¶ … Federalism
Throughout American history the power of the federal government in comparison with the states has been continually debated. This is because there is a principal known as the separation of powers. In the Constitution, this is reserving certain areas of authority for the federal and state governments. The problem is that many of these powers can often come into conflict with one another on a regular basis. As the Constitution, will provide some basic guidelines, but it will not address specific areas. To account for this, the courts are relying on individual interpretations and case precedent. This creates conflicting areas of authority, based upon the general powers that are given to the states and federal government. (Bonnie)
In the case of the federal government, this kind of conflict occurred in 1984 with the passage of the National Minimum Drinking Age Act. This law encouraged the states to raise the minimum drinking age from 18 to 21 years old. Those that did not comply with these provisions would be subject to a 10% decrease in federal highway funding under the Federal Aid Highway Act. This has created controversy surrounding the powers of federalism vs. states' rights. To fully understand what is happening requires looking at this case and focusing on the issues of morality. Together, these different elements will provide the greatest insights as to how federalism is dealing with these challenges. ("Title 23")
In the 1970s, different states across the country began lowering the minimum drinking age from 21 to 18. This is using the powers that were given to them with the repeal of Prohibition. At the time, it was assumed that the states have the right to set limits on the sale and distribution of alcohol within their borders. As a result, all of them established the minimum drinking age at 21 (which was the legal standard for being an adult). Once18-year-olds were...
The Role of Federalism, Foreign Tariffs and the Western Territories: The period before the American Civil war coincided with the evolution of the modern American federal court system, particularly with respect to the nature of the relationship and the respective authority of the federal government and sovereign state courts (Murrin 2006). Landmark Supreme Court cases had begun chipping away at the rights of states to decide issues related to slavery, but
American history as it relates to the first five Presidents of the United States. Specifically, it will discuss the impact of early leaders of America on the democratic government, and how the first five presidents impacted early American government. It will also look at the accomplishments of each president and different facts about each that contributed positively and negatively on America as it formed as a nation. The first
The Civil War was one of the most defining events in the nation’s history, and at the time was the most important event since the American Revolution. Whereas the Revolution embodied the ideals, values, and principles of the new nation, setting it apart from the British Crown and forever altering the geopolitical landscape, the Civil War revealed the persistent hypocrisy that continues to plague American society. Unresolved conflicts left brewing
American Mistrust of Centralized Government This is a paper written in APA style that examines the traditional preference that Americans have for local government, the traditional distrust they have of centralized government, and the reasons behind these phenomena. Local Government: A Traditional American Preference There is a strong traditional preference for local government over centralized government in this country. This preference goes back all the way to the beginnings of our nation and
Latin American History For the first two generations of Latin America's radicals, liberals and democrats, the legacy of the colonial past was a terrible burden that their countries had to overcome in order to achieve progress and social and economic development. That legacy included absolutism, arbitrary rule, aristocracy, feudalism, slavery, oppression of the indigenous peoples, lack of public education and the overwhelming power of the Catholic Church, backed by the state.
So, although the two entities are linked by the constitution, it is essential that the federal government provide the state governments with the means to carry out their own policies, and this needs to be done in a nearly equal manner relative to each of the elemental components. Overall, if a is considered to be the state government, and B. is the federal government: The federal relation or federalism will
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