the United States has evolved quite a bit since it was first implemented in Pre-Federalism Period: 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. Political scientists define two types of federalism in the history of the United States: dual and cooperative.
Dual Federalism Phase Part I: -- 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, 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, , p. 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. 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. San Antonio Metropolitan Transit Authority 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…. References Archives. html Cornell. San Antonio Transit Authority No. Cornell Law University. United States" in Legal Information Institute. html Spitzer, Roberst. 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, , USA's Gulf Coast was hit by the Hurricane Katrina. com, n. 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…. References n. Science News, Articles, and Information - Scientific American. Hurricane Protection for New Orleans Debated - Scientific American. Occupational Safety and Health Administration - Home. Hurricane Preparedness and Response - Preparedness. html Reese, M. Carolina Fire Rescue EMS Journal: Your Source for Fire, Rescue and EMS News and Reviews. Federalism, Unitary, And Confederation Federalism: Federalism is a political system of governance in which powers are divided among two levels of government, i.
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…. Works Cited Davidson, Roger H. CD-ROM Version, Federal Government.
Columbia University Press. New York, Theories of Government. Thinkquest Website. html The word federal comes from the Latin term fidere, meaning "to trust. 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. 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.
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. References "Federalism. Lopez: A Case Brief Summary. html United States v. Lopez , U. 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 , 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. Even though federalism is not mentioned explicitly in the constitution it however one of the many concepts that…. An Introduction to American Politics Kelemen D. The Rules of Federalism: Cambridge, Harvard University Press Schechter S. 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. government during the late s through the early s. 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 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 , 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. 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. 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. Since the founding of the United States in 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 What…. 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. 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 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 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 , p. Proposers of the reform i. 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, 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. 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…. References Puerto Rico Statehood Amendment.
htm Sin Taxes. Six Taxes. Connecticut Voices for Children. Fiscal Federalism 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. But the need for more efficiency does not mean that the entire program should be scrapped. During the recent 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…. References Williams, Bob. The most egregious budget gimmicks of 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" , p. Conclusion 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. 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…. References Cuccinelli, K. Why the debate over the constitutionality of the federal health care law is about much more than health care. Loyola, M. Trojan horse: Federal manipulation of state governments and the Supreme Court's emerging doctrine of federalism. May, J. 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, 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, 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, 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 Pollack and Kilgore, 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. 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, 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, Another means to deal with the….
References Penner, R. Tax Policy Center Woolley, J. 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…. Reference Reid, T. 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 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 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 in the Treaty of Paris. The ECSC paved the way for the integration of Europe, followed by the European Economic Community EEC in and the European Union EU of 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.
fascism, genocide, etc. 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. 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 Federalist movement surrounding the writing and eventual ratification of the U. 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 midth 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 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.
status of federalism within the U. 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. Conceptual Framework unique federal system of government to replace the original Articles of Confederation was established b the U. 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…. References Brock, P. Supreme Court Justice Thomas Smith speaks. Montpelier Magazine Spring, , Harrisonburg, VA: James Madison University, Montpelier. Eastman, J. Re-entering the arena: Restoring a judicial role for enforcing limits on federal mandates. Greve, M. The supreme court's federalism. AEI Federalist Outlook, 2 August Jeffrey, K. Guide to regulatory reform: The federalism rule. Brief Analysis No. 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 , 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….
References GONZALES V. OREGON U. html TENNESSEE V. LANE U. 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, 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 , the Constitution was approved by the States; ratification of the conventions convened took place. The period from to has been regarded as the Federalist Perios, 'the period takes its name from the dominant political party of the time, which believed…. References Michael Mcguire. American Federalism and the Search for Models of Management. Public Administration Review. Volume: Issue: 6. American Society for Public Administration. Stever, James a. The Growth and Decline of Executive-Centered Intergovernmental Management. Publius: The Journal of Federalism Vol.
Stoker, Gerry, and Karen Mossberger. Urban Regime Theory in Comparative Perspective. Environment and Planning C: Government and Policy Vol. Stone, Clarence. Regime Politics. University Press of Kansas. 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 to the end of World War II in the lights of broad and diverse academic resources. Bibliography 1. Boka Eva : The Democratic European Idea in Central Europe, Federalism contra Nationalism Specimina Nova, University of Pecs, Boka Eva : In Search of European federalism. Society and Economy The Journal of the Corvinus University of Budapest , Levi, Lucio ed.
Franco Angeli, Milan 4. Lindberg, Leon : The Political Dynamics of European Economic Integration. Stanford University Press. 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 -- , composed of representatives of the respective territories.
Its key features were power-sharing, bargaining and compromise-seeking Kitschelt and olfgang Following the dissolution of that Empire in , 39 territories formed, under Napoleon's protectorate, the Rheinbund Rhine-Confederation which was unwieldy and inefficient. The Vienna Congress in established, the confederal Deutscher Bund, as successor of the Old Empire and with…. Works Cited Kitschelt, H. Scarrow, Susan. If you are studying politics you are most probably often assigned with writing texts about political systems. Federalism essay is hardly an exception. Papers on these topics might seem really hard to write but after reviewing samples of the essays on federalism you will be more prepared. Just start with Read more. Understanding Federalism: The Division of Power Between The National and State Governments words 2 Pages.
Under the Constitution, power is divided between the national and state governments. This sharing of power is known as federalism. Federalism in the United States can be seen as resulting from the political views of the founders, who were suspicious of strong government and wanted Discuss the advantages and disadvantages of federalism. How does a federal system of government differ from other systems of government and what is the constitutional basis for nation-centered federalism? The advantages of federalism are that it provides a local perspective on politics, and allows for Federalism is a system that is embedded into the politics of the USA; federalism involves the sharing of powers between the different levels of government: the State governments and the Federal government.
Federalism is a significant factor in the USA, but it does not even The first 5 presidents of the USA faced vast demanding situations as the new state managed financial struggle, widely wide-spread clash, rising political factions, territorial development, and new divisions of intensity. Every factor of the new countrywide government and the federal courting with the states American Constitution Anti Federalist Federalism. For most of their lives, Alexander Hamilton and Thomas Jefferson squabbled over countless things. Perhaps the most important thing that they disagreed on, however, was the amount of power that the federal government should wield. Hamilton was adamant that the it was crucial for the Alexander Hamilton Federalism Thomas Jefferson.
The Anti-Federalist Papers is a very interesting book about the government development of USA and the disagreements with its first documents by Ralph Ketchum. The introduction of the book is written by Ketchum, however, the resources in it was published in the period in Anti Federalist Federalism The Federalist Papers. Thomas Jefferson and Alexander Hamilton are considered to be among the founders who shaped the history of America into what it is today. The two were evidently political enemies who had very different views on the governance at that time. The history of America has Anti Federalist Federalism Thomas Jefferson. Its March 23, and the Second Virginia Convention is meeting in St. A man named Patrick Henry, an anti-federalist, is called to propose his resolutions for creating a militia, or an army in which Virginia will have a defense.
His resolutions turn Anti Federalist Federalism Patrick Henry. Introduction A federal state is one in which sovereignty is constitutionally split between at least two territorial levels so that independent governmental units at each level have final authority in at least one policy realm. While federalism is considered a successful political tool to enhance Federalism Forms of Government. Tyranny is exhibited in many ways. In our founding fathers met in Philadelphia to discuss a problem, The Articles of Confederation were not working. So after a long debate, they made a decision, to throw out the old and in with the new.
Constitution Federalism. Federationalism to authoritarianism to totalitarianism An authoritarian government is one which believes in a blind rule to authority, little individual freedom, and focuses on the wills and needs of the ones in authority before the rest of the country. This can create much corruption in Bryce and Grodzin have very different views on the separation of the federal and state governments.
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