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The Failure Of Federalism

895 Words4 Pages

Federalism is the separation of power and responsibility between states and the federal government. It allows the state governments to exercise policy without interference from the federal government. The formation of this system of government has its origins in the Articles of Confederation. That system of government allowed states to regulate their own trade, make their own currency, and make legislation. However, the Articles failed for many reasons, like economic disorganization which led to financial hardship. By the late 1780’s, America’s economy was struggling to grow and it was also having difficulty to pay off debts from its fight for independence. The government’s inability to manage trade also cause economic turmoil; Congress was …show more content…

The national government would tax on a national level, create a national currency, have national foreign diplomats, regulate international trade, and even maintain a national mail service. The state governments controlled most police powers, health, education, and welfare. However, the Tenth Amendment states that “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.”.
Conflicts over states rights have been prevalent since the formation of the Constitution, the largest of which was seen in the Civil War on the institution of slavery and whether the federal government had the right to regulate or even abolish slavery. This power was previously held by the states, and it was a testy conflict to say the …show more content…

Dole caused a discussion on the power of the national government. The national government had just raised the minimum drinking age to 21 and stated that “ all states must raise their minimum drinking age or 5% of all highway funds will be withheld”. In South Dakota it was legal for 19 year olds to purchase beer with only a 3.25% alcohol content. South Dakota argued that withholding the funds didn’t allow the states to regulate health, the requests were unreasonable, and that the mandate infringed on their 10th amendment rights. The ruling of 7-2 stated that “Congress may attach reasonable conditions to funds disbursed to the states without facing infringement of the Tenth

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According to the Tenth Amendment of the constitution, “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”. There have been moments in history where Congress has implemented laws that states felt were unconstitutional. The Constitution gave states the ability to counter the federal government’s power through the Judiciary branch of government, when they feel a law is unconstitutional. The Founders of our nation gave Congress enumerated powers to pass legislation that needs to be abided by all states and citizens. At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers.

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