How Does Federalism Present Today

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1. Many concepts have been discussed relating to the Founding Fathers and the Constitutional Convention. One concept, federalism, was integral to the structure of the United States government and is still present today. Discuss how federalism works, how federalism is present in government today and provide examples of federalism in action. Our Founding Fathers were very careful when determining how the United States government should be ran. The framers put in place a system of checks and balances to ensure one level or branch of government does not have all the power. One of the systems of checks and balances is federalism. Federalism is a method of government that allows the federal government to share control with each of the states and…show more content…
The powers created are delegated, implied, inherent, reserved, and police powers (found within reserved powers). Delegated powers belong to the national government. Some of these powers would include war, currency, foreign policy, treaties, international trade, postal services, and more. Reserved powers go to the state government. Some of these powers include schools, creating local governments, and police. Last, there are concurrent powers that mean that the federal government and state government share the power. Some of these powers include roads, taxes, courts, and more. An example of federalism today would be gay marriage. The example of gay marriage is coercive federalism. Gay marriage was legal in some states, but many states banned gay marriage. The Supreme Court, which is federal government, stepped in and required all states to make gay marriage legal, stating that it was unconstitutional to deny the LGBT people their rights. Another example of federalism would be the Affordable Care Act. President Obama required all states to participate and the federal health law bars states from lowering eligibility requirements for Medicaid for the next several years, or they could…show more content…
The senate confirms the appointee by a majority vote. Once a Supreme Court justice is confirmed, they hold their seat for life. They do not ever run for re-election. Some people say the Supreme Court justices should be voted in by electors, and hold two or four year terms. Considering the nature of the cases the federal courts hear, and the powers of the Supreme Court, the justices should hold lifetime terms. The justices are responsible for making very important decisions and holding other branches of government responsible. It is necessary to have justices’ who have experience and knowledge on many different factors of the law. The justices’ go through a selection process and an extensive background check. The justices’ are held at a high standard. If the Supreme Court justices’ went through an election with the general public, the integrity of their position would be in jeopardy. The justices’ would have short terms and the bond and trust between the judges would not be as great. It is also possible the candidates running for a Supreme Court seat are not as qualified, but may be able to sway the votes their way. There could also be a lot of inconsistency when it comes to how the laws are interpreted. That could pose problems for future cases and possibly continuous changing of a
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