In the following paragraphs, I will show how federalism is a part of the United States but how some problems make it seem like it is failing in the modern environment. American federalism is a system of dual-sovereignty between two levels of government....
Out of approximately two hundred nations on the earth one hundred and eighty states practice unitary forms of government, leaving only twenty or so as federal nations (Winchester, 1999).
Even before the Constitution was ratified, strong argument were made by Alexander Hamilton, John Jay, and James Madison in the Federalist Papers urging the inclusion of a federal form of government to replace the failed confederation....
It shall distinguish decentralization in the sense of fiscal federalism, defined for this paper’s purpose as the interaction between the federal, provincial and municipal governments in reference to financial transfers for policy initiatives....
12. Examine the politics of federal grants, including how the battle over the appropriate level of government to control the funds tends to be cyclical.
Madison also noted the problem of a majority's, in a sense oppressingitself by passing laws that are only as temporary as the passions and fashionsthat make them seem desirable. He wrote of the dangers of "mutable government"in Federalist Paper 62, and a small part of what he said is: "It will beof little avail to the people that laws are made by men of their own choice... if they be repealed or revised before they are promulgated, or undergosuch incessant changes that no man, who knows what the law is today, canguess what it will be tomorrow. Law is defined to be a rule of action;but how can that be a rule which is little known, and less fixed." Andhe said, (Federalist Paper 63) "...an institution may be sometimes necessaryas a defense to the people against their own temporary errors and delusions.......there are particular moments in public affairs when the people, stimulatedby some irregular passion or some illicit advantage, or misled by the artfulmisrepresentations of interested men, may call for measures which theythemselves will afterwards be the most ready to lament and condemn. Inthese critical moments, how salutary will be the interference of some temperateand respectable body of citizens, in order to check the misguided careerand to suspend the blow meditated by the people against themselves, untilreason, justice, and truth can regain their authority over the public mind?What bitter anguish would not the people of Athens have often escaped iftheir government had contained so provident a safeguard against the tyrannyof their own passions? Popular liberty might then have escaped the indeliblereproach of decreeing to the same citizens the hemlock on one day and statueson the next."
The founding fathers of the American republic were not unaware of thisproblem, and some of the provisions of the U.S. Constitution can be viewedas ways of addressing it even if that is not necessarily their expressedor realized intention. James Madison wrote in Federalist Paper 51: "Itis of great importance in a republic not only to guard the society againstthe oppression of its rulers but to guard one part of the society againstthe injustice of the other part. If a majority be united by a common interest,the rights of the minority will be insecure." Many of the features of theConstitutional organization of the Federal government are meant to keepany branch or department from attaining domination of the others, but infulfilling that function, they also serve as a safeguard against any popularmajority, as represented then by the House of Representatives (and nowby the Senate and the House of Representatives in partnership), from beingable to oppress other citizens. Again Madison from the same work: "In framinga government which is to be administered by men over men, the great difficultylies in this: you must first enable the government to control the governed;and in the next place oblige it to control itself. A dependence on thepeople is, no doubt, the primary control on the government; but experiencehas taught mankind the necessity of auxiliary precautions."
I believe that Alexander Hamilton gave a hint to the solution of preventingtyranny of the majority in the last Federalist Paper (85), when he wrote,in a different context, "The intrinsic difficulty of governing thirteenstates at any rate, independent of calculations upon an ordinary degreeof public spirit and integrity will, in my opinion, constantly on the national rulers the of a spirit of accommodationto the reasonable expectations of their constituents." Also, "Every Constitutionfor the United States must inevitably consist of a great variety of particularsin which thirteen independent States are to be accommodated in their interestsor opinions of interest." What I wish to argue here is that the foundingfathers set up the government, via numerous mechanisms in the Constitution,in such a way that it was supposed to force, not compromise, but accommodationof numerical minorities, in order to achieve majority rule, and that therewere more obstacles preventing the tyranny of the majority in more importantissues than in less important ones. The greater the obstacles meant, atleast for Hamilton, the greater need for mutual accommodation. The electoralcollege is one such mechanism, but there are a great many more. I willdescribe and discuss them shortly.
Federal - power divided by written constitution between central and regional govts
ex: US, Mexico, Canada, Germany and India Introduction (Kanye's first mistake) Milestones in establishing national supremacy The relationship between the national government and the states "is the cardinal question of our constitutional system."
The relationship "cannot be settled by one generation because it s a question of growth, and every successive stage of our political and economic development gives it a new aspect, makes it a new question." Intergovernmental Relations Chapter 3 Federalism Susette Kelo of New London, Connecticut 1996-2007
federal minimum wage was $5.15
Some states minimum wage were $7.15 Volunteered or Volun"told" Scene 1: Constitutional convention 1787
James Madison, Benjamin Franklin, James Wilson, Roger Sherman, Rufus King
Scene 2: President Madison
James Madison and Congressman #1 Recall Sherman and King's objections for Congress to grant charters of incorporation for the construction of canals?
In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government.
A number of federal and state policies have been formulated that sometimes seem to overlap hence giving rise to a number of conflicts among the different level of governments.