The states can contest the federal government rules and regulations in the federal judiciary branch. The states have contested federal laws, incidence of them blocking federal authorities from enforcing federal laws and cases involving individuals who break federal laws, but not state law (Levy, 2013). The ability of states to challenge federal laws that they feel are unconstitutional is part of our system of democracy. These challenges have led to parts of a law or the full law to be unconstitutional and overturned by the
The ruling resulted in the leverage that federal law presides over state
For example, in many landmark cases, such as Sturges v. Crowinshield and McCulloch v. Maryland, the US Supreme Court advocated the supremacy of the federal government over the states. [5] During the economic development, the slavery was a thorny issue to the federal government and it was closely connected to the land policy. The issue eventually led to the several land ordinances including the 1787 “Northwest Ordinance” governing settlement which later became various states, such as Ohio, Indiana, Illinois, Michigan, and Wisconsin. Eventually, the federal government came up with the Missouri Comprise that settled the disparity between the North and the South for the time being. [6] Nonetheless, the economic policies implemented by the federal government faced strong oppositions from the state governments;
The tenth amendment 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. ”(US Constitution). In other words, it says that any power that the government does not have, is given to the state. For example, states determine rules for marriages, DMV, voting, states taxes, and educational funding.
This type of system can sometimes cause confusion on who has the authority to make decisions at local and state levels. Amendment Ten to the Constitution was established to address this issue; basically, the amendment states that unless otherwise delegated by the Constitution, to the United States, that the power lies with the states or the people. Amendment Ten’s incorporation into the Bill of Rights is vital for the preservation of liberty and also key to diffusing the realm of government rule. According to the text, “By the People”, during the Obama administration, “progressive federalism” was introduced and there was a mix of the “Democratic approach (national goals) and Republican values (state innovation)” (95). Additionally, the text, “By the People”, states that “The Constitution’s authority rests, not on the states, but on we the people” (65).
Firstly, we can’t endorse the national government have all the power to decide what happens in each state, that’d be crazy. To let a bunch of people in Virginia decide on what happens in Colorado, it would be unethical. To prevent that, there needed to be a federal government. Each state has it’s own mini-government
Although some Supreme Court cases have helped to explicitly establish some powers of the national government, there are many spheres where states make decisions on their own and some aspects in which the national and federal government coincide. The “picket fence” refers to the overlap of national and states’ rights and how they work collectively on these issues. Even though the national government is a powerful entity, it is still kept in check by the states and by its various branches. Rather than having very outlined restrictions, the states and national government work together for the bettering of the nation. Also, the national government has allowed states to keep autonomy with block grants, which allow them to choose how to spend their funds to better assist their citizens.
The States could never be enforced to do anything, except for war and closing borders, the States could
Consider local law enforcement actions as an example. Typically, a case wouldn't go to the federal government directly. They’d have far too much control over the populace, and it is considered unconstitutional ("National Constitution Center"). Cases would be sent to the state's specific government, and it would be taken from there.
United States. This crucial court case was enacted in 2010, and addressed the increasingly popular issue of illegal aliens in the United States. The state, Arizona, wanted to wrongfully control the lives of unlawful aliens, thus passing the state law SB 1070. Consequently, the United States Government rejected this state law expressing that the four provisions this law enacted conflicted with the authority and provisions already set in stone by the federal government. This would not have been a problem if the branches were using separation of powers correctly.
Federalism is the different types of principle that the government enforce law to ensure the safety for citizen and non citizens. Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally the supremacy clause can also overtake the state laws and even state constitutions. The founding fathers decide to use federalism as a way to control the people and their actions, they believed that governmental power inevitably poses as a threat to individual citizens for life and liberty because some states may abuse their power so the government decide to make laws to prevent states from taking too much power. only the federal government can intervene with
The Amendments of the Constitution must be taken into consideration to see which apply to the given scenario. While applying the Amendments, it is imperative to remember that federal law comes before state law, where the federal government is authorized to make the law. There is also the interpretation of judicial philosophy. Some judges believe that the Constitution is a living, breathing document and is meant to be interpreted broadly, flexible, and in congruence with modern views points within society. While others believe the Constitution to be nonliving, this difference can cloud the interpretation of what is considered constitutional for the government to regulate.
Federalism is defined as a system of political organization with several different levels of government that exercises a range of control over the same geographic area. These levels of government consist of the city, state, and national (Hall, 2015). The United States and the United State Constitution establishes federalism when the power is shared between the United State federal government and as well as the individual state governments. The federal government systems establish two levels of government, and each one of these levels the government people are assigned different functions. One of these levels of government is the national government.
The case in Arizona is a drop in the ocean compared to the scale of immigration laws in the US. New Mexico is a state the contradicts the immigration laws of Arizona, and it provides a means for illegal immigrants to manipulate stipulations of their residency in the US. This suggests that the variation in immigration laws provide the basis for immigrants to continue to enter the US and become legal citizens. With Equal Protection Clause, it is difficult to determine how some of the statutes will apply and abide by the statute in the constitution(Find US Law, “US Constitution: 5th and 14th Amendments”). In addition, the regulations do not factor in personal bias, and authorities will state that rational thought is implied in action.
An issue such as medical marijuana, the federal government allows states to make and enforce laws in their own states. States such as Washington, California,
