Federalism Essay

3558 words - 15 pages

What is Federalism? |
Professor Mechelle Smith |
David E. Thomas |
5/25/2015 |


Federalism is a term that is timeworn, but is quite important in American history due to its lineage and how it affects government-both Federal and State. American Federalism is not a static set of arrangements, frozen in time by the United States Constitution but a dynamic, ever-changing, multi-dimensional process that has economic, administrative and political aspects as well as constitutional ones (Katz, 1997).
So, what is Federalism? Federalism is a system that power is distributed between the Federal Government and the States. ...view middle of the document...

Alexander Hamilton (The first Secretary of the Treasury) created the National Bank to aid Congresses ability to invent money. This is challenged in the Supreme Court case of McCullough v Maryland, 1819 (Regents Prep.org).

Today, the Federal Government still has the overall, absolute power to print and coin money. This power is distributed through to the Federal Reserve (The Fed). No state has the authority or ability to procure its money. This practice hasn’t existed since before the establishment of the Constitution during the time of the Articles of Confederation (Wilson, Dilulio, Bose, 2014).
The second example that will be discussed deals with the regulation of trade, both Interstate, and International, though this particular issue has been ongoing since the Constitution was established in 1787. Congress was granted the power to conduct business whether interstate or International by the Constitution through the Commerce Clause. This phrase is one that the ordinary American knows nothing about, but the Commerce Clause has been around for many years and will certainly be around for many more (Bill of Rights Institute, 2013).
With the passing of the 14th Amendment in 1868, as well as the 16th and 17th Amendments in the following century, the structure of the Republic was changed. States powers were lessened, and the power was shifted to the Federal Government (Bill of Rights Institute, 2013; Williams, 2007).
But the commerce clause; just what is the Commerce Clause? Well, the commerce clause is found in the Constitution; Article I, section 8, which states…. “Congress shall have the power to regulate commerce with foreign nations and among the several states and with the Indian Tribes” (U.S. Constitution, 1787). Also mentioned from a Supreme Court case, the case of Gibbons v. Ogden, 1824, which states that Congress has the power to regulate how commerce is to be governed. As such, that applies to interstate commerce (Bill of Rights Institute, 2013).
Now, most folks know that we trade between nations and we also know about interstate trade or commerce. We see large 18 wheelers going down the highway every day, carrying their cargo to their destinations. So we see Business in motion. But as far as the Commerce Clause is concerned, most people wouldn’t have a clue as to what this might be. It seems that the Commerce Clause is important for many reasons and in so many ways.
Another case involving the Supreme Court and the Commerce Clause occurred in 1918, involving Hammer v Dagenhart, 1918.(Bill of rights Institute, 2013) The court ruled that the Federal Government could not outlaw child labor laws in manufacturing situations where the process was held in one state and didn’t cross state lines. The Court didn’t agree that the Federal Government could legislate on this issue.
But the Court did make mention that the tenth (10th) Amendment left this power to the States (Bill of Rights Institute, 2013). The...

Other Essays Like Federalism

A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development

2760 words - 12 pages V SEMESTER B.A.LL.B.(HONS.) COURSE  ARTICLE SUBMISSION A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development For the academic year 2014-15  Prepared & Submitted by: Submitted To : Bharat Singh (12BAL112) Ms. Alinkrita Tripathi Acknowledgment This study is the culmination of the efforts of a number of individuals and organizations. I gratefully acknowledge the support and

To What Extent Can Spain Be Callled Federal When Compared with German Federalism?

2319 words - 10 pages To what extent can Spain be called federal when compared with German federalism? This paper will serve to answer the question in the subject. It is important to bear in mind that this question will be answered via a comparison. Because of this comparison a certain structure is maintained during this paper. It will discuss the key points of the German political form first, where after the key points of Spain will be discussed. These two forms

Ap Government and Politics

1394 words - 6 pages Chapter 3 Ap Government Devolution revolution – The effort to slow the growth of the federal government by returning many functions to the states. Federalism – Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States. The national and the subdivisional governments both exercise direct authority over individuals. Dual federalism (layer cake

Political Ideologies

829 words - 4 pages Appendix A Submission Abstract Defining political ideologies and describing the difference between Liberal, Conservative and Libertarian. Discussing the positions these groups support. What the formal process is of amending the Constitution and why it was designed this particular way. Discussing the role of the Court in the development of Federalism and the allocation of federal and state powers with in our U.S. system and how throughout


885 words - 4 pages 1965. In this paper, the key points that will be discussed are obamacare policy, it pros and cons, if it raises any issues with federalism and the policys effectiveness. Obamacare is aimed at helping the underinsured to gain insurance. With this plan everyone would have health insurance regardless of income, or anything that would stop the person from attaining health insurance. The Affordable Care Act is a watershed in U.S. public health

Court History and Purpose Paper

674 words - 3 pages . reinforcing the social norms. However in the United States we have what is referred to as a dual court system. A dual court system can be defined as a judicial system comprising federal- and state- level judicial systems. A dual court system separates federal and state courts. According to the book a dual court system is advantageous and desirable because it is parallel to federalism. Federalism is a system of government where power is

Should the Electoral College Be Abolished?

1009 words - 5 pages , changing the fact that the states choose the president would remove the important aspect of federalism. Federalism is a key concept of the political culture of the US, as the Founding Fathers made the voting system in this way so that each state has its interests fairly represented. The system ensures a voice for smaller parties by giving them a minimum of 3 electoral votes. A system based on a national popular vote would mean the voices of these

Most Significant Events

2056 words - 9 pages had gained during World War II, the Nation’s leaders felt it necessary to deal with any kind of threat of communism quickly and by force if necessary. The United States and its allies wanted to put an end to communism, this policy would be known as containment. 1970’s New Federalism, New hope On a daily basis many important decisions are made by our national government that has a major impact on our lives. As well there are many

Is the Eu a Federal State?

3188 words - 13 pages system. Federalism and the Political System According to Douglas V. Verney, federalism proper involves three fundamental principles: - A constitutional distribution of powers. - The separation of the executive and legislative branches of governments. - A division of the legislature into two roughly equal chambers. It is only in the first of these criteria that the European Union does seem to conform. There is no

The Impact Of The Governance System

1410 words - 6 pages Introduction Marble Cake Federalism, also known as Cooperative Federalism is defined as an intertwined relationship across various levels of government. All of the power is neither held at the federal level nor shifted totally to the state level. The governmental entities work co-dependant of each other on a variety of issues and basically are trying to attain the same goals, just at different authority levels. The “No Child Left Behind

Omar Syed

519 words - 3 pages How Did the Constitution Guard Against Tyranny?There are four guards against tyranny in the Constitution: federalism, separation of powers, checks and balances, and big states versus small states. The Constitution guarded against tyranny by using checks and balances. Checks and balances is a system in which each of the three branches of government can limit the powers of the others. So, no branch can become too powerful. Without checks and

Related Papers

Federalism Essay

1059 words - 5 pages What Is Federalism? POL110 Federalism defines a concept contrary to the federal government that takes all the authority of control. Federalism implies division of command among the levels of government. The central government does not take full control of the relationships of the nation but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by

Federalism Essay

2163 words - 9 pages the power to destroy competition by taxing it out of existence, which was being used unconstitutionally against the federal government. This ruling is a prime example how the federal government has been given more power than the states. This country was founded with an idea to separate the federal government and the state government, known as federalism. The goal of federalism is to divide the power of state and federal governments, protect

What Is Federalism Essay

1142 words - 5 pages Assignment 1: What Is Federalism? Strayer University U.S. Government – POL110 November 16, 2014 This paper will be a discussion about federalism and how it has evolved to the American political system that is currently in place today. Based on the concept of federalism, this paper will also describe how political behavior has been shaped throughout history. Lastly, it will describe how U.S. policies are influenced by the relationship

Federalism And The French Canadian Pierre Trudeau

1577 words - 7 pages incompetence. Needless to say, this won him few friends from Quebec's nationalist community. Nevertheless, it is these ideas that are the basis for his 1968 compilation of essays, Federalism and the French Canadian. It provides a fascinating glimpse behind the public image of Trudeau and thirty years later shows just where he came from and what ideals and beliefs drove him.A recurring theme running through the essays in the book is an us-versus