The Evolution of Federalism The Evolution of the Constitution American federalism has changed drastically since its genesis. In the thirteen colonies adopted the Articles of Confederation in order to coordinate their efforts in the war for independence. The Articles of Confederation bound the states together in two main aspects; foreign and military affairs. The Articles of Confederation worked well while all the states had a common cause.
How that power is divided is the subjective aspect of federalism that was before the framers of the United States. Through compromise and necessity the seeds for a strong central government were planted alongside already strong state governments.
Over time the seeds for strong central government grew; wars, economic fluctuations and national growth established a strong central government.
As America's idea of federalism changed the central government grew more powerful, the state's government gave more power away, and local governments were established. S as "dual federalism," "cooperative federalism," and "creative federalism. The first stage,he calls the "era of dual federalism" in which national, state, and local governments operated independently of one another.
This "layer-cake" stage was a product of Congress, "refraining from making innovative policy in many areas formally opened to it by the Court. Scheiber identifies the second stage,as a period of transition to a more centralized government.
Change to the Constitution, expansion of federal court powers, business regulation, and Supreme Court activism all worked to increase the power of national government and move towards a more centralized view of federalism.
Schreiber's third stage from to continues this move towards centralization with World War I as a catalyst. Roosevelt's New Deal "inaugurated" Scheiber's fourth stage. Although this stage, labeled the marble-cake stage, is still marked with a strong national government, Washington relied on the state and local governments to plan, allocate funds, and monitor progress within their sphere.
Schreiber's fifth and final stage is the post-World War II era. Here, "creative federalism" is born.
Creative federalism points to a strong centralized government that initiates federal programs to fight poverty, hunger, crime, and other social issues.
This stage sees a noticeable increase of power given to the national government by the Warren Court. Schreiber concludes by describing a struggle between cooperative federalism and creative federalism.
He sees these two models of federalism in competition with one another on how power will be distributed between the three levels of government. This is best described by Russell Hanson, in Governing Partners, as "competitive federalism", which is the idea that the three levels of government must compete for power in a "zero-sum" game.
It can be argued that we now are in a sixth stage that can be defined as competitive federalism.
Recent struggles involving gay marriage, education, tax reform, and anti-terrorism funding prove that a struggle for power between the three levels of government is ongoing.
The issue of education best exemplifies the changing nature of intergovernmental relations.
State and local governments run their own school systems, and for the most part, fund them as well. States differ from one in another in how much control they give the local governments with funding, curriculum, and teacher certifications.I.
Introduction. Professor Hovenkamp has made important and insightful contributions to the literature on antitrust federalism, antitrust history, and the influence of evolving theories of political economy on antitrust doctrine and constitutional law.
Federalism is the current type of government used in the United States. In this system of government, there is distribution of power between central authority or . Various periods in the evolution of federalism are described with different titles such as dual federalism, cooperative federalism, creative federalism and devolution.
Compare at least three of these periods and conclude your essay with a comment on the current status of federalism.
Federalism Essay examples - Federalism Federalism is a widely accepted system of government in North American cultures. To many North Americans it seems to be the obvious choice for all world governments, but this is not the case.
In all honesty, federalism is a fairly unique form of government. Federalism is a type of government in which the power is divided between the national government and other governmental units. It contrasts with a unitary government, in which a central authority holds the power, and a confederation, in which states, for example, are clearly dominant.
This is a state of government where power is shared between the federal and the state governments. In dual federalism, both the national and the state governments hold sovereign power in their respective areas of authority.