Tuesday, April 12, 2011

Federalism and Its Powers

Federalism: a political concept in which powers a seperated into different categories. These categories are National and State governments and their duties and powers. They can share powers, but they also have their own specific powers. Federalism protects those individual powers by stating that the National government can not interfere with the State governments powers no matter what and vice versa.

Origin: Federalism originated from "Federalist No. 46", which James Madison stated that, "The State and National government are in fact, but diiferent agents and trustees of the people, constitued with different powers." In "Federalist No. 28" Alexander Hamilton suggested, "That both levels of government would exercise authority to the citizens benefit." Since the states were preexsiting entities, the U.S. Constitution did not need to define or explain federalism in any of the sections.

Powers of National Government:The Federal Government has the power to levy taxes, declare war, and regulate interstate and foreign commerce. These rights are stated in the Constitution. The Necessary and Proper Clause gave the Federal government the implied power to pass any law "necessary and proper" for the execution of its expressed powers. They can also: Print Money, Establish an Army and Navy, Enter into Treaties with Foreign Nations, and Establish Post Offices and Issue Postage.
Powers of State Government: The State Government has the power to: Establish Local Governments, Issue Licenses (such as; Driver, Hunting, Marriage, etc.), Regulate Interstate Commerce(within the sate), Conduct Elections, Ratify Amendments to the Constitution, Provide Health Care and Safety, and Setting Legal Ages for certain Things(such as; Drinking and Smoking).
Concurrent Powers: The Concurrent (or shared) powers between the National and State Governments are: Setting Up Courts, Creating and Collecting Taxes, Building Highways, Borrowing Money, Making and Enforcing Laws, Chartering Banks and Corporations, Spending Money for the Betterment of the General Welfare.

Court Cases:
     There are many Court Cases that deal with Federalism. One Court Case that deals with Federalsim is United States v. Alfonso Lopez, Jr. In this court case Alfonso was a high school student in San Antonio, Texas, who carried a revolver along with five bullets into school. He was charged with violation of the federal Gun-Free School Zones Act of 1990. Alfonso tried to get out of his charge by saying that  the Act was unconstitutional as it goes beyond the power of Congress to legislate control over our public schools. The Court though ruled that is was a constitutional exercise of Congress well defined power to regulate activities in and affecting commerceand the business of schools, affects interstate commerce. 
     Another Court Case that deals with Federalism is Gibbons v. Ogden. In this case, the Acts of the Legislature of the State of New York granted to Robert R. Livingston and Robert Fultonthe exclusive navigation of all the waters within the jurisdiction of that State. The two men granted a license to Aaron Ogden and Thomas Gibbons was operating a competeing steamboat system between New Jersey and New York which was licensed by the U.S. Congress. Ogden then took Gibbons to court arguing that Gibbons could not operate between two states even if Congress granted him the rights beacuse it was a state issue. Gibbons though shot back stating that in Article I, Section 8 of the Constitution the Congress had exclusive National power over interstate commerce. The Supreme Court was in favor of Gibbons.
Current Event:
     In the 2008 election, many voters were optimistic with the idea that federal control was taking over decisions that have been made by individual, community, local, and state levels in the past. Many were frustrated with the Health Care Bill passed by Democrats, Congress, and President Obama. They felt that it was a State issue, but was a National issue.

My Opinion:
     In my opinion, I believe that the powers should be seperated. Its keeps our government organized and neat. It keeps the National out of States business and vice versa. It helps in building our nation.

Questions:
  •      What has the Federal Government done with Health Care since Obama came into office?
  •      What will come next in the process of Federalism?





LINKS:
http://usgovinfo.about.com/od/rightsandfreedoms/a/federalism.htm
http://en.wikipedia.org/wiki/Federalism
http://en.wikipedia.org/wiki/Gibbons_v._Ogden
http://www.youtube.com/watch?v=GFVOT6u1Ovo

POLITICAL PARTIES

Political Parties: a political organization that typically seeks to influence gov't policy, by nominating their own candidates and trying to seat them in political office. The different parties participate in electoral campaigns, educational outreach or protest actions.

Different Types of Political Parties: 
  1. Democratic Party: Evolved from Anti-Federalists. One of the two Biggest parties in the nation.Social liberal and progressive platform is considered center-left in the U.S. political spectrum. Has the lengthiest record of continuous operation in the U.S. Barack Obama is the 15th Democrat to hold office.
  2. Republican Party: Founded by Anti-Slavery activists, modernizers, ex-Whigs and ex-Free Soilers. The other Big political party in the nation. Also called Grand Old Party. Platform reflects American conservatism in the U.S. political spectrum and is considered center-right.
Historical People: The beginning of the First Party System of the United States featured the Federalist Party and the Democratic-Republican Party. The Federalist grew from George Washingtons Secertary of the Treasury, Alexander Hamilton, who wanted a strong central gov't. The Democratic-Republican Party was founded by James Madison and by Washington's Secertary of State, Thomas Jefferson, who opposed Hamiltons ideas.

Current Event: On January 8, 2011 in Tucson, Arizona, U.S. Representative was shot point blank at a supermarket parking lot. This Representatives name was Gabrielle Giffords. Because of her death, at the State of the Union, both parties sat "mixed". One Republican sat next to a Democrat. President Obama wanted the two parties to join together and honor her. He wants equality between the two parties.

Opinion: I can't vote yet, but when I do I will look into what the two parties really care about. I really dont think that there should be different parties because it just makes more seperation in our nation.

Question: Whats the better party to choose to be apart of?






Links: http://en.wikipedia.org/wiki/Political_parties_in_the_United_States