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The Benefits Of Dual Federalism

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Over the year’s federalism has taken on many forms within our federal system. The distribution of powers within these many forms of federal systems has had to adapt to each of these forms in order to keep up with the times. The federal system initially was set up to serve the 13 original colonies and was able to maintain their own powers given by the powers vested in each colonies individual constitutions. Federalism or the split of power between colonies and the federal or nation governing body was simply to form agreements among one another in regards to laws. The state governments possessed the powers given to them by their state constitutions which was known as reserved powers and concurrent powers were state and federal government …show more content…

During the and after the framing of our nations constitution, between 1789-1819 the majority of the power lye in the hands of the state or colonies governing bodies. In the beginning and throughout the nineteenth century conflicts began to emerge about in whom had the powers and final say over laws, and the enforcements of laws. The fight over the need of the federal government to create a national bank plus, the debate over slavery end up dividing the country and in the process creating dual federalism. Dual federalism divided power and authority of each governing body but, left much authority to the states. This caused important laws like minimum wage and child labor laws to be overlooked by the states and considered unconstitutional. Making it difficult for congress to pass laws that may have been beneficial in boosting our economy during the great depression. In layer cake federalism the powers of the two were completely separated and marble cake federalism in-which state and federal authorities were mixed together did not seem to be the answer. A new plan had to be formed in order to extend the powers of the federal government making their decisions more powerful to aid in pulling the country out of the great depression …show more content…

This was all made it possible for the federal government to use state officials to get policies done and initiate federal programs. The federal government offer many incentives to the states to get these official to help implement plans and reach goals through offering grants to help state carry out their own programs. The ruling of South Dakota vs Dole was a prime example of the incentives offered by federal programs to states. To address the issues associated with cooperative governing federalism the “new plan” was implemented giving state back authority of certain rights. It cut back the rights of the federal government to regulate commerce on state interstates. It gave more power to the eleventh amendment and citizens of a state cannot sue a person in another state in a federal court. I believe the proper distribution of powers that the federal and state government bodies should have should not be equal. The reason I believe this is in my opinion is for the majority our federal governing system is very fair and the protection it provides. We cannot do without national defense. I believe that certain laws are important for different states but, for the most part most state and federal laws should be

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From the time the Constitution was adopted in 1789 to the Missouri Compromise in 1820 a shift in power occurred, this resulted in an expansion of the national governments authority over political and economic matters at the states expense. Hamilton’s economic policies, Marshall Supreme Court decisions, and the Louisiana Purchase were the fundamental factors that lead to this transfer of power. Though not without a fight from the Jefferson Democratic Republican party who supported a limited government and a strict construction, whereas the ultimate contributors to this exchange, the federalist, wanted to extend the powers of the government in order to create institutions that could strengthen the new country. However, despite opposition and pleas against these matters, the means and support behind the federal government proved to strong to prevent this sway and power.

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These authorities that the national government should have, were all up to the states to decide under the Articles. With the taking away some of the states rights in the Constitution, Anti-federalists feared that this would leave the states too weak, resulting in more problems. Under the new Constitution, many powers that were now in the government 's hands are: the power to levy and collect taxes, the power to regulate interstate commerce, the government set up a national court system consisting of district, circuit, and a supreme court, the government could enforce laws, there was now a house based on population, and a senate based on equal representation (two votes per state), to amend the Constitution, a ⅔ vote of Congress was needed, and a ¾ vote of the states were needed, and a majority rule was needed to pass bills. These new powers and abilities of the national government helped to create a strong, new

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In my opinion, the change in balance in favor of the federal government is positive. The Constitution was written in a time where most people didn’t travel as we do today and they will mostly settle in one state for their entire lives. Today, people lives and moves over all 50 states and having each state acting like a separate nation, completely different than the rest regarding laws, would not be

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Throughout history federalism has gone through several substantial changes, such as the boundaries and balances between the state and national government. Due to this we have experienced several different era’s of federalism from the original “dual-federalism” to the “new federalism” and just about everything else in between. Dual-federalism also known as divided sovereignty was a optimistic belief that federal and state government could exist if their was a clear division between authority. The problem with this is that there was a clever mechanism in the constitution that reserved a powers clause in favor of the national government. Such cases held in Marshall court favored the national government “McCulloch v. Maryland(1819)”, “Gibbons

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The country needed to focus on bigger issues at hand and have the power needed to respond to larger threats. Federalism has allowed for the government to efficiently respond to the issues of the 21st century, something that would’ve been entirely impossible under the Articles of Confederation. With events such as the tragic occurrence of September 11, President Bush and the other branches of the national government already knew what specific rights they had and were more able to respond to such an attack on the country. People from different states united to fight against terrorism and show that Americans was standing behind the government. Federalism over the years has exemplified that although the national government

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Then, Federalism was the only choice left. Federalism in the U.S has developed reasonably since it was first instigated in 1787. At that time, two major breeds of federalism were dictating the legislation; dual federalism and cooperative federalism. Dual federalism supposed that the state and federal governments are equivalents. In this, the parts

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Constitution was created in 1789 and lasted for about 150 years until the 1930s. Dual federalism is also known as ‘layer cake federalism’ and ‘dual sovereignty’ where there is a clear division of power between the national government and states government. Article 1 Section 8 of the Constitution listed the enumerated powers given to the Congress including the power to tax, coin money, make laws that are necessary and proper, which is referred as the elastic clause. In addition, the Tenth Amendment to the Constitution reserves power for the state government and reject the flexibility of the elastic clause. This prohibited the national government to interfere with States’ issues.

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The framers of the United States constitution created a system of government to help share powers and responsibilities between many people so that one person would not be a supreme ruler over everything. The traditional federal system beginning around 1789, favored the state's government making them more powerful than the federal government. For almost 150 years federalism was ran as a “traditional system,” Franklin D. Roosevelt created the New Deal which changed the way federalism ran in the states. The United States was the first nation to implement the federalism system into their government.

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This country was founded with the attempt 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 the rights of the state, and prevent tyranny of the majority. Throughout the years, federalism turned into dual federalism where the state and federal government were completely independent of each other and only shared a dependency on the Constitution. The united states suppressing now to cooperative federalism, the national government has assumed even more power, overruling the states with Supreme Court decisions and actions, and executive Orders. Furthermore, the Federal government should grant their state governments more power, due to the connection the state governments hold with their local people.

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Next, there was the confederal system. The confederal system is rarely used in this modern era, as it is technically a league of Free States that is overseen by a ruling central government. The confederal system was actually implanted in our government at one point. At that time our governments written laws were the articles of confederation. In a confederal system the overseeing government is only permitted to do, what the league permits it to do.

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“This stage got its name “dual federalism’ because the functions of the state and national government remained largely separated.” The United States used this method for the first 150 years starting in 1789-1937. “Layered Cake” Federalism is

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Primarily with grants-in-aid and regulations, the Supreme Court and national government have allocated money to local governments, under the condition that they are spent for purposes outlined by Congress. However, the Supreme Court has prompted many Americans to question, “who pays” the grants that help to regulate federalism and improve national standards. 15. What was the connection between New Federalism and state

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Since the early days of the Republic, the isolation of power between both the state and federal governments has altered. The isolation of power between both governments has altered on the grounds that Washington has more capability and and the state governments have lost their capability. However, the states are still important up to this very day. The states elect senators and representative, in addition to that, they request and use money from federal taxes, and etc.. Fiscal federalism has decreased local control over local governmental assistance. The states commenced to obtain the first federal grants prior to the Constitution 's adoption, in the establishment of land grants founded by the national government to the states, thereby, to

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When the federation first started the states still possessed more power as a whole than the federal government, a large piece of evidence is found in the spending totals throughout the late 1700’s through the 1800’s which shows the amount the states spent far outweighed that of the federal government (Christiansen, Jeffery “Lecture” GOV1113 06). The federal government during this era of federalism, known as dual federalism, was relatively small in terms of power and dealt mainly with national level improvements (i.e. taxes, roads, currency) and foreign affairs, while the states had control over all other matters and the two didn’t intervene with each other much (Christiansen, Jeffery 3.9). Starting in the early 1900’s this changed with president Franklin Roosevelt to cooperative federalism. This new era of federalism was brought on by the broadening of the federal government’s power through a changed understanding of the commerce clause found in Article 1 of the Constitution by the Supreme Court (Ginsberg, Benjamin, et al. 73). The expansion of federal aid through grants also increased the dependency of the state on the federal government causing the aid to switch from a nice bonus to required funds.

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“American Federalism: A concise introduction”. Routledge.

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