The Doctrinal Cycle Of Federalism

The Doctrinal Cycle Of Federalism
Federalism is when states or provinces share power with a national government. The United States government functions by applying the principles of
federalism. The doctrinal cycle of federalism is when the state gain power for a while and then the power is disbursed to the national government for a
while. The power is given back and forth between the states and the national government creating a cycle of federalism. The ideology of the Supreme
Court is an important factor for determining what level of Congress will hold the power. A liberal Supreme Court is more likely to let the national
government hold more power, while a conservative court is more likely to let the states hold more power. There are three types of federalism which
are cooperative, dual, and new. The ideology of the Supreme Court affects what type of federalism that the country will live under.
Cooperative federalism is when all three levels of government collectively interact to solve common problems. In cooperative federalism there is a
strong national government and the Supreme Court allowed Congress to grow and become more powerful. The court's ideology during this time was
more liberal, which impacts how the court will decide on cases that are presented to them. The McCulloch v. Maryland case was about Congress
creating The Second Bank of the United States, in the state of Maryland. Maryland at the time passed legislation that would impose a tax on the bank.
James W. McCulloch, a cashier at the
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Federalism Is Considered Centralized, Or Contrarily...
Federalism can be perceived as quite complicated although, when explained can be quite simple. Its basic definition is that it is the share of powers
between national and subnational governments. Canadian federalism was born along with the country in 1867 and has prospered ever since. Canada
as a federation has evolved tremendously since its early years where it mostly started as a centralized state. After the World Wars,Canada progressed to
become the decentralized country we know today. The results of said succession make it evident that for this country to thrive, a decentralized
federalism is ideal. Federalism is a concept best described when discussing whether a country's government can be considered centralized, or contrarily,
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In a decentralized country, "each type of government is... free to delegate its powers to other bodies if it so desires" and does not focus all
responsibilities upon one form of government. Nonetheless, a federation being centralized or decentralized is not black and white; "what is not
centralized is decentralized" is not necessarily true in many cases. To achieve perfect decentralization, one must assure that the non–federal
governments obtain enough autonomy so that, in result, neither becomes subordinate to the other. Additionally, fiscal decentralization is brought about
through arriving at a certain level of economic autonomy at both levels of government . The main idea behind subsidiarity is that of the division of
responsibilities in an equal manner and that the lowest, qualified levels of government are likewise given powers . Canadian federalism can be
considered as quite unique in proportion to others and has vastly changed since its original form. Its evolution can be traced back to the Confederation
of 1867 and centralization and decentralization have come and gone throughout Canadian history.
Federalism in Canada pre–World War One can be described as a purely centralized system. In 1867, Canada was born and along with it, a federation.
The early years of the country show Canada's first Prime Minister's, John A. Macdonald, focus towards a Unitarian state

Picket Fence Federalism
Federalism is a form of government in which the power to make laws and other specific responsibilities are divided across the national, state, and local
governments. How that power is divided has been a constant source of conflict as each level has some degree of autonomy. That is, each level has the
capacity to carry out some policies without interference from the others. The national government is responsible for things of national common interest
such as, national defense and foreign policy, as well as, responsibilities through implied powers that are inferred in the Constitution. The national
government also has the power to declare war, coin money, control interstate commerce, borrow money, manage the postal service, and anything else...
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The United States certainly has the picket fence structure of all three levels of government working together in all areas of political policy, probably
more now than ever before in the history of Cooperative Federalism. Our Federal government funds many state programs as in Fiscal Federalism and
uses those much needed funds to coerce state governments into complying with federal policy as in Coercive Federalism. In 2009, the United States,
under President Obama, began participating in what his administration calls Progressive Federalism. Although this is not mentioned in our text, it has
become the policy of the current administration and allows the states to have a greater control over issues normally reserved for the national
government. In various instances, states have been able to enforce more regulations on government decrees than necessary. This type of federalism is
used in different situations, such as California imposing stricter regulations on the emissions of greenhouse gases in vehicles. This allows the states to
still comply with government orders, but add their own additions as well. Allowing states to experiment with different variations on the same
government mandate can inform the national government on which type of changes are most effective, and can allow the national government to tailor
their

Dual Federalism
Federalism is the federal principle or system of government. The framers who were worried about the government having too much power mainly
because Government can pose a threat to individual liberties. The constitution then provides a division of powers, which means it assigns certain
powers to the National Government, such as Dual federalism, cooperative Dual federalism is based on the relatively optimistic belief that a clear
division between federal and state authority. Dual federalism lasted from 1789–1901 and then came back into play in 19060's When the depression
came the president came and made government more of a cooperative system. The article on Dual Federalism on Study.com says "Dual federalism has
been nicknamed 'layer–cake ... Show more content on Helpwriting.net ...
Cooperative federalism was ued primarily during the time of the depression to make government run better. Through cooperative federalism it
almost gives the bigger government the power to make smaller government comply. For example, the works progress helped put millions into work
during the 1930's. Regulatory federalism is a term used to describe the emergence of federal programs (started in the mid 1960s).Regulatory
federalism also includes congresses legislations on states to meet their standards. An example of regulatory federalism happens to be the no child left
behind act. Which is an example of how all states and government must make sure that every kid gets the correct education. "New Federalism
typically involves the Federal government providing block grants to the states to resolve a social issue" says Business Dictionary. New federalism
lasted from 1937–1997 when the supreme court did not void an act. New Federalism started when a "Plan implemented under the Nixon
administration that transferred some powers previously held by the federal government back to the state level. Under Franklin Roosevelt's New Deal
some powers were removed from the state level, so the states regain some of its authority" Says

Advantage Of Competitive Federalism
The principle of federalism was introduced to ensure the government did not possess too much power over a nation. The implementation of federalism
allowed for a compromise to be made between the states and national government. This compromise ensured that power was divided among the states
and the national government. Federalism remained very limited, much like boundaries to ensure overstepping did not occur. The overall explanation
for the principle of federalism and its origin dates back to the need of a strong centralized government. Of course, federalism corrected the
decentralized powers and created a fair system to abide by that focused on the importance of division of power and centralized government. There are
various forms of federalism, one of which being competitive federalism.
According to Dr. Michael Greve, competitive federalism seeks to discipline governments. It seeks to discipline governments by allowing each
government to 'compete' for their citizen's business. The concept of competitive federalism enables choice and change. Competitive federalism is not
confined to one government at all. Conversely, it allows for citizens to pick and choose which government they wish to live under. There are benefits
associated with competitive federalism which can include various forms of innovation, product differentiation, choice of the consumers, and other
services.
Federalism definitely empowers citizens because ultimately, they have the most say in what they

Fiscal Federalism in Nigeria
CHAPTER1
INTRODUCTION:
The question of an acceptable formula for revenue sharing among the component tiers of the Nigerian nation is one of the most protracted and
controversial debates in the political and macroeconomic management of the economy. This debate has its foundations in the history and evolution of
the Nigerian federation.
"Revenue allocation or the statutory distribution of revenue from the Federation Account among the different levels of government has been one of the
most contentious and controversial issues in the nation's political life. So contentious has the matter been that none of the formulae evolved at various
times by a commission or by decree under different regimes since 1964 has gained general acceptability ... Show more content on Helpwriting.net ...
(e) Principle of Fiscal Equalization: In order to ensure a minimum level of public goods and services same degree of fiscal equalization is required.
This is as a result of differences in resource endowment.
(f) The Efficiency Principle: This principle implies that efficiency must be applied in the allocation of resources
(g) The Principle of Derivation: The component units of a system should be able to control some of its own resources as they desire.
(h) The Principle of Locational Neutrality: Interregional fiscal differences tend to influence location choices of individuals and firms. Therefore, policy
should focus on minimizing distortions due to some interference. Hence, differential taxes which create locational distortions should be avoided as
much as practicable.
(i) The Principle of Centralized Redistribution: This principle states that the redistribution function of fiscal policy through progressive taxation and
expenditure programmes should be centralized at the federal level. That is, if the redistributive function is decentralized, it can result in distortions in
location decisions. It should be noted that the above principles are not mutually consistent.
. CHAPTER 3
THE CHALLENGES AND RECCOMENDATIONS: There are several challenges and contending issues

New Federalism Essay
Two rudimentary stratums exist in the U.S legal system: state law and federal law. Federal laws apply to the entire nation, whereas state laws affect
only said states. Currently, the age of "New Federalism," is upon the U.S. This can be traced back to Nixon in the late 1960s. The era of New Federalism
is described as the transfer of powers from the federal government back to the states. This "transfer of powers" seems to be outweighed by the initial
power of the federal government when assessed closely. First, let's get down to the facts. After the tragedy of 9/11, Homeland Security was
implemented. Around fifty billion U.S. federal dollars are being provided to state/local governments yearly to meet Homeland Security requirements.
The president and congress work together to form a budget that determines federal spending each ... Show more content on Helpwriting.net ...
Much more allocation betwixt the state and federal government to improve homeland security was carried out. Bettering communications between
state and federal authorities brought forth the idea to educate government officials on what each sector can expect from the others. FEMA (Federal
Emergency Management Agency) was created to make communication run smoothly between the federal, state, and local governments. Having one
main correspondence at the federal level eases the distribution of power to the states and local authorities. FEMA recently asked state and local
authorities for input on how it should spend $3.5 billion. A meeting took place with over fifty representatives in first responder positions. Resulting, the
weight of mobility ultimately falls to the political leaders of each state and city within the United States. Leaders such as those in New York as well as
Baltimore have taken the duty of increasing security for the citizens of which they represent. In this process, they have noted that many federal tools
are available to help them when

FRQ On Federalism
FRQs
2007 Question 4:
A)Federalism is a way a nation may be organized by dividing power among two or more levels of government can both have formal authority over the
same people/land. Federalism is a system of units of government sharing power.
B)Federal mandates have been used to increase the power of the federal government over the states as with a federal mandate, the nation government
(federal government) tells the state government which policies to carry out and the state government(s) have to follow through with the mandate. With
this, the federal government does not always give the state government(s) the necessities for the mandate to be carried out. Despite this, the state still
has to carry out the federal mandate. Selective incorporation has also been used to increase the power of the federal government. Selective
incorporation is that most but not all of the protections within the bill of rights apply to the states due to the fourteenth amendment. Though this gives
certain rights to the states, federal courts can still overturn the practices of the states.
C)Block grants are federal grants which are given automatically to the states in order to support broad programs as the development of the community
or social security. Block grants have been used to increase the state's' ... Show more content on Helpwriting.net ...
Under the Articles of Confederation, the state governments were stronger than the federal government as we had a weak central government, therefore
the states were sovereign under the Articles of Confederation. However, with the Constitution, power of the government has been divided with
federalism. Under the Constitution states share power with the federal government, and have limited power. Therefore under the Constitution states are
not

Essay On Dual Federalism
Federalism is a division of power in a central government and their regional governments.(Learners.org, Federalism US vs. The States). The first system
of federalism is dual federalism. Dual federalism is the state government has their own responsibilities and the national government has their own
responsibilities. Dual federalism was mainly based around the Tenth Amendment which states that anything that isn't in the Constitution are reserved to
the states. It is kind of like a tug of war, the state governments are on one side and the federal government on the other. The rope is pulled back and
forth, and at one time one side sees to be winning, but then the rope gets pulled back to the other side. In the dual federalism, each government ... Show
more content on Helpwriting.net ...
In the past, the Congress and the House have forced the state governments to meet in certain enviromental standards. (Sparknotes Editors, Federalism,
page 2)
In the early 1970s, the US knew that they needed a change in federalism so they called it new federalism. New federalism gave the states some power
while knowing that the federal government is the highest power. At this time, the state government regained some power. Richard Nixon started to
support this type of federalism during his presidency, and every president since Nixon has continued to support new federalism.(Sparknotes
Editors,Federalism,page 1)
Examples of when the National Government has withheld funding to the States to making them comply was in World War II when the people were
relying on the federal money and when the government was relying on the states to follow federal policies. ( Sparknotes Editors, Federalism, page 1).
Another example is when the government gave out block grants to give money on a fairly good purpose with no excuses. (Sparknotes Editors,
Federalism, page

Evolving Federalism Essay
Evolving Federalism
Pre–Class Assignment
Federalism by definition is the division of power between a central government and its participating members. How that power is divided is the
subjective aspect of federalism that was before the framers of the United States. Through compromise and necessity the seeds for a strong central
government were planted alongside already strong state governments. Over time the seeds for strong central government grew; wars, economic
fluctuations and national growth established a strong central government. As America's idea of federalism changed the central government grew more
powerful, the state's government gave more power away, and local governments were established. ... Show more content on Helpwriting.net ...
Schreiber's fifth and final stage is the post–World War II era. Here, "creative federalism" is born. Creative federalism points to a strong centralized
government that initiates federal programs to fight poverty, hunger, crime, and other social issues. This stage sees a noticeable increase of power given
to the national government by the Warren Court.
Schreiber concludes by describing a struggle between cooperative federalism and creative federalism. He sees these two models of federalism in
competition with one another on how power will be distributed between the three levels of government. This is best described by Russell Hanson, in
Governing Partners, as "competitive federalism", which is the idea that the three levels of government must compete for power in a "zero–sum" game.
It can be argued that we now are in a sixth stage that can be defined as competitive federalism. Recent struggles involving gay marriage, education, tax
reform, and anti–terrorism funding prove that a struggle for power between the three levels of government is ongoing.
The issue of education best exemplifies the changing nature of intergovernmental relations. State and local governments run their own school systems,
and for the most part, fund them as well. States differ from one in another

Australian Federalism
An appropriate recommendation for reform cannot occur without an understanding of the operation of federalism and its strengths and weaknesses in
the Australian context. In considering this, the suitability of a federal system to the Australian environment both socially and geographically firstly
warrants acknowledgment. In a final report to the Council for the Australian Federation, it was said that "Australia's large land–mass, remote locations,
disparate regional areas and localised preferences mean that a federal system of government is suited to the Australian context." It is important to note
that one of the key motivations behind the introduction of federalism to Australia was securing the independence of states and autonomy in legislating.
The overlapping and duplication of policy responsibilities across governments, and these issues that emanate from such disorganisation in the division
and distribution of powers, evinces the reality that federalism's flaws lie in its application, not its principles. While the limitations outlined above
clearly convey a need for reform, it is for this reason that any suggestion of upheaval of a system that has the potential to enable "a geographically large
and diverse country such as Australia to maintain national unity and meet the pressures of globalisation while at the same time accommodating
regional difference" should not be adopted without consideration of smaller–scale reform that can improve its operation. The limitations outlined above
will thus serve as criteria for analysing the aptness of Option 2, as presented in the Terms of Reference, as the most viable proposal for federal

Dual Federalism
1.What is federalism?
Federalism is a system of government in which power is divided between a central government and several regional governments. An example of
federalism in the United States is the division between the national government and the states.
2.How are these systems of government different: unitary,federation, and confederation? Unitary government is a system of government in which a
single government holds the power to govern the nation. Authority is centralized with state and local governments administering authority delegated
from central government. The United States had a unitary government when the British government imposed a central, unitary authority to tax and
administer the subordinate colonies. Examples: United ... Show more content on Helpwriting.net ...
There is a block grant which is a broad grant of money given by the federal government to a state government. The grant specifies the general area
in which the funds may be spent but leaves it to the state to determine the specific allocations. There is also a matching grant which is a grant of
money given by the federal government to a state government for which the federal government provides matching funds, usually between one and
two dollars, for every dollar the state spends in some area. The major difference between a block grant and a matching grant is in a block grant the
federal government usually states spending levels, while in the matching grant allows for major program expansion but creates a "moral hazard" in
which people behave differently and often take more risks when they do not have to pay all the costs of their

Federalism And The Other Federalism
In this paper I've researched different texts and different information on the topic of federalism to have a good understanding and knowledge of it. I
found many sources of great information to learn about federalism and how it influences many countries in the world that we know today. My goal in
this paper is to give a good understanding to what I've learned and give great detail on federalism and the other Federalism is when two or more levels
of governments share the same power over the same region. Usually the higher national government governs the issues that concern the entire country,
and smaller subdivisions govern issues of their local concern, but both have the power to make and enforce laws. Good examples of federalist
countries would be Canada, Germany, France, and the United States. The federal government is granted power to mint money, declare war, establish
post offices, and punish piracy. Any action that the federal government may have must stand by the constitution. While the state government has all the
powers that are not granted to the federal government or forbidden to them under the constitution, because the state power is not limited to express
grants of power( Federalism Information Institute).
Every person that lives in the U.S. has to abide by the laws from the city, county, state and federal Government of which they live. The founders of
federalism where James Madison, George Washington, and Alexander Hamilton. There

Pros And Cons Of Federalism
"American federalism was the embodiment of political tolerance and decentralization of – the expression of the liberal conviction that society can
manage itself and needs no central plan," said Llewellyn H. Rockwell. Federalism is the most important principle because it helps build a better
foundation for a better government while also creating a division of powers. In this essay, I will be explaining what federalism is, how this newer type
of government ideal has been incorporated into the U.S. and the advantages and disadvantages of federalism in the U.S. government.
Federalism is defined as the idea that power is divided by the Constitution between the national government and the state governments. Before this,
governments were either confederacy or unitary models of government. A confederacy is when the member states make decisions, whereas in a unitary
government the national government makes the decisions. That being said, federalism contains both unitary and confederacy governments. The
Constitution, treaties and the federal laws are the supreme law of the land. Some powers, though, are delegated to the national government while others
are reserved for the state governments. Still, other powers are concurrent, or shared, by both state and national governments. For example; Mexico has
31 states and 1 federal district the immigration laws are decided by the national government while many criminal laws are decided by the state
government.
Federalism today is based upon

Examples Of Dual Federalism
Federalism was originally meant to divide the power of state and federal government within the United States, protecting rights of the state level
governments and preventing a majority from receiving total control. Federalism has existed in many ways over the course of American history. The
balance of influence between state and federal government has had many shifts. Dual federalism is explained by how the constitution originally outlined
federalism. National government dealt with our foreign policy, commerce and national defense, the states were left to individually deal with economic
and social issues. This was effective in insuring the needs of smaller groups of citizens from being ignored and unfulfilled. The flaws with this system
arose ... Show more content on Helpwriting.net ...
If state and federal government reach an agreement on goals to improve the economy the state would be provided federal funds to reach this goal.
The construction of interstate highways, states constructed highways using federal funds and standards is an example. States turned their policies to
the federal standard in order to receive restricted treatment when funds were distributed. States choose to comply with a federal drinking age or
speed limit policy in order to receive funds. Grants were now offered for a greater area of policies. Grants began to be handed down to smaller units of
government taking power away from the state governments. Leading to problems concerning management, cooperation, and accountability. President
Nixon attempted to fix this by compacting small grant programs into larger consolidations, for the state to decide on. By the eighties President Reagan
corrected federal spending, his goal was to alleviate the power that the federal government possessed. He implemented tax cuts and rises to lower the
availability of grant–in–aid programs, in order to return power to the states; this is new

Federalism Vs. Cooperative Federalism
Right now the current form of Federalism that the United States uses today is called New Federalism, or Cooperative Federalism. Cooperative
Federalism was created as a political model around 1937 that emphasized "teamwork" between the National and State governments. This was created to
ensure that both governments would work together in order to provide services more efficiently in the Nation. This is why Cooperative Federalism is
appealing to this day and still exercised, because the U.S. has still retained those elements of regional supremacy, and States' rights. The current form of
Federalism is well–suited for handling policy issues in the United States because our current form of Federalism (Cooperative Federalism) revolves
around the idea that the National and State government are one team.
So the question is, is Cooperative Federalism beneficial? And if so how? The best example to prove that it is beneficial is the No Child Left
Behind law that was discussed in class. This was passed by congress in 2001 during President George Bush's presidency, and this law made it
mandatory that all States provide the appropriate education for their kids. Under Cooperative Federalism the National government required all States
to provide the best quality of education for the children. In this case this form of Federalism was very effective because it allowed the Federal
government to intervene when States were not enforcing the idea as they should have been. So the Federal

Disadvantages Of Federalism
Federalism is a type of government where the power is divided between local governments and federal governments. The U.S., India, Australia,
Russia and Brazil are some examples of federalist countries. While this type of practice has its upsides, it has downsides as well as alternatives. One
alternative to a federal system would be a unitary system. While a federal government (such as the one in the U.S.) divides power between national
governments and local governments, a unitary government does not and all the power is in the national government ex– if the U.S. used a unitary
government, marijuana would either be legal or illegal in the whole country compared to in the current federal government where various states have
marijuana legalized such as; Washington, California, Colorado, and others haven't legalized this drug; Texas, Idaho, Utah. A common misconception
about a unitary government is that it is a dictatorship, which is not the case at all, they can still be democracies like France, question is would the
people be more comfortable with all the power in the central government or a division of that power to local or state governments. The balance of
power between the federal and state government has had some changes over time, with laws being put in place to ensure each has a 'fair' area to
control. In the U.S., the Civil War took place because the south believed that the state had the right to make its own decision on slavery while the north
disagreed and

Federalism is a type of government structure that involves governments on all levels. It is how these different governments interact with each other.
Three different types of federalisms include dual, cooperative, and centralized. Dual federalism differs from the other two in its form. Dual federalism
has clear lines that divide the different types of government. Federal and state governments do not collaborate with each other but rather enact their
own laws as they see fit. State government's have the freedom to enact certain laws within their respective borders. If they are ever faced with a
problem that is beyond their scope, the federal system will become involved. Some examples of problems that would necessitate the federal
governments

Federalism In The United States
Federalism in the U.S shows a constitutional association among the United States governments and the Federal government. Additionally, federalism
was a solution to the political problem which gave less authority to the federal government. The essay will elaborate on how the introduction federalism
played a role in shaping the Supreme Court and the government of the United States.
Federalism provided a solution to the political problem that had affected the nation. Notably, the views were to eliminate the problem with the Articles
of Confederation. Indeed, the article had given the federal government less power than the national government. Also, the section permitted Continental
Congress the authority to sign treaties and declare war. However, the Congress could not raise taxes, which were to be used to pay the army. Also, the
federal government was not in a place to pay for their outstanding loan from the American revolutionary war. Thereby, there was the need for this
federalism to help solve this political problem. Sharing of the power between the national and state government assisted in developing the country. In
fact, the parties would work ... Show more content on Helpwriting.net ...
The court was under the rule of John Marshall the chief justice. The Supreme Court explained the issues in New York, and this expanded the power of
the national government. Seemingly, the court was able to settle the problems during the cases of McCulloch v. Maryland and Gibbons v. Ogden. The
Marshall's push for the federal government was to help in the development of his court and the nation. The Marshall argued that it was the
responsibility of the Supreme Court to define the law. Thereby, giving the Supreme Court more meaning in the decision making of the judicial
department. Consequently, strengthening the legal authority of the nation helped in the improvement of the

Federalism is the separation of prevailing powers between the national government and the state government. Proposing that the states could not over
power the national government and the national government could not over power the state government. Due to the former existence of the states,
federalism was created to protect the states and was a required settlement. The states already had their own governmental past dating back to the
colonial era where they previously had their own constitutions. The framers believed that they created a well thought out system that they believed
would prevent threats to individual liberty and controlling the power of government (Patterson, pp. 64–67). Federalism had the greatest dispute that it
would resolve the imperfections in the Articles of Confederation. Those defects included: "the national government had neither the power to tax nor the
power to regulate commerce among the states resulting in the government lacking in funds to maintain a strong enough army. Then without commerce,
the national government could neither promote the general economy nor prevent trade wars between the states" (Patterson, pp. 65). An example would
include, the states have the control over public education and the police protection and the national government is responsible for national decisions,
such as military defense and the currency. Together, the national andstate governments, for example, have the power to borrow money and raise taxes.
This is known

Federalism Essay
Federalism
The Constitution of the United States was drafted at a time when our country was in dire need of many answers to political and social questions. In
addition to many other things, the drafters of the Constitution were concerned with solidifying our central government and the Constitution was
intended to provide a solid structure from which our burgeoning nation could grow. The Constitution gave explicit powers to the federal government
and provided the states with the Tenth Amendment which states ,"Powers not delegated to theUnited States, nor prohibited to the states, are reserved to
the states respectively…" Of the enumerated powers given to the federal government by the Constitution, the interpretation of the ... Show more
content on Helpwriting.net ...
Dual Federalism also relies on the notion that in a court of law, the Tenth Amendment gives the states enough support to declare unconstitutional any act
of the national government that infringes on the reserved powers given to the states. Cooperative Federalism provides an entirely different view of the
relationship between the federal and state governments. Federal supremacy is the hallmark of this ideology. Supporters of the cooperative federalist
view prefer to employ a broad interpretation of the Constitution. The legal basis on which cooperative federalism has been argued is threefold: (1)
Enumerated powers (e.g. Commerce Clause) should be interpreted in light of an expansive Necessary and Proper Clause (2) The Supremacy Clause, as
prescribed in Article 6, paragraph 2, gives federal actions supremacy over state laws when made in pursuance of the Constitution and when they are
made using implied and enumerated powers (3) The Tenth Amendment does not give states the power to contest federal laws. To suggest that that these
two ideologies are contradictory is an understatement. To understand which theory best identifies with the correct interpretation of the Constitution, it
is necessary to understand the circumstances that created the necessity for a Constitution and the political circumstances that motivated decisions
contrary to the correct interpretation of the Constitution. The

Arguments Against Federalism
Federalism is defined as Congress must be kept within the limits of the enumerated powers of the Constitution. As long as people have the right to
leave political jurisdictions they find undesirable, states or smaller government units have to bear the costs of their mistakes. Individuals who prefer
freedom to government order should be encouraged because although federalism does not ensure freedom, freedom fares better under federalism than
under a completely centralized politics.
An example of conservatives and liberals stand on federalism is on Death Penalty. From the Liberal side, death penalty should be abolished because It
is cruel and an unusual punishment. Imprisonment is the appropriate punishment for murder. From the Conservative

James Madison wrote an essay called, "The Conformity of the Plan to Republican Principles." He wrote a section called, "Federalist 39," which talked
about publicizing the Constitution, "partly federal and partly national ." James Madison argues with his claim because it was reliable with Dual
Federalism.
John Kincaid stated that dual federalism is, "when the governments and federal governments exercise powers independently." When both state
governments and federal governments split they each have their own unique functions, by creating different kinds of laws. For instance, if the United
States are going through a tough time the national governments has the powers over tariffs, currency, internal improvements, public land disposal.
Some state government policies that they handle are educational laws, local government laws, civil services laws, commerce laws, criminal laws, and
public healthcare laws. ... Show more content on Helpwriting.net ...
The federal government began to gain power, and in Article I section 8 says, "The Congress shall have power to lay and collect taxes, duties,
imports, and excises, to pay the debts and provide the common defense and general welfare of the United States; but all duties, imports and excises
shall be uniform through the United States; to borrow money on the credit of the United Staes; to regulate commerce with foreign nation, and
among the several states, and with the Indians Tribes... to establish post offices and post roads ." The following quote describes how the national
government has different kinds of power compared to federal government. Article IV section 1 says, "full faith and credit shall be given in each
states to the public acts, records, and judicial proceeding of every other state. And the Congress may general laws prescribe the manner in which such
acts, records, and proceedings shall be proved... " In simpler words, the state government has to follow laws just like a ordinary

Federalism In Australia Summary
In the article, 'Federalism in Australian Constitutional interpretation: signs of reinvigoration?', Chordia and Lynch explore the constitutional
interpretative approach used by the majority in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920). The article discusses the key
factors in the majority's decision in Engineers that disadvantaged the states by significantly increasing the power of the Commonwealth.
Tension between the principles of responsible government and federalism was anticipated by the framers of the constitution, predicting that the one of
the two will eventually cancel the other one out. This tension surfaced in the majorities decision in Engineers and is explored using the historical
evidence of the framers intentions, the ideas that influenced them, and Justice Gageler's critique of the Engineers decision. Chordia and Lynch argue
that the majorities decision in Engineers focused on responsible government, while completely ignoring the principles of Federalism. This is evident in
the delivery of the majorities decision, declaring that the two fundamental features of the Australian ... Show more content on Helpwriting.net ...
Secondly, Gageler argues that the people of the Commonwealth and the people of the states are members of a unified sovereign nation rather than
members of opposing groups. As such, the principles of responsible government hold that the laws of the commonwealth hold government accountable
to a unified Crown and to the Australian people. The third argument is that federalism should only function within situations that directly involve an
interference between the commonwealth and the states. In particular, this third argument corresponds with the nationalist model of federation that
supports a single unified head of

Role Of Federalism In Mexico
Prior to gaining independence, Mexico was a thriving colony that was beginning to find its footing in international trade, but inner conflicts within the
government structure which had been increasing dramatically, caused a great divide among citizens. Fueled by the disagreement between staying
under the tight restrictions of Spain's bourbon reforms or creating their own nation to which Mexico would govern itself, a 'tug–of–war' ignited as each
side argued for their respective policies to be put in place. Mexico gaining their independence in 1821 was the main cause which created the standoff
between centralism (eventually conservatism) and federalism (soon evolved to liberalism) as the two main contenders for government policies. For three
Both of these new factions "for the most part incorporated the followers of their predecessors" and the general ideologies remained the same. The
change to conservatism and liberalism came about because of the increase of lower class participation in politics, learning that they could have a
voice in the laws that dictated their professions gave them a reason to be vocal. Being the majority of the population, both factions had to comply
with the poor as they feared revolt it they continued to ignore their wishes. This was one aspect that both groups had the same goal which was to keep
the lower class, but still out of powerful political

Federalism In The United States
Federalism is the idea of having more than one level of government affecting one group of people over one land at one specific time (Ln, 3–2). A
federalism system of government is broken down into two levels, central and regional governments. Federalism is when the central government gives
direction to the regional government and the same thing vice versa. This differs from a Unitary System which the central government gives direction
to the local and a Confederal System which is when the local government gives direction to the local (Ln, 3–3,4). In the U.S. we have a federalism
system of government, and our central government is the national government and the regional government is our individual state government. An
example is how the national ... Show more content on Helpwriting.net ...
A charter was made for the state of Georgia in 1730, and Georgia became the thirteenth British Colony in the new land (GA–1). James Oglethorpe and
the group of people that he led did not believe in the practice of slavery, but that did not stop slavery from entering this new state (GA–1). Georgia's
land was very fertile, so it was a great area for farmers to yield crops. The new large farms in Georgia lead to many slaves being brought over to work
the land. The invention of the cotton by Eli Whitney increased the production of cotton, Georgia's most profitable commodity, and thus the amount of
slaves needed increased.
Georgia decided to secede from the Union on January 2, 1861 (GA–1). During this time Abraham Lincoln, a Republican, was the President. Georgia
joined its surrounding southern, slave based, states in creating the Confederate States of America. The southern states lost the Civil War, so Georgia
was forced to abolish slavery and ratify the 13th and 14th amendments of the United States Constitution. After the Civil War Georgia would not vote
another Republican into the governor's office until 134 years later

Federalism In Montana
Our United States Constitution used federalism to divide the powers to govern. Federalism was established in the constitution supremacy clause,
providing that each state in the U.S. is a sovereign entity and has the power to create and ratify laws according to the needs of the state and make
public policy. All states have different characteristics such as demographics of its citizens, geography, natural resources, and different types of
businesses and industries. Federalism enables the courts and legislatures in a state to act on the needs and public policy. There are advantages and
disadvantages to this form of government. The apparent advantage is the authority granted to legislatures and policy makers to address the needs of the
state because ... Show more content on Helpwriting.net ...
Sahlberg's philosophy and approach to education has had unbelievable success. I will introduce Sahlberg's philosophy to Missoula, Montana, gain
support to change our current education policy and adopt the Sahlberg's approach to education. First, I need to initiate a campaign to gain support in
the community. In order to raise the level of education to a superior level additional income is needed. Two policies are needed to capture and change
the perspective on education fostering and titled, Equality in Child Education, (ECE). The first policy addressed, incorporates a "Kids Tax" on all
candy, snacks and soda's purchased within the city. The revenue generated from the "Kids Tax" would be used to additionally fund salaries and
implement an academic program mirroring the top preforming schools in the United States. The second policy, to incorporate all children in Montana;
Montana's Best, a statewide tax on all outdoor recreation, licensing, and weapons purchased to fund the schools statewide with the latest technology
and academic

Federalism On Marijuana
Federalism is a government system in which sovereignty is divided and often shared between a national government and or more sub–national
government. In America, we have and still have debates about conflict about sovereignty in American politics between a state government and the
federal government. A current day example would be conflicting state and federal laws on marijuana. Marijuana has been decriminalized and even
legalized in states such as Alaska, California, Colorado, Oregon, Maine, Massachusetts, Nevada, and Washington State (Governing). Although some
states have legalized marijuana, it still remains illegal according to federal law under the Controlled Substances Act of 1970 (Law–Cornell). This
creates a conflict in policies in

Federalism And The Separation Of Powers
Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people, ensuring
that one does not become too powerful and aids in the separation of powers. Liberty is a state of freedom within a society from oppressive restrictions
imposed by authority on one 's way of life, behavior, or political views. Although these two political science terms are different, they correlate and
interact with one another in the American Government and are still relevant to contemporary policy issues faced today. James Madison 's The
Federalist No. 47 doctrine exemplifies this: "In order to form correct ideas on this important subject, it will be proper to investigate the sense in which
the preservation of liberty requires that the three great departments of power should be separate and distinct."
Madison based the concept of federalism on the French lawyer Montesquieu 's theory of the separation of powers. This theory states: "Were the
executive power not to have a right of restraining the encroachments of the legislative body, the latter would become despotic; for as it might arrogate
to itself what authority it pleased, it would soon destroy all the other powers." Madison, along with the other Founding Fathers, took heed to this
warning and created the three branches (executive, legislative, and judicial). Although this system does provide a distinct separation, it does not call for
absolute separation. Instead, the

The Impact Of Federalism
Federalism can be said to be the defining feature of all forms of American politics. Even as a literary characteristic feature, America was the first
nation to adopt federalism as a concept. Federalism is a system of government whereby political power is divided between a national government and
other smaller political constituents such as states (Platt, 2014). Federalism, although not mentioned exactly in the constitution, was supposed to be a
concept that addressed the errors of the confederation (Platt, 2014). It was also supposed to be the lay the groundwork for what the future of
American politics by defining the type of government to be practiced. As it was expected to be, federalism has had an impact on the American politics
even in ... Show more content on Helpwriting.net ...
Another example of this would be the election and in particular, the Electoral College. The system of the Electoral College is one that portrays
federalism i.e. share of power between state and national government. The Constitution provides the framework of the system. Federal statutes
stipulate aspects of the process and give directions to states regarding the time of the election and certification of the electoral vote. Federal statutes
also give directions to Congress concerning the counting of the electoral vote, and they provide a process for objections to the vote. Since each state is
important because it has to conduct its own election at the same time with other states, the laws of each state specify the time and place of the meeting
of the electors as well as other election provisions. Together, these two governments, together with the constitution, create the Electoral College system
(Edwin C. Kisiel, III, page 12–13). Since laws at both the national as well as the state level govern the Electoral College, it can be said that its
foundation is rooted in

Differences Between Dual Federalism And Cooperative...
What are the differences between dual federalism and cooperative federalism? Be sure to fully address what federalism is and why it was created. 1000
words.
Dual federalism is a term used to describe a circumstance in which national and state governments are sovereign and equal within their constitutionally
allocated spheres of authority.
Federalism is a concept that refers to a system of government in which power is shared between the national and non–national governments.
Cooperative Federalism is a model of federalism in which all governments are linked and participate in the administration of programs. Creative
federalism was a term used to describe the Great Society program of Lyndon Johnson. President Johnson sought to devolve powers to the states
using creative federalism. The devolution of responsibilities to the states began under President Nixon but were accelerated in the 1980s under
President Reagan. Ronald Reagan 's brand of new federalism dramatically decreased the use of categorical grants. Federalism under President Obama
is still in the development stage, but the 2009 Federal Stimulus Plan can best be described as new federalism, creative, federalism, and general revenue
sharing. There are four controversial examples of federalism at work today.
A good example of federalism is usage of marijuana. Federalism, with its dual sovereignty, can create a patchwork of conflicting laws between the
states as well as between the states and federal government.

Even though the current political scene on planet earth has seen better days I will give my best efforts to distinguish the pros and cons of Federalism.
In my opinion I believe that federalism works in many first world countries, but it would have a harder time working in third world countries.
Federalism comes with many advantages and its own unique disadvantages. Federalism provides basic security to its citizens and provides government
security with all the dispersed levels of government to spread out power. The cons that follow federalism are the protection of the power and laws may
also reinforce bad and unjust laws depending on the country. This all ties together with recommending federalism to a non–federal country. So lets get
This point is further confirmed by Kincaid as well, "greater responsiveness to citizen preferences, especially insofar as regional and local governments
have the authority and ability to respond to those preferences" (Kincaid 2001), this is excellent because rather than feeling your opinion does not
matter in the grand scheme of things, your opinion in local side government feels much more relevant. Not only does this give you as a citizen more
authority and confidence; but, it also makes you more intensive and focused on local community affairs and policies. These are the some of the most
prominent positive effects that come out of a federal government. Now for the bad news and you might be wondering how could federalism be bad
after all the positive effects it reinforces. Well to start off federalism is the reason it was so hard to get rid of slavery in the late 1800s. It was a
hard state issue to overcome and ended in a civil war. Not only this but nationalist who oppose certain laws and bills can go out of their way to delay
or fight these bills and laws, "States can fight against the existence of certain national laws by challenging them in court, or going out of their way to
not enforce those national laws, or even deliberately obstructing enforcement of national laws.(Wiseman 2017), giving citizens this power is important
but it also can be easily taken advantage of. These types of deliberate blockage can slow down innovation and progress which is another

The Federalism Of The United States
Americans utilize the Federalism idea as putting into effect the Constitution for Federal, State, and Local governments. These areas are served as
different areas with different needs and goals within the federalist theory. The National Government has expressed powers over the nation and subjects
that effect our nation. The State has limited powers that are involved within the State's boundaries. The local government is expressed to help regulate
the states. All together the governments make one unitary system that can metaphorically be described as a cake. The breakup of federalism started out
being broken up in layers, like a layer cake, with distinct separated powers of National government and State. Accordingly, as the New Federalism ...
Show more content on Helpwriting.net ...
The arguments resembled that the Federalist held the upper–hand since they were wealthy landowners to take charge of the democracy. Conversely,
Antifederalist were afraid to give into signing the constitution in favor of the Federalist ideas because they felt it would grant too much power to the
National Government instead of the States. The dispute between the Federalist and Antifederalist lead to, what is known today, as a breakthrough of
famous Federalist Papers that lead to the greater understanding of the Constitution. The Federalist Papers appeared as persuasive writings developed by
what we know today as historical figures that make up the founding fathers of the ratification of the Constitution. The writings of the Federalist argued
that they held the privilege to secure the government to favor the economy. The Federalist wrote to convince the public in the newspapers that their
views and actions would create a perfect balance and protect the Nation's people. On the other hand, Anti–Federalist opposed ratification of the
Constitution in favor of the federalist ideas. The Antifederalist persuaded that the Federalist would favor slavery, and people's rights would be in
danger. The two groups feuding created an important factor in the U.S. Constitution. Like so, the Federalist considered the Antifederalist ideas and
managed to compromise a Bill of Rights to be added to the Constitution in favor of absolute security to people's rights

Cooperative Federalism In Texas
Federalism has evolved throughout American history. At different points in time, the balance and boundaries between the national and state
government have changed substantially (resulting in the dual federalism, cooperative federalism etc.). Dual federalism which can also be referred to as
divided sovereignty draws a clear distinction between federal and state governments, with the state government exercising the powers given to them
without the influence of the federal government. It can further be supported by the Tenth Amendment which states, "The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people." Cooperative Federalism is
defined as the cooperative functioning of the state, national and local governments. The American ensemble functions according to the New Dual
Cooperative Federalism.
Federalism makes most policies lean more locally. States could tailor policy to fit their specific needs. For example, Texas has a very different social
welfare system even under the supervision of the central federal system. As the state has populations, wealth, resources, etc.,
Texas is a prime example of the state constitutions in general. Ever since the integration ... Show more content on Helpwriting.net ...
Although currently the percentage of Republicans is slightly higher than the Democrats, due to immigrants and their favor leaning towards the
Democratic Party there may be a rise in the overall involvement of the Federal Government. Because the Democratic Party favors more government
involvement and the Republican Party favors less governmental involvement. At the same time, the Constitution does say The Republic of America.
Due to all these reasons we cannot say what the future

Dual Federalism Essay
a)Federalism directly addresses relationships that deals with the division between national and state governments. There are two types of Federalisms,
one of them is called dual federalism. This means that the states and national governments remain in their own spheres and is known as a "layer cake".
The second type of Federalism, is the cooperative federalism. Which is that powers and policy assignments are shared between the states and national
governments and is known as the "marble cake".
b)Two types of powers used to increase federal government relative to the states are as following. Categorical grants were specifically designed for a
particular purpose. The states have to spend their money according to government wishes. Also the

Essay on Federalism
Federalism
Federalism is a widely accepted system of government in North American cultures. To many North Americans it seems to be the obvious choice for all
world governments, but this is not the case. In all honesty, federalism is a fairly unique form of government. Out of approximately two hundred nations
on the earth one hundred and eighty states practice unitary forms of government, leaving only twenty or so as federal nations (Winchester, 1999).
Unitary forms of government consist of only one level of government. These are very popular in modern day politics as they are much cheaper to run
and to maintain, while still fitting the needs of most countries. Examples of countries which use unitary governments include France, ... Show more
Federalism has a rich and influential history in North America as well as in many other parts of the world. While it is widely believed that federalism
as a principle was the brainchild of the founding fathers of the United States of America, reference to federalism in an unrefined form was
documented in the early 1600's. It was in this time period that the Jewish convenant in response to social and religious persecution created "a new
doctrine of "federal theology" based on the idea of a mutual obligation between the ruler and the ruled" (Wijemanne, 1999). Essentially this was the
very first division of powers, and shared control over an area by two levels of government, all be it in a very crude form. A more contemporary and
widely accepted approach regarding the birth of federalism is that it was essentially created with the Declaration of Independence and the gradual
confederation of the American states in the late 1700's and early 1800's. The United States fits the mold most common with Federal states. Federalism
was first implemented in the United States because America contained a large plot of land which was filled with a very diverse population. Typically
the only way to unite a heterogeneous population is through a federal government because it is the only way to articulate and protect regional interests.
As the United States evolved so did federalism as an ideology and as a political practice. Constant amendments to the

Anti Federalism Government
The government impact lives daily by determining how each state operates individually meaning they have direct influence on several aspects of life.
There are different levels of government that create laws to make sure citizens follow the rules. The levels of government include local, state, and
federal. Local governments govern counties, cities and towns. State governors rule over states and federal governors rules the country. Local officials
include mayors, city council members, city planning commissioners, and school board members. Each state has its own public officials. The citizens
of the public have great influence on local governments. The conduct of local officials is said to be corrupt when it damages the public interest;
public opinion regards it as corrupt; it flouts legal norms; it deviates from the formal duties of office; officials abuse their ... Show more content on
Helpwriting.net ...
The framers did not want the government to have control thus federalism was created. Federalism is the sharing of power between national and state
governments. In their attempt to balance order with liberty, the Founders identified several reasons for creating federalist government: to control
conflict, to allow citizens rights and responsibilities, and the distribution of resources (Synnott). There were some who were against federalism, they
believed the state should have the right to decide its own laws. Anti–Federalist did not want a national government to have the power over the states.
Federalism today differs from federalism created by the founding fathers. The national government has become too powerful but more and more state
governments are taking their power back. Today people still argue about which laws should be federal and which should be for states. When the
national government creates a law not all states agree with that law therefore they believe they should decide if the citizens of that state should follow
that

Federalism Vs. Cooperative Federalism
Federalism is a critically important concept in helping to understanding the American political system. The Founding Fathers of the United States had
to answer important questions on how to handle power and responsibility between the states and national government. They did not want to have a
situation where the federal government had all the power. They had just fought a war against Britain because of that idea. However, they did not want
each individual state doing essentially whatever they wanted. There are differences between dual federalism and cooperative federalism. However, it is
important to fully address and understand what federalism is and why it was created.
Federalism is a concept that refers to a system of government in which power is shared between the national and non–national governments
(Federalism, 2014). Dual federalism is a term used to describe a circumstance in which national and state governments are sovereign and equal within
their constitutionally allocated spheres of authority (Federalism, 2014). Cooperative Federalism is a model of federalism in which all governments
are linked and participate in the administration of programs. It is now referred to as New Federalism. Creative Federalism was a term used to describe
the Great Society program of Lyndon Johnson (Federalism, 2014). President Johnson sought to devolve powers to the states using creative federalism.
The devolution of responsibilities to the states began under President Nixon, but were

Federalist And Dual Federalism
The United States under the Articles of Confederation had a Federalist nation in its truest and basest sense. Originally, the Articles united the separate
states together under an extremely weak central Congress with few powers. That left most of the powers of government with the states, which caused
many problems in terms of regulation and protection of rights and liberties. Most states had different currencies, taxes, protections of rights (in the
individual state constitutions), and other policies that made it difficult for the states to coexist, however, with the power in the individual states, most
policy more closely reflected the peoples of the region. When it became clear that the Articles of Confederation were no longer working... Show more
They also argued that the federal courts would be too far away from the average citizen to provide justice, something they extended to the other federal
branches of government as well. When debating the content of the Constitution, Anti–Federalists called for a clearer articulation of the rights of the
people and government, which brought about more compromises and content in the ratified Constitution. Delaware was the first state who voted,
unanimously, to ratify the Constitution on December 7, 1787 and Rhode Island was the last state to ratify it almost three years later on May 29, 1790
(archives.gov, 2016). The document was able to go into effect earlier because ratification only required nine votes for it from the states, which only took
10 months through New Hampshire (archives.gov, 2016). Many states who approved ratification later did so under the requirement that the Framers
added a declaration of rights to the Constitution. Throughout the ratification process, before the first state even ratified the Constitution and through
1790, several people wrote The Federalist Papers under the pseudonym "Publius." They were a collection of papers supporting the ratification of the
new Constitution and the formation of a more democratic republic. Federalist Paper #10 was written by James Madison in 1787 and contains one of
the best arguments for the formation of the new

The Doctrinal Cycle Of Federalism

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