One of the issues where federalism comes into play is with the “graduated driver’s license” law. While I do think this law is a good idea, I do not think the federal government should impose this law or any law on the states. Let’s hypothetically say Wyoming didn’t have a “graduated driver’s license” law. Instead of the Federal Government requiring states to implement such a law, I feel that legislators in Wyoming should decide for their state because I believe Wyoming legislators know their people and state far better then people in Washington, DC. Another issue I have with the Federal Government is with laws that are tied to federal funding. An example of a law like this the National Minimum Drinking Age Act, which said states should
As previous mentioned the tenth amendment protects state power to govern themselves so long as that governance does not defy the Constitution. In the article, “Morality Policy and Federalism: Innovation, Diffusion and Limits” by Robyn Hollander and Haig Patapan, they discuss if federalism supports and allows for innovation and diffusion. In the journal, they discuss how the case of Gonzales v. Raich, which was a case where two women with severe illness were growing marijuana and challenged the DEA agents who had destroyed their plants in 2005 during a search, and the Supreme Court ruled in favor of the DEA agents based on the fact these women may, while it not their original intention, sell the marijuana they have grown, which could go to other
They should worry more about our population as a whole instead of all the different laws the different states have. The federal should work more on the relationship with other country and protecting the people in the US. I think if the US would do this the states would have a better relationship and our relationship with other countries could be better. Next people wouldn't have as much bad things to say about and protest about the federal government. If we did this I believe that our country as a whole would be
“Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect.” Arizona v. United States, 132 S. Ct. 2492, 2500 (2012). The Supremacy Clause provides a clear rule that federal law “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Art. VI, cl. 2. Under this standard, Congress has the power to preempt state law. Arizona, 132 S. Ct. at 2495; Crosby v. National Foreign Trade Council, 530 U.S. 363, 372 (2000); Gibbons v. Ogden, 9 Wheat. 1, 210–211 (1824). However, it is assumed that historic State police powers are not superseded “unless that was the clear and manifest purpose of Congress.” Arizona, 132 S. Ct. at 2501; Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947).
The United States of America is under the system of government known as Federalism. Due to the Supremacy Clause, federal law takes priority, therefore unfunded mandates “take precedence over local needs at times of strained budgets”. How is that helpful? Scholars agree that the amount of “damage that unfunded federal mandates are doing to local government” is massive. For instance, if the City of Fort Worth had a new plan to revitalize
“Devolution would restore clearer lines of responsibility between state and federal tasks.” Eggers and O’Leary believe that bringing the government “closer to home” would help to bring the state and federal governments closer to equality. In pulling federal focus away from issues such as education, housing, job training, etc., the states will have better communities and will better be able to control the things happening within them. Issues vary from state to state, and pulling responsibility out of Washington, states will have an easier and more effective time fixing said issues. The idea of “one-size-fits-all” is not the most valuable
State or federal power? Have one or have both. In the 10th amendment it cites all 50 states have power almost as much as the government. Now, if states didn't have education powers, or rights to even establish the federal court system, and not even get to speak of their needs it would just be federals job to figure that out , Thinking about it, we would be one big state
The United States today uses a federal system of government where power is shared between the national government and the state government. Through the use of fiscal federalism, the national government tries to influence the policies of the states through the use of grants. This leads to cooperative federalism, where the local, state, and federal government share the expense of programs and projects. Sometimes the federal government makes the states take action without providing the sufficient funds. When that happens, it is called an unfunded mandate. We need to have more devolution in the United States. That is when the federal government gives more power to the states to make and change policies. The federal
In conclusion, state law and federal law are very similar as, they are each meant to dictate a measure of safety for the citizens of the United States of America. According to the United States Constitution federal law, which is dictated, allows the federal government the power to make laws for the people and for the country as a whole. State laws are meant to allow each state to be allowed to govern them and handle the issues within their states. This power was given to them from the Bill of Rights that was also outlined in the Constitution (FindLaw, 2012).
When it comes to the government not many people fully understand what is going on, especially when it comes to the budget and how they decide what to spend things on. Some people just tend to look at a country and see a huge amount of debt and just assume that the country isn’t doing well. When people look at the United States of America they see a country that is a world power. People see a country that overcame many conflicts and is still trying to develop further, as much as possible. A country that has a lot of opportunities. But those opportunities would be in place if there wasn’t a process for the federal government budget. The United States government is filled with many checks and balances to avoid conflicts. Whether it’s though
Federalism is defined as a system of government in which a single area, whether it be an entire country or a province within its borders, is controlled by two levels of government, each with their own respective strengths and weaknesses. In the United States, a form of Federalism is practiced in which each of the fifty states are controlled by their own state government, and all fifty of the states collectively are controlled by the National, or Federal, Government. Both levels of our government have the power to create laws under our federalist system. The State Governments’ have the power to create laws that affect their respective state, whereas The Federal Government has the power to make laws that apply to the entire nation, but are limited by their enumerated powers in the constitution and bill of rights. For example, in the Commerce Clause, the national government is given the power to regulate interstate commerce, but cannot regulate the commerce of one particular state. The State Governments were granted all of the powers not specifically given to the Federal Government in the Tenth Amendment to the United States Constitution. Although the American system of government usually works rather smoothly between the State and Federal levels of government, several times in American history the states have disagreed with what the Federal government has said and/or done, and chosen to disregard, or nullify, the act. This is called nullification, and is defined as “the
I do not think state and local governments should pass their own laws regarding foreign immigration because that would further create division and chaos if all state governments were not on the same page and did not function together as a whole. Besides this notion, the Constitution gives the power to conduct foreign affairs solely to the federal government. Because immigration involves foreign affairs, it should only be the job of Congress. However, I think it is crucial that each state has some say when it comes to immigration. According to the article, Understanding Immigration Federalism in the United States, “States are responding to ramped-up immigration enforcement by attempting to mitigate its harmful effects and ensure that only serious
As per the Section 3 of the Central Motor Vehicle Act, 1988 nobody can drive at any public place until he holds an effective driving license issued to him authorizing him to drive the vehicle. Exception to drive a transport vehicle such a motor cab or motor vehicle hired by him for his own use or rented under a scheme. Section 5 of the Motor Vehicle Act, 1988 talks about the responsibility of the owner to not to allow one’s vehicle to be driven by others.
In North Carolina by speeding, reckless driving, refusing to take a blood or breath test (DWI), and accumulating driver's license point you can get your license revoked or suspended.
From the middle of the twentieth century till the 1980 's the federal government gave a substantial amount of money to local governments to use on local programs with few to no restrictions. However, starting in the mid-eighties this changed. The federal government began giving less money with more demands. During the Reagan administration the amount of funding was cut using the justification of shrinking a bloated federal government. This continued through George H.W. Bush.
I think that the federal government should be equal to the state governments because sometimes you will run into a problem with the law when something is legal in a state but not federally. One example of this would be the legalization of cannabis in the state of California for recreational/medical use it is against federal law. which makes it confusing to know whether or not you are breaking the law. Also, it makes it difficult to move to some other states in the united states like Texas, Idaho, Florida, Oklahoma ETC. Because all those states do not have any laws that legalize cannabis in any way. So if you were to move there and you do cannabis for medical or recreational reasons it wouldn´t matter and you would be breaking state and maybe