I am writing about the importance of American federalism. First, I will define and explain what federalism is, the three main powers that are shared federally, and what roles state, local and national play in the federal person. Secondly, I will discuss how federalism was created in the United States of America and how certain courts have influenced the development of federalism. Third, I will discuss the importance of federalism to society, our government, and how federalism shapes the lives of Americans as a whole. Fourthly, how does federalism relate to individuals? Finally, I will discuss some of the advantages and disadvantages of federalism; the structure of the government is viewed with curious eyes.
Federalism is when power is divided between two or more levels of government (Berman 80). In addition, there are three provisions of the constitution that maintain a balance between the state and the federal government. These three provisions are the interstate commerce clause, the tenth amendment, and the general safety clause (Berman 86). First, the interstate commerce clause gave Congress the power to regulate commerce and thus impose some equality of sovereignty on the states. Hence, the interstate commerce clause was made so that national and state governments could not punish each other, but still cooperate. Second, the common welfare clause gave Congress the power to impose taxes to provide for the common welfare of the nation. This also gave Congress the power to give money to the states and tell them how to spend the money. This gives the national government great power over the states, because state governments must do as the national government says or risk losing all federal funds; thus the name “stick-and-stick” program. Finally, it is the Tenth Amendment that has kept the federal government from becoming supreme. The Tenth Amendment gives the states powers that are not delegated to the national government and is prohibited to the states to preserve the individuality of the states (Berman 84-86).
The three federal partners are the federal, state and local governments. The primary functions of federal governments are commerce, collecting taxes, providing for national defense, currency, and handling foreign affairs. On the other hand, state governments, often overlooked, have the power to affect the individual more than the federal government. State governments regulate intrastate commerce, handle law enforcement, issue licenses, create prisons, initiate gun laws, to name a few. In addition, there are local governments that are given public money for the use of education, roads, and other public services.
What the founders had intended for the confederation had come a long way. The authors wanted to create a political system that combined the features of both the state and the national government, “A central government, strong enough to deal with larger national problems and a decentralized government at the state level, to address the needs of people to state and local governments” (Bernam80). After many years and supreme court case regulations, the state and the national government have created a new type of relationship in which the two systems are more mutually exclusive they were dependent, so instead of two powers like layers of “cake”, where each one had its own power, they became more “like milk”, where they did things together. Act left education to the states but now the national government sets education criteria for all states.Another example of why modern federalism is not the way the founders set it up is that the states are very dependent on concessions (blocks of grants, mandates, categorical grants) from the national government. For example, when the national government gives money to states in the form of “block grants”, the draft is that certain portions of the money in that grant must go to specific categories such as education, health care, trips, etc. It’s unfortunate when the states desperately need the money they do as the national government asks them too. This shows how the states became dependent on the national government.
Judicial judges have also played a vital role in federal compliance and how it has evolved over the years. The court case of Gibbons v. Ogden, for example, made it so that states can only regulate traffic when it is within one state (city to city). And so, the government had the power to regulate any “commercial trade” between two or more states (Bernam90). Another court case that helped create a new concept of federalism was South Dakota v. Unfortunately, in 1987. This case ruled that individual states had the power to lower the legal drinking age. If they do, the government of that state will not give money for things like road construction or education. And so, the government gave the power of the state to control the states to arrest the magistrates. Moreover, the case between McCulloch v. Maryland helped restore national governments to the power of the states (Berman 90). This case comes to the point because Maryland wanted a tax return and wanted a federal tax return in the Boston bank. The court ruled that states cannot tax because “The power to tax is the power to destroy,” as he said. by Chief Justice John Marshall, and therefore such power should only be exercised by the national government. Such courts have been the foundation for creative and innovative federalism, and have greatly encouraged the development of federalism over the years.
The authors had many questions about how to create a government structure that would not lead to another monarchy. The answer to those questions was federalism, which is why federalism is so important to government and society. Federalism is what the American colonies wanted, a form of government where there was a central government that dealt with the big national issues and a decentralized government that could address the smaller issues and needs of the people (Berman 81). Federalism shapes American life, processes, and institutions in an arsenal of ways. Because of the federalism laws, people have to stand more because different states offer different statutes. For example, the LAPD must follow stricter rules when it comes to using deadly force in California. In contrast, Texas police departments have far more lenient rules. In addition, gun laws can vary from state to state, making it more difficult to buy a firearm in one state but easier to buy a firearm in another.
On the other hand, the central government forces all states to pay taxes, which affects all Americans. In addition, some states such as Vermont support the right for gay couples to marry, but other states do not. As a forerunner of future states and national powers, in the last presidential election eleven-out of eleven states voted against gay-marriage. This means that if gay marriage is left to the states, gay residents in these particular states would not be allowed to marry and thus forced to marry in another state where gay marriage is permitted. However, if this policy were federal than all the states would be forced to either admit or deny gay couples the right to marry. These ideas and laws, among other things, show how federalism shapes the lives of millions.
Federalism affects more than just the big picture, but also individuals. For example, because of the federation inold man must be twenty-one in order to drink. The reason is that the federal states want money, and there is no other way the federal government will give them money if they remain. In addition, a person in California cannot have a pet ferret because it is against the regulation of the California Department of Fish and Game. so that someone would go to a state that legalizes ferrets as pets to ask for a ferret. Furthermore, everyone has the right to use the flag United-states-air-force”>a> in any state, which freedom of speech is a constitutional right, and therefore a federal law.That’s why federal laws are important to individuals, because it makes neither federal nor state governments have the ability to fully command a person.
Federalism is a unique form of government with many advantages. Among these benefits is policy diversity, which is not only needed to house diverse publics across a vast country, but also the boundaries of policy conflict (Berman 81). Therefore, if the group does not succeed in introducing the policy at the national level, they can try it at the state or local level. In addition, federalism also results in a natural distribution of powers. This therefore provides more opportunities for political participation. If a politician does not win the election for president, he can try to become president, and if he still has little success, then he can run at a higher level. In addition, federalism also expands the prospect of trial and promotion (Berman 83). For example, stem-cell research is only legal in certain states, such as gay marriage. Both can be seen as stepping stones to a new law or federal law. On the other hand, federalism is not perfect, which also has its own disadvantages. Among these disadvantages is the fact that the dispersion of power can move one to protect his own interests and thus hinder national mandates. In addition, federalism creates inequalities in the country. For example, local government programs at the local level may not provide the same services in urban schools as they do in suburban schools. Therefore, poor areas do not receive equal services as opposed to more affluent areas (Berman 84). There are many advantages and disadvantages within the federation, but the advantages far outweigh the disadvantages.
Federalism is a unique form of government where power is divided between national, state and local governments. It has evolved a lot from the time of the writers to the present day. Government, society and the individual are deeply affected. It therefore has the power to influence and shape American life, processes, and institutions. Federalism is the result of the idea sought by the writers – a democratic nation where all will be represented equally. And so, without a federation, there can be no democracy.
Works Cited
Berman Larry & Murphy, Bruce Allen. Accessing Democracy. New Jersey: Prentice Hall, 2005. Supreme Court Cases: McCulloch v. Maryland, 1819 Gibbons v South Dakota v. Sorry, 1987
