The Power Struggle of the States and Federal Government in the United States

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.

When problems arise in our nation, we are left with a complicated crisis as to whose job it is to do what and who exactly should be taking care of any bad situation that seems to pop up with daily life anywhere in the world, but in this case, America. Certain governmental systems, such as Federalism, can be considered a solution to these crises. Federalism can be defined as the relationship between the individual state governments of America and the national or federal government of the United States; and works to balance the power of a large central government, and the power of the smaller regional governments.

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.

and thus pave the way for the modern national state that would emerge after the

The United States government system is very interesting and complexly designed. The state and federal government is a mirror of each other when it comes to the generics of the executive branch, legislative branch, and judicial branch, however, internally the state government has major differences on how the branches are conducted. Throughout this paper we will discuss the greatest difference between state and federal, which is the state cannot change or remove laws passed by the federal government but they could change how they execute the federal laws to their liking as long as it is constitutional.

The federal government and state governments have had a long history of powers struggles. The struggle goes back and forth between who has the right to make decisions and if there is a problem who should fix it. Sometimes it is better for the federal government to fix issues and during other situations it is better for the state or local governments to fix other issues. In the PBS special of the United States Constitution, Peter Sagal travels around the states documenting the various roles and impact the government has on the country as a whole and on the individual states.

Federalism is a compound way of governing, with a central government, also known as a federal government, and a local government. Each government had their own powers, but to accomplish the bigger goals the key was to have cooperation and teamwork to solve the issue. The federal government’s powers were solely focused on war, money and relations with other countries and states outside of the United States. In accordance, the local government took care of the more specific things going on in that certain state. For example, they took care of things such as elections, constructing schools, and passing laws for marriage and divorce. This helps to guard against having a government ruled over by a tyrant by having the more sizable powers given to the higher-up individuals in the government, and the locals governments dealt with the laws that pertained to their specific state. “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among distinct and separate departments” (Document A). The governments are ruled this way because if one government had all the power, they would surely use it unfairly, as all that power would get to their head. “Hence a double security rises to the rights of the people” (Document A). This would in fact raise the rights that the people had because they would have a

Indirectly, or directly, one can argue, public schools are controlled by the federal and state governments. Several issues have emerged, because of the conflict between federal and state requirements for education. “Under the Tenth Amendment, any authority not given specifically to the federal government is reserved to the states. Thus, the federal government has no authority to regulate education directly; that belongs to the states” (Underwood, n. d., p. 2). To get around this, the federal government controls the schools through funds for complying with certain initiatives, procedures, and policies (Underwood, n. d.). Ironically, both the state and federal levels of government hold the district liable for implementing different agendas and legal obligations. The federal government, however, can ensure that no citizen is denied their rights or privileges, even in a private institution, because of the Bill of Rights and other amendments. Failure to comply by these amendments or statutes can lead to the loss of federal funding and legal reproductions for schools.

In addition to saving the integrity of the Federalist-dominated Supreme Court in the case of Marbury v. Madison, John Marshall also promoted certain Federalist principles, including the idea of a strong national government. From the years when the Constitution was being created, Alexander Hamilton fought for the creation of a national bank since he believed it was “necessary and proper” for the growth and development of the United States (“The Marshall Court”). As Hamilton and the Federalist Party had hoped, a national bank was created and one of its branches was placed in Baltimore, Maryland. State legislators from Maryland were not satisfied with the progress the bank was making because the negligent behavior of its bank officials was bringing the bank under (Newmyer, 295). To save their citizens from having to deal with the bank’s faulty leadership, the legislators attempted to drive the branch out of the state by placing a tax on all the banknotes issued by the bank. When the tax was purposely left unpaid, Maryland sued the cashier of the bank--James McCulloch. In the state courts, Maryland won its case,

During 1816 Congress chartered The Second Bank of the United States. Two year later in 1818, the state of Maryland passed legislation to impose taxes on the bank. The cashier of the Baltimore branch of the bank, James W. McCulloch, refused to pay the tax. An unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Chief Justice Marshall noted that Congress possessed unremunerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme.. they control the constitution

The founding fathers created an effective federalist system in the United States, specifically in the way that the Constitution and Bill of Rights separates the powers. The balance and restrictions between the national and state government have greatly altered ever since. Over the course of American history the concept of federalism has transformed. It began as a distinct separation between the states and national government, for each section controlled their own areas of accountability. In the following years, as tension arose, federalism transformed what is known as the marble-cake

Maryland; this was a case that declared that it was unconstitutional for the state government to tax the bank of the United States. James McCulloch had refused to pay the state tax. In his perspective, he believed that the states didn’t have the power to tax the national bank. However, Maryland argued that they had the ability to tax any business within their state. This brought into question if the establishment of the National bank was constitutional in the first place. In this law case, the Supreme Court made the final decisions that Congress has the power to create a national bank, and they also declared that Maryland could not tax the national government. The declaration proposed by the Court helped the federal government gained more

The federal government role in America from the late 1800s during Reconstruction, up to the early 1900s during the Great Depression, often expanded and contracted in response to the demands of the American public. During this time frame, the nation underwent major changes and faced many challenges in order to get where we are today. As a country, our priorities shifted from being concerned about encounters right in front of us, to encouraging and pursuing a better future for everyone. After years of hard work and dedication, with the help of the federal government, our nation was finally focused on a greater life for all people. Therefore, without both the high and low points of the federal government throughout this period, we would not reside in the homeland we have today. To conclude, the role of federal government has changed over time in many ways, including but not limited to: protecting rights, promoting economic development, encouraging expansion, and providing financial support.

Was an argument between McCulloch vs Maryland. The argument was a battle between whether the constitution allows a national government to run a bank. As well as does the constitution allow state governments to tax a national bank operating within its borders? However the Supreme Court ruled in favor of banks being able to be built and run by the national government. However they ruled that state governments are unable to tax a national bank that is within their borders.

Federalism was an inevitable and paramount mechanism to creation the of the Union. Therefore, it is acceptable that its governing principles would define and refine a majority of the nation’s history. Shaping the government, laws, and politics of the current and future generations during the creation of the Constitution, federalism permanently altered the life of every American. Federalism and the Constitution were derived from a similar ideal: endurance of free society had to be preserved by a sense of unity that acted as a safeguard against prevalent dangers, advanced the common good while still maintaining responsiveness to the diversity of the nation (Wechsler, 1954). The Constitution established a central government that possessed the capacity to interpret its