Federalism: Challenges to the Placement of Power Argosy Online University Abstract Federalism was first brought to light with the writing and authorization of the constitution of 1787. Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of government in which control is constitutionally divided between a central governing authority and part political units. Over the years Federalism has undergone several challenges to its placement of power between the government and state. Some supporters say that a state should have more power than the federal government and then there are others who say the Federal government should be the ruling body alone.
Professor KC Wheare defines the constitution of a state as: “… the whole system of government of a country, the collection of rules which establish and regulate or govern the government.” The evolving nature of the UK constitution implies that it is somewhat straightforward for the government to alter the constitution and adapt it to ever changing times. The constitution of the UK is extremely distinct, as it is not set out in a specific document, which establishes the rules of the state, therefore it is often deemed uncodified. The fact that the full UK constitution cannot be found in one specific document, leads many to argue the flexibility and therefore, instability, of the UK constitution, as it is susceptible to change over time. In comparison, the constitution of the United States is codified and present in an easily obtainable document. In order to implement change in the US constitution, therefore, there is a much stricter protocol to follow.
The formation of the United State’s Constitution in 1789 marked the birth of a new governmental system. Beforehand, the Articles of Confederation served as the governing document of the nation and laid out a foundation for several self-governing states to be loosely unified. The federal government, during this time, did not acquire enforcement power compared to the individual states. The Constitution established a system in which federal and state powers were concurrent. However, between 1789 and 1865, conflicts arose due to the controversies regarding federal power and states’ rights.
ALEXANDER HAMILTON AND A FEDERALIST NATION How an Outsider Shaped America’s Economic and Political Future Jason Carr U.S. Constitutional History, 460 Winter Term, 2013 THE EARLY LIFE OF ALEXANDER HAMILTON The basic tenants of federalism advocated by Alexander Hamilton have stood the test of time and contribute greatly to the financial and constitutional system in modern America. Federalism in the United States is the idea that the supreme power of a nation should reside within its central government making it sovereign over the various states. This became an important principle that was debated during the Constitutional Convention. Hamilton was an ardent believer that the states were incapable of uniting the people politically and economically.
For nearly a century and a half, virtually all of the fundamental policies governing the lives of Americans were made by the state legislatures, not by congress.” (American Government pg. 78-79) “The relationship and authority of states and the federal government are governed by the U.S. Constitution. The federal government is delegated certain enumerated powers while all other powers not otherwise prohibited by the Constitution are reserved to the states. Through this dichotomy, America has thrived--a nation of laws with a strong national and international identity anchored by the diversity and innovation of representative self government in the states. No matter the challenges to our nation,
As we examine IGR we will find it is complex, developing, and important to understand. The first thing we need to understand when looking at the IGR federalism is to know what exactly we are referring to when we talk about federalism, the text defines federalism as: “A constitutional division of governmental power between a central or national government and regional government units (such as states), with each having some independent authority over its citizens.” (Gordon, pg. 108) You see in the constitution and generally when we talk about our nation’s federalism, we see it refers to the separation of two political systems, the National Government and Sate Government. It is the system of maintaining the integrity of each political system and ensuring no overstepping of power takes place (Federalism). IGR is a whole different animal; the problem is there are no clear cut rules or really even guidelines like the constitution provides for the National Government and State Government.
Article III of the US Constitution establishes the judiciary branch - the Supreme Court. Although the US Constitution includes democratic principles such as checks and balances and the separation of powers to ensure the equal balance of power amongst the government branches, the legislative branch was designed to be most powerful. The organization and qualifications of Congress also contribute to the democratic shortcomings of the US Constitution. One of the biggest of these government decisions is electing the president, for which the system of the electoral college is in place. The US Constitution did not abolish slavery, and an interesting guarantee regarding slavery was included in Article IV of the Constitution.
The principle was adopted by the Founding Fathers due to their fear of totalitarianism. Montesquieu argued for separation of powers in his book L’Esprit de Lois, where he stated that separation of powers will avoid tyranny ‘When the legislative and executive powers are united in the same person…there can be no liberty.’ On the contrary to the US, the UK’s powers are fused; the Prime Minister is both the executive and part of the legislature. In the US system there is also a separation of personnel, this means that no person can be a member of more than one branch at the same time. When Senator Al Gore was elected vice-president in 1992, he had to resign from the Senate. Similarly, in 2008, Barack Obama too had to resign from the Senate.
However, if the broader definition is adopted that states the existence of rules which determine governments operation and institutions, then a constitution exists in the United Kingdom. A.V. Dicey claimed that the United Kingdom Constitution was based on twin pillars of Parliamentary sovereignty and the rule of law. The United Kingdom constitution is characterised as being unitary and unwritten, however the division between written and unwritten constitutions is debateable. No constitution is exclusively written or unwritten.
Hamilton and Jefferson’s plans differed opinionated, economically, and politically. Hamilton and his federalist standpoint were based on a strong central government, Strong national bank and an alliance with Britain. Jefferson however could be considered opposite. The anti-federalists opposed a strong central government and instead focused on a state government. They also opposed a national bank nervous it would give too much power to t he central government.