The Federalist system in America today

[et_pb_section fb_built="1" specialty="on" _builder_version="4.9.3" _module_preset="default" custom_padding="0px|0px|0px|||"][et_pb_column type="3_4" specialty_columns="3" _builder_version="3.25" custom_padding="|||" custom_padding__hover="|||"][et_pb_row_inner _builder_version="4.9.3" _module_preset="default" custom_margin="|||-44px|false|false" custom_margin_tablet="|||0px|false|false" custom_margin_phone="" custom_margin_last_edited="on|tablet" custom_padding="28px|||||"][et_pb_column_inner saved_specialty_column_type="3_4" _builder_version="4.9.3" _module_preset="default"][et_pb_text _builder_version="4.9.3" _module_preset="default" hover_enabled="0" sticky_enabled="0"]
  1. QUESTION

     

    ritically and objectively assess one of the following questions. The assignment should not exceed 700 words. (This is not a suggestion. Assignments 700 words or longer will be penalized). While there is a strict word limit, I expect a highly substantive final product. Do not be redundant, do not waste words / sentences, and do not rely on long quotes. This will be penalized. At the same time, reference (the references can be in any format of your choosing) as much class material, textbook material, and Supreme Court (or lower Court) rulings as possible.

    This assignment is to assess your critical thinking. Please do not spend much time summarizing material that we’ve covered in class. The test is designed to gauge your understanding of the readings.

    In this assessment, I’d like to see your ability to professionally offer a quality analysis. I would like you to be assertive, but not aggressive. This means I’d like you to boldly put forth your view, but do not dismiss the other side of the argument and do not use sarcastic or dismissive language.

    Possible Topics:
    A) Assess the Federalist system in America today. In your view, do you think there is a proper balance between the power of the federal government and the states? Or do you see it as needing improvement. Use specific examples of current topics along with theory, philosophy and Supreme Court decisions that we’ve studied.
    B) Assess the Constitution through the lens of federalism. Discuss the Great Compromise, and the final product of the Constitutional Convention. Do you believe the final product has helped foster a proper federalist system suited for the United States? Or do you think some of the omitted parts of the Virginia or New Jersey plan should have been included. What do you think about the final product in Articles II and III? Could you suggest improvements on the executive of Judiciary (again, in light of American federalism)?
    C) What is your view of the 10th Amendment? Using specific examples, address whether issues such as education, the public health, safety, morals, and police powers (you don’t need to address all of these issues. You can pick just one or two if you’d like) are best left to the states or the federal government? Or a combination. Be sure to address the Constitutional concerns. Also, you may (or may not) address whether the federalist system in the United States is working properly or is there room for improvement.
    D) McColloch v. Maryland. Analyze this landmark Supreme Court decision. Express your views regarding the decision, particularly as it relates to the necessary and proper clause. What impact do you believe this decision had on the American Federalist system?
    E) Pick Your Own Topic. Choose a topic of your own. If you choose this option, your topic must be approved by me. Please email me if you intend to choose your own topic. We can agree upon the specifics either through email or over the phone.

[/et_pb_text][et_pb_text _builder_version="4.9.3" _module_preset="default" width_tablet="" width_phone="100%" width_last_edited="on|phone" max_width="100%"]

Subject Law and governance Pages 4 Style APA
[/et_pb_text][/et_pb_column_inner][/et_pb_row_inner][et_pb_row_inner module_class="the_answer" _builder_version="4.9.3" _module_preset="default" custom_margin="|||-44px|false|false" custom_margin_tablet="|||0px|false|false" custom_margin_phone="" custom_margin_last_edited="on|tablet"][et_pb_column_inner saved_specialty_column_type="3_4" _builder_version="4.9.3" _module_preset="default"][et_pb_text _builder_version="4.9.3" _module_preset="default" width="100%" custom_margin="||||false|false" custom_margin_tablet="|0px|||false|false" custom_margin_phone="" custom_margin_last_edited="on|desktop"]

Answer

The United States of America operates under the federal government and the state government. All these levels of government have different branches including legislative, the judiciary, and the executive. Each level of government has got the unprecedented powers that are given to it by the constitution. The federal government has got exclusive powers like regulation of mails that state government does not give directives on. There also exist concurrent powers that both the federal and State government shares. The state government cannot make laws that are against the federal government. This paper discusses the American federal government, more powers given to the state government than the federal government, and creating efficiency by providing the federal government with some authorities the same as the State's.

The Federal government comprises three branches, which include the legislative, the executive and the judicial. The branches are regulated by the United States constitution, the Supreme Court and other courts, and the president. The State is governed by progressive federalism, which has existed since 2009. Each State in America is free to make its laws. The federal system of government was adopted to oppose the Democratic Republican Party and achieve political harmony. Furthermore, it sets all national policies for the local government and the State. The federal system gas got both express powers and implied powers (Kurtulus, 2018). Implied powers are those laws derived from the express powers, which are directed by the constitution. The Supreme Court has permitted the federal government to create regulations on some critical matters through the Commerce Clause (Tyler, 2021). It allows the federal government to give rules on interstate commerce, to the extent of even legislating civil rights.

There is no balance between the powers of the federal government and the states in the United States of America. Many powers are concentrated on the state government. Even though the federal government takes charge of all America's fifty states, there are dome powers given to the state government that it cannot regulate on. When making laws, the state governments also have no right to go against the federal government. In Section 8 of Article I of the constitution, the federal government has powers to regulate money, form military, and create post offices. It also makes laws for the execution of the stated powers. Compared to the state government, which has got a variety of elemental powers, the Federal government is not enough to control the states in some issues. The state government has the authority to regulate the welfare and health of the American citizens and their safety. For example, the state government can regulate criminal conduct, liabilities of the civil tort, formation of business corporations and partnerships. These powers that are only for the state government but not for the federal government are in the doctrine of Preemption (Borzel & Risse, 2020).

The little authorities given to the states highly influence the powers of the federal government. For this reason, the state governments are not allowed to make laws that dispute the federal regulations. State governments have some special powers like Ex Post Facto, which regulates the action to be taken on criminal offences that were initially not recognized by the country leadership (Graham, 2020). Some laws are only reserved for the federal government, including signing treaty formations, money coining and regulating ex-post-facto rules. They are reserved in the Preemption. To bring efficiency, the federal government should be assigned some powers, same as the state government. In case the state government fails to give a rule, the federal government can chip in.

In conclusion, both the federal government and state government work in conjunction to run the United States of America smoothly. More powers are delegated to State government since they are in direct contact with the citizens. The power division is efficient to run the states. Some powers of the State should be shared with the federal government to bring efficiency.

 

 

References

Banting, K. G. (1987). Welfare State and Canadian Federalism. McGill-Queen's Press-MQUP.

Börzel, T. A., & Risse, T. (2020). Identity politics, core state powers and regional integration: Europe and beyond. JCMS: Journal of Common Market Studies58(1), 21-40.

Kurtulus, F. A. (2019). The color of law: the forgotten history of how our government segregated America. Labor History, 60(2), 162-163.

 

 

 

[/et_pb_text][/et_pb_column_inner][/et_pb_row_inner][et_pb_row_inner _builder_version="4.9.3" _module_preset="default" custom_margin="|||-44px|false|false" custom_margin_tablet="|||0px|false|false" custom_margin_phone="" custom_margin_last_edited="on|desktop" custom_padding="60px||6px|||"][et_pb_column_inner saved_specialty_column_type="3_4" _builder_version="4.9.3" _module_preset="default"][et_pb_text _builder_version="4.9.3" _module_preset="default" min_height="34px" custom_margin="||4px|1px||"]

Related Samples

[/et_pb_text][et_pb_divider color="#E02B20" divider_weight="2px" _builder_version="4.9.3" _module_preset="default" width="10%" module_alignment="center" custom_margin="|||349px||"][/et_pb_divider][/et_pb_column_inner][/et_pb_row_inner][et_pb_row_inner use_custom_gutter="on" _builder_version="4.9.3" _module_preset="default" custom_margin="|||-44px||" custom_margin_tablet="|||0px|false|false" custom_margin_phone="" custom_margin_last_edited="on|tablet" custom_padding="13px||16px|0px|false|false"][et_pb_column_inner saved_specialty_column_type="3_4" _builder_version="4.9.3" _module_preset="default"][et_pb_blog fullwidth="off" post_type="project" posts_number="5" excerpt_length="26" show_more="on" show_pagination="off" _builder_version="4.9.3" _module_preset="default" header_font="|600|||||||" read_more_font="|600|||||||" read_more_text_color="#e02b20" width="100%" custom_padding="|||0px|false|false" border_radii="on|5px|5px|5px|5px" border_width_all="2px" box_shadow_style="preset1"][/et_pb_blog][/et_pb_column_inner][/et_pb_row_inner][/et_pb_column][et_pb_column type="1_4" _builder_version="3.25" custom_padding="|||" custom_padding__hover="|||"][et_pb_sidebar orientation="right" area="sidebar-1" _builder_version="4.9.3" _module_preset="default" custom_margin="|-3px||||"][/et_pb_sidebar][/et_pb_column][/et_pb_section]