As citizens of the United States we exist under a federal system of government. There are different levels of the system, each cooperating with the next and each having some form of formal authority over the people. The age long argument has been: “more state power is most effective – no, more federal power is most effective”. There are also those who believe that an equal cooperation between both state and federal governments, our current way of separating power, is the most effective. So where should the line be drawn and which is most effective? The Constitution gave us a basic outline for how we should run our government. The bottom line is cooperative federalism – powers and policy assignments are shared between states and the national government and they may also share costs, administration, and even blame for programs that work poorly (Edwards 81). The idea of cooperative federalism has raised an important question: Where do the boundaries of national government end and where do the boundaries of state governments begin? The tenth amendment has somewhat of an answer to where the state boundaries begin. It says that if a state is not given a power directly by the constitution but is not prohibited from using that power then it is the state’s right to use and regulate that power. As for the boundaries of the national government, the supreme court case of McCulloch v. Maryland gives a good example. In 1791 the government established a national bank. This bank could print money and make loans as well as a number of other banking responsibilities. Many people who believed that the government should have a limited amount of control over the economy were opposed to the idea of a national bank. Eventually the government stopped funding the bank, but not long after came the second national bank. Out of defiance to the bank, the state of Maryland passed a law taxing the Baltimore branch $15,000 a year which it refused to pay. Maryland decided to sue the branch’s
provision explicitly declaring that the powers of the three branches of the federal government be separated. Yet, separation of powers serves various goals. Separation prevents concentration of power and provides each branch with the arson to fight off encroachment by the other two branches. The system of separated powers is designed to maximize freedom.
In United States v. Sparks, 687 F.Supp. 1145 (E.D. Mich. 1988), the court held that the separation of powers doctrine could be violated in two ways:….
Colorado Technical University Online
Power between federal and state governments
Professor John Ragan
Phase 1 Individual Project
In this paper, you will discover what differences and similarities that the U.S. Constitution points out between the federal and state governments. The constitution states in the Articles of the “Bill of Rights” what laws pertain strictly to each the federal and state governments. What is more, there are several points….
How a society punishes their criminals can say a lot about the way the citizens live their lives. Here in the United States we would rather take better care of someone in prison for life than a person on the street who has never committed a crime in their life.
The philosophy and practices has changed drastically in the last 30 years. Rehabilitation was the main focus for the beginning of the 20th century. This gave way to a new found focus on justice, and fairness in the 1970s. Crime control was….
STATE VERSUS FEDERAL POWER TO REGULATE IMMIGRATION
According to the U.S. Census Bureau, the foreign-born population in the United States tripled in the past four decades and currently totals about 37 million, or nearly 12 percent of the total population. What authority do states have with respect to immigration matters? For decades, the power to regulate immigration has been considered a federal power. However, in recent years Congress added a new provision that allows local law enforcement to….
Powers of the States versus the Powers of the Federal Government
January 24, 2012
There is an ongoing debate between centralists and decentralist about state, local and government law regulation. This paper will show what the arguments would be between centralists and decentralists on The Medicaid funding of Planned Parenthood, Energy assistance for low-income families and the sentencing reform for offenders convicted of crack-cocaine….
A. Powers of National Government under the Constitution:
1. Supremacy of National Law: The Constitution and federal law are the supreme law of the land; they pre-empt state constitutions and state law. Article 6, section 2 explains that when a dispute occurs between the state and national government the national government pre-empts conflicting state and local laws, making them unenforceable. The hierarchy of the law is as follows:
- U.S. Constitution.
- Federal law (under constitution)….
State and Federal Prisons
When a criminal is arrested the type of crime determines whether or not he or she will be confined to a state prison or a federal prison. Federal and state prisons vary but may have the same theory. State prisons are run by the individual state and federal prisons are under the control of the federal government; both federal and state prisons can be run by private companies. The prison system has evolved greatly over the years.
History of State Prison
The debate of states’ rights versus federal supremacy is one that affects America today and has since the country was founded. It started with the writing of the Constitution in 1787 and the formation of Federalists and Anti-Federalists, who had opposing views on the document. The two major arguments were that a strong central government would eventually become tyrannical, and that a strong central government was needed for the nation to move forward. Years of conflict between the two sides occurred….
State and Federal Aid
There are many past and rising issues involving public school finance. The public schools system is funded through federal, state and local taxes. Each state has different formulas to distribute funding from state and local taxes. Federal funding does contribute to the rising cost of education for each state. State and local taxes is allocated to cover the majority of educational costs. Student achievement depends upon the available funding allotted to each district. This….
Federal and State Prisons
Dr. John Opinski
Federal and State Prisons
There are so many different types of prison systems in the world these days, it can go from a stay of one year to a stay of life without ever having the chance to have freedom back meaning life without parole. Once the words are uttered to someone that is something that can either break you or make you realize that, you have not only destroyed your life as you knew it but you have destroyed your….