Federalism: Supreme Court of the United States and Power Essay

Federalism is two governments working together and sharing power. This means that the national government does not have all the power since the states have some and the states have some power so the national government have all the power. They share power so one doesn’t grow too powerful and become a tyrant. An example is driving laws. The states can make their own driving laws and there is no national power over it. But the national government does have the power to override the states if they think the states are becoming too loose in their

In the Unites States of America Federalism is the basic structure of the American government; it is the distribution and balance of powers between the National government and the States government. In order to obtain a compromise between those who wanted stronger state government and those who preferred a stronger national government the founding fathers arranged and settled for a federal system rather than the alternatives of a unitary or confederal system. While both National and State governments each have specific powers and authority, they also share certain powers and must be able to cooperate effectively with each other.

New federalism is based on devolution, the transfer of power to a lower level especially by the central government to local or regional administration (Study.com). Ths means that although the federal government is on top the states are being overruled. This makes everything equal.

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. 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 would be the future of America. As it was expected to be, federalism has had an impact on the American politics even as far as elections are concerned. There were some key reasons that

Federalism was the first guard against tyranny. The central government and states both had their own powers but also shared a few. They had trading, conducting foreign relations, declaring war, making immigration laws etc. Local state governments got elections, establishing schools, passing marriage and divorce laws, and regulating in-state business. “The different governments will control each other and at the same time it will be controlled by itself,” said James Madison in the federalist paper #51.

Federalism guards against tyranny by dividing the power between central and state governments. Some powers given to the central government are to regulate trade, to declare war, and etc. Powers given to the state government are to hold elections, establish schools, and etc. Both the state and central governments check each other to make sure one doesn’t get too much power.

To make sure that slavery stayed abolished, Amendments had to be passed in order for slaves to be safe and treated fairly. The northern government wanted to get rid of slavery once in for all, but the southern government did not. The northern government passed amendments to keep the slaves free and safe. For example, in lesson 3, document B, it talks about three main Amendments passed to give slaves rights. Amendment 13 was the first one mentioned and it says “neither slavery nor involuntary servitude, (except as a punishment for crime,) shall exist in the United States.” This meaning that no one can be forced to work without pay or mistreatment. Amendment 14 was mentioned second and it states that “all persons born or naturalized in the United States are citizens of the United States. No State can enforce any law that limits privileges or rights of citizens of the United States nor shall any State deprive any person of life, Liberty or property.” Meaning that everyone in the United States is equal to one another and no one can be treated lesser than anyone, by law. The last Amendment talked

Federalism splits the powers between the state and federal government. They also share powers like taxing, making laws, enforcing laws, setting up courts, and borrowing money. This lets the states take care of

Federalism is a system of government in which entities such as states or provinces share power with a national government. During the creation of the constitution the Framers questioned where powers should lie in these separate entities; The Framers however didn’t want to make the mistake of centralized power so they used the system that utilized checks and balances. They created a that system Charles de Montesquieu called the idea of dividing government power into three branches the "separation of powers." He believed it was most important to create separate branches of government with equal but different powers. In the framework, it became clear that they framers wanted preserve liberty with usage of dividing power among state and government.

The concept of federalism centers around the state and federal government dividing and sharing powers. James Madison wrote in Federalist Paper #51 that under the Constitution, “The different governments will control each other, at the same time that each will be controlled by itself”(Doc A). The reason the framers of the Constitution put Federalism into practice was to prevent the Central Government from having all of the power, thus preventing a tyranny. Most of the central government’s sole powers have to do with foreign affairs, such as trade, war, immigration, and the military(Doc A). The states have the power to decide local laws and set up local governments and schools(Doc A).

Federalism is a mix of the central government and the states into one political system. The central government would have one role while the states have another. Additionally, federalism allows the central government and the states to share their powers. (Doc A) Federalism ensures the separation of powers and prevent tyranny. Even if one were have all the power of the branches of the federal government, federalism ensures that the central government and the states would still function independently. The central government would be the one that regulates trade while the states would be the one that establishes the schools. No matter what, the central government and the states help fulfill the needs that can benefit the nation in whole. Dividing powers and giving different responsibilities between the central government and the states is one way that the Constitution did to prevent

When the government first achieved independence from England there were thirteen individual governments. They had an agreement called the Articles of Confederation that specified how each would interact with the others and manage the states. Despite the ratification by every state the agreement soon became problematic. What ensued was the meeting of state delegates, known as the Constitutional Convention, who planned to revise the problems. As a result the U.S. Constitution was fashioned to take its place. The idea was to ultimately federalize the States. That means each State remains an individual government but also agrees to be part of a Union. Thus created a federal government that would handle those things that are best controlled by a central government, which acts on behalf of the many States. An example would be the Navy and Army. The Federal Government has the right to raise and maintain a full time standing military. The Federal government is not limited to just the enumerated powers granted to Congress. It was also arranged that the national government would have powers not specifically stated in the Constitution, called implied powers. Although popular

Federalism is the division of powers between state and national governments. Federalism gave lower levels of government power that they did not have. The purpose of federalism is to give the people a sense of power, and essentially more liberty. However, it also allows a balance of power by giving states the rights to make their own laws, all while still recognizing the national government as superior.

American federalism has changed drastically since its genesis. In 1776 the thirteen colonies adopted the Articles of Confederation in order to coordinate their efforts in the war for independence. The Articles of Confederation bound the states together in two main aspects; foreign and military affairs. The Articles of Confederation worked well while all the states had a common cause. However, as soon as the war ended and interests began to change, it became obvious that the Articles were not enough. This brings on the creation of Federalism (Reinventing American Federalism).

The Supreme Court, under John Marshall, defined itself with its historic 1803 decision in the case of Marbury v. Madison. In this single landmark case, the Supreme Court established its power to interpret the U.S. Constitution and to determine the constitutionality of laws passed by congress and the state legislatures. John Marshall went on to serve as Chief Justice for a record 34 years, along with several Associate Justices who served for well over 20 years. During his time on the bench, Marshall succeeded in molding the federal judicial system into what many, as I do, consider to be today's most powerful branch of government.