Criminal Jusitce

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Amanda Burris
Introduction to the Courts
Assignment 1.1 Federalism: An outdated concept?
Mrs. Mary Morgan
January 14 2012

Federalism has been around since the start of our nation. It has tried to balance and set boundaries between the national and state government which has changed significantly since the start of time. It is still evolving as we are in the twenty-first century. The role that our government has today is expanding.

The framers helped create this federalist system, and outlined the powers in the Constitution. There are four types of power enumerated which can declare war, coin money, levy taxes, and regulate interstate commerce. The second type-implied power regulates telecommunications, and builds interstate highways. The third inherent power allows for defining itself from foreign and domestic enemies. The last power prohibited suspended the writ of habeas corpus, and tax exports (http://www.sparknotes.com/us-government-and-politics/american-government/federalism/section1.rhtml).

At the Constitutional Convection, there was a lot of disagreement. Many feared that the government was too strong, and delegates were afraid that the state’s rights were weak. As a result the Constitution created a federal system where power is divided and shared between the national and state governments (http://www.sparknotes.com/us-government-and-politics/american-government/federalism/section2.rhtml).

There are several pros and cons to federalism. Some of the pros include fosters state loyalties, creates laboratories of democracy, leads to political stability, encourages pluralism, and ensures separation of powers and prevents tyranny. The cons include preventing the creation of a national policy, and leading to a lack of accountability (http://www.sparknotes.com/us-government-and-politics/american-government/federalism/section4.rhtml).

Concentrating all power in the federal government would pose as a serious threat to privacy...
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