Truly Reflect A Federalist System Essay, Research Paper
I believe that the United States Constitution does not truly reflect a federalist
system. In fact, I believe that the federalist system, in which states have
considerable power to exercise, was all but abolished by the United States
Constitution. In answering this question, ?American Government,? by Peter Wolf,
gives a few examples of what Federalism meant back in the late 1700?s, and why,
during the framing of the Constitution, there was a big debate between federalists
and anti-federalists. ?That Federalism furnishes the means of uniting
commonwealths into one nation under one national government without
extinguishing their separate administrations, legislatures, and local patriotisms?
(Wolf, 63). Back in that time period, the anti-federalists wanted many limitations,
if there was to be one national government, where as the federalists wanted one
national government controlling all the states. Federalism as a whole attracted
greater attention than any other subject during the framing of the Constitution. It
is easy to understand why the anti-federalists didn?t want to get involved with
another ?central government? considering they had sought freedom from an
oppressive British government. But, in 1787, the federalists won the debate during
the Constitutional Convention, ?which resulted in sovereign states giving up a
significant portion of their authority to a new national government…? (Wolf, 51).
In the beginning, though, only a few powers were granted to the national
government. This was before the establishment of the executive and judicial
branches of our government that we are familiar with today.
With the creation of the three branches of our government, I believe that
states had lost some considerable power. The executive and judicial branches are
federal branches of government, while the legislative branch is the only branch
that is represented by each state. Some may argue that this is the most powerful
branch of our government, but I believe that the executive branch has the most
power. Congress does have considerable power to make laws, but the president
can veto, which in my opinion is the biggest force that you can hand to one person.
After being vetoed, Congress could still make the law, but it is very hard to get a
two-thirds vote, especially when there are representatives who have the same
views, and belong to the same political party, as the president. This limits the
state?s powers tremendously, not to mention that any law that is created will be a
?federal law.?
Another example of the United States Constitution?s lack of reflecting an
anti-federalist system, is that states do not have the right to override a federal law.
Recently, there has been discussion in Alaska, and also California, to legalize
marijuana for medicinal purposes. Even if Alaska decided to go through with this,
then the United States government would intervene and tell them that it is
unconstitutional to overrule our ?national government.? This is a glaring example
of how the states do not have considerable power to exercise, as would be
accepted by an anti-federalist system. If we were in this type of system, states
would be able to decide what is right and wrong, and be able to establish laws, and
enforce them, using their own discretion. Also, state administrators are ultimately
responsible for implementing many federal policies, whether they are grant or
regulatory programs adopted under federal guidelines. In this day in age there are
fifty states, and state responses to joint programs vary tremendously. Even back
when there were just colonies and commonwealths, individual responses to laws
would vary significantly.
Furthermore, ?…under the original constitutional design, the national
government was not to intervene directly in the affairs of state governments?
(Wolf, 76). I believe that if states had considerable power to exercise, then they
would be able to make their own laws, without interference from the federal
government. In such a case, states, like Alaska and California, would be able to
decide for themselves what is in their citizens best interests. I?m not saying that
this would be a better way to run our country, but this would better represent an
anti-federalist way of thinking. After all, if there were separate laws for every
state, it would be hard for people to know every state?s laws.
The history of the United States government has seen how there is a
national dominance over the states. Decentralizing the government wasn?t brought
forward, since the early 1800?s, until the Nixon administration and the concept
of ?New Federalism.? ?The move toward decentralization was broadly supported
by the Republican Party. Revenue sharing was inaugurated by President Nixon to
transfer national funds to the states, without stipulation of how the money was to
be spent? (Wolf, 76). This program contrasted the former grant-in programs,
which only allowed states to receive money if they followed federal standards.
Block grants and revenue sharing, enacted under Nixon, Carter and Reagan,
reduced federal requirements, giving state grantee?s greater freedom.
The states and national government have different objectives, resources and
limitations which all affect how they act together in implementing programs. The
national government acts in the states in order to promote uniformity and equity.
Federal grants in aid may be redistributive or developmental in purpose and take
advantage of the national government?s greater fiscal capacity. However,
federalism focuses ?…on the distribution of power between central and peripheral
units of government? (Wolf, 77). The founders of the Constitution had very few
options when they wrote the document. The states were loosely bonded and had
little organization, so ?…[f]ederalism, then, was more than just a reasonable
principle for governing a large country divided by regional differences and slow
communications. It also was the only realistic way to get the states to ratify the
Constitution? (Wasserman, 25). Constitutional basis of the United States federal
system is Article IV (admission of new states), Article VI (national government
supremacy), Amendment X (reserved powers) and Amendment XIV (national
control of state action). The ?enumerated powers? in Article I, Section 8, list the
specific powers of the national government. While these are supposedly the only
powers it has, in fact the commerce and ?elastic? clauses have permitted great
enlargement. ?While the Constitution remains an important limit on centralized
power, the federal government has grown much stronger? (Wasserman, 26). Grant
programs are a major factor in the federal system. The grant authority is based on
exchange, not on the Constitution. If a state does not like the terms, it should
refuse the money.
One example, though, of how states had recently received some power of
local authority, is the repealing of the 55-mile-an-hour speed limit for automobiles.
There used to be a nation-wide speed limit of 55 mph, until the Senate decided, in
1995, to leave it ?…up to the states to pass their own legislation? (Wasserman, 34).
While Congress left it up to the states to decide what their speed limit should be,
under an anti-federalist system this debate would have never taken place.
Congress had passed the national speed limit in 1974, following the Arab oil
embargo and during the ?energy crisis.? ?While, under federalism, Congress could
not directly legislate a speed limit, it accomplished the same thing by threatening
to withhold highway money from states that did not comply with the federally set
speed limits? (Wasserman, 34). Although Congress also mentioned that safety
was a factor in setting this speed limit, not just oil conservation, safety was one
factor that states would argue why the speed limit should be raised. Western
states, especially, would say that anyone who drove 55 mph would risk being run
off the road by the many drivers who would drive much faster. This is a prime
example of how states have it in their best interest to decide what is best for
their own citizens. ?George Will wrote, ?The speed limit issue, having been an
energy issue and then a safety issue, now is a federalism-10th Amendment-states
rights issue, with anti-paternalism in the bargain? (Wasserman, 35).
In conclusion, I believe that the examples given, and also many more that I
haven?t explained, are the reasons that I personally think states don?t have
considerable power to exercise. I also believe that the writers of the Constitution,
and founders of this country, had no idea what type of hidden powers that they
would have given a government that is arguably the most powerful in the world.
Although there is some controversy over the degree to which the levels of
government were truly separate in their actions during the first century of the
republic, there is general agreement that there has been a progression in the shift in
power since the founding of the country, away from the states and towards the
national government. These are all reasons why I believe that the United States
Constitution does not truly reflect a federalist system.
Другие работы по теме:
Us And The Holocaust Essay Research Paper
The Response of the United States One of the questions that we frequently hear is about how the United States reacted to the Holocaust. Our answer is not a happy one. During World War II the United States took virtually no action to impede the Holocaust or rescue the victims from the concentration camps even though both Great Britain and the United States knew about that genocide.
War Essay Research Paper The war between
War Essay, Research Paper The war between Japan and the United States did not have to happen. It could have been prevented by diplomacy in 1941. The United States was Japan?s principle supplier of scrap metal and oil. In 1940 Japan signed a treaty with the government of France for the establishment of airbases in French Indochina.
Two Party Politics Essay Research Paper In
Two Party Politics Essay, Research Paper In a democracy, people rule, but an individual’s voice is easily lost in a large and diverse nation, such as the United States. A way citizens can be sure the government hears their views is to organize themselves into groups. Once such group is a political party. A political party is a group of individuals with broad common interests who organize to nominate candidates for office, win elections, conduct government, and determine public policy.
Lawgrtt Essay Research Paper The Constitution of
Lawgrtt Essay, Research Paper The Constitution of the United States and Madison’s Federalist Paper 51 draw upon the philosophy of John Locke, as expressed in his Second Treatise of Government. Madison and the framers of the Constitution looked to Locke’s ideas for justification and guidance. The Preamble of the Constitution reflects the intentions of its authors and shows the influence of Locke’s ideas.
Iriquois Confederacy Essay Research Paper The Iroquois
Iriquois Confederacy Essay, Research Paper The Iroquois are an American Indian confederacy of New York originally consisting of the Cayuga, Mohawk, Oneida, Onondaga, Seneca, and Tuscarora tribes. When the constitution of the United States was being written it was proposed that the new government should be formed along the lines of the Iroquois League of Nations, which had been functioning as a democratic government for hundreds of years.
Stealing Our Rights Essay Research Paper Stealing
Stealing Our Rights Essay, Research Paper Stealing Our Rights From the dawn of the first organized communities, to the powerful United States of America today, there have always been power hungry people who
War Of 1812 Essay Research Paper Our
War Of 1812 Essay, Research Paper Our government has gone through many changes. Our founding fathers had different ideas of how or government should be. Alexander Hamilton wanted a strong centralized government while Thomas Jefferson wanted a Democratic form of government. Today the government is a blend of both ideas.
Elimination Of Agricultural Programs Essay Research Paper
The government should eliminate all agricultural programs because they do not benefit consumers. Agree? Disagree? Why? Why not? I do not think that the government should eliminate all agricultural programs. These programs were proposed and put in motion for particular purposes. Many lawmakers worked on them.
Communism And Socialism Essay Research Paper Communism
Communism And Socialism Essay, Research Paper Communism and Socialism are types of governments that try to keep people equal. These governments grow in popularity when human society is split into the two classes of have and have-nots; thus, a struggle in social classes cause a reformation in the government.
Greece Government Essay Research Paper Government in
Greece Government Essay, Research Paper Government in Greece Our next stop on our journey through ancient Greece will describe the government of Greece to you. Ask yourself the following questions and read the answers to learn more about how ancient Greece was ruled and who made the laws that you would have followed.
Progressive Era Essay Research Paper PhilipsUS History
Progressive Era Essay, Research Paper Philips US History II During the Progressive Era in the United States, there were many changes happening. Some were happening with the people in the United States, some with the people controlling the United States, and some changes were just going on around both of them.
What Is The Greatest Benefit Of Being
A United States Citizen? Essay, Research Paper The greatest benefit of being a United States citizen is the freedom that American citizens have that the Constitution of the United States guarantees. Freedom means being able to decide freely what paths you would like to pursue without government interference.
Articles Of Confederation Essay Research Paper Argued
Articles Of Confederation Essay, Research Paper Argued from both sides, the Articles of Confederation could have been either effective or non effective for the United States government. Many aspects are looked at to determine which is true about the Articles of Confederation and one is land. After the American Revolution, Americans were granted all land up to the Mississippi River.
The Weaknesses Of The Articles Of Confederation
Essay, Research Paper The Constitution of the United States was fundamentally sound although in need of a few adjustments. It provided stability and union, a strong central government and only needed a few adjustments, one being the rights of free blacks. The Articles of confederation was the country s first true attempt at uniting the nation and having a central government.
How The Atomic Bomb Affected World War
II Essay, Research Paper Many different innovations in military strategy and weaponry effected the outcome of World War II, but none so much as the development of the Atomic Bomb. The law of supply and demand has determined
Constitutionalism The Tyranny Of The Majority Essay
, Research Paper In this excerpt from Democracy in America Alexis Tocqueville expresses his sentiments about the United States democratic government. Tocqueville believes the government’s nature exists in the absolute supremacy of the majority, meaning that those citizens of the United States who are of legal age control legislation passed by the government.
Mexican Government Essay Research Paper Type of
Mexican Government Essay, Research Paper Type of Government The Mexican type of government is a presidential federal republic. The government has a president and a cabinet. It also has a bicameral legislature, and a judiciary. The government has the three traditional branches that the United States has- the executive, legislative, and judiciary branches.
Predominance Of Christianity In The Us Essay
, Research Paper Predominance of Christianity in the United States It is not without merit to assert that the United States was founded on the corner stones of Christianity. The Puritans were relentlessly merging religion with life in an effort to transform the New World into the city on a hill. After the Constitution was adopted, however, Christianity was no longer a prerequisite for positions in the political scene.
Federalist NoS 10 51 By James
Madison Essay, Research Paper The Federalist No.?s 10 and 51 The Federalist, No. 10, by James Madison is a clear expression of views and policies for a new government. Madison was a strong supporter and member of the Federalists whose main beliefs favored the Constitution. They also believed that the Articles of Confederation needed to be rewritten so that a new central government would control the power of the states.
French Government Essay Research Paper The modern
French Government Essay, Research Paper The modern French government is run very much like the government of the United States. France is a democratic republic that is divided into three branches,
Puerto Rico Essay Research Paper PUERTO RICOPuerto
Puerto Rico Essay, Research Paper PUERTO RICO Puerto Rico, many good things come from there. Beautiful beaches, beautiful women, and a beautiful culture. However, one thing that does not come from Puerto Rico is money, tax dollars to be exact. Why is it that the United States sends millions of dollars in financial aid to Puerto Rico and nothing comes back? The Puerto Ricans are a commonwealth, not a state, that’s why.
Declaration Of Independance And The Constitution Essay
, Research Paper Throughout the history of the United States of America, America has strived to find the best form of government to please its people. The founding fathers have felt firsthand the effects of bad government which is partially responsible for the need to establish their own country. The Declaration of Independence sets the standards for how a government should be set up.
Election Of 1876 Essay Research Paper Why
Election Of 1876 Essay, Research Paper Why Hayes Should Not Have Won the Election The position of President is the most important position in the United States government. Wouldn t you think that we should have the very best man in that position that we can get? I, Samuel Tilden, feel that the Election of 1876 was a disgrace to the history of our government.
Federalism Essay Research Paper David FederalismThe current
Federalism Essay, Research Paper David Federalism The current state of federalism in the United States is of one of peril, plagued with recent Supreme Court rulings, current debates over the devolution of Federal powers, and variance in State governing. The United States has always been troubled with the role of the Federal government V.
Federal Government Essay Research Paper How does
Federal Government Essay, Research Paper How does the constitution divide power between the national government and the states? The constitution did not give the national government or the states total supremacy. Instead, power was distributed. The national government was given certain express powers, while some powers were reserved to the states.
Articles Of Confederation Essay Research Paper From
Articles Of Confederation Essay, Research Paper From 1781 to 1789 the Articles of Confederation provided the United States with an ineffective government, however there were some strong steps taken in the articles to try and
What Freedom Of Speech Means To Me
Essay, Research Paper WHAT FREEDOM OF SPEECH MEANS TO ME The Bill of Rights states, “Congress shall make no law respecting an establishment of religion, or profiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This is quite possibly the amendment that makes the United States the democratic and orderly country it is.
Federalism In Political Culture Essay Research Paper
The Significance of Federalism in Political Culture The United States government is constructed of many systems and ideas which, when bound together, create the Democratic government utilized by the country. All of
Was The Articles Of Confederation An Efficent
Form Of Government? Essay, Research Paper The articles of confederation were a somewhat effective form of governmnt for the newly founded united states. It was ineffective in many
Us Confederation Essay Research Paper The Articles
Us Confederation Essay, Research Paper The Articles of confederation were ratified in 1781 and became the first constitution if the United States of America. It provided a strong national government to make all states a single nation. The articles created a firm league of friendship, the articles had a national congress which consisted of two to seven delegates.
The Philippines And The World Market Essay
, Research Paper The Philippines and the World Market The Philippines is considered to be one of the most westernized countries in Asia. It has strong ties to the United States and the United
Annexation Of The Phillipians Essay Research Paper
In my opinion The United States ordeal with Annexing the Philippines and the idea that we had of going into war with them was great mistake and should have been avoided. The Filipinos and Americans were deadlocked in war with each other. This all became a controversy with the two nations in 1898 when the Treaty of Paris between Spain and the United Stated ceded all seven thousand islands of the Philippine archipelago to the United States, for just a mere twenty-million dollars.