Federalism
A federal system divides power between a central and smaller, local governments. This sharing of power is intended to ensure that the central government is powerful enough to be effective, yet not so powerful as to threaten States or citizens. It also allows individual States to deal with local problems at the local level - so long as their actions are constitutional.
How is Federalism applied today?
Federalism is also applied through the differences between the state vs. the federal laws. One of the major differences each one might have different cars, people, judges, and the different ways that government can be applied. Also the religion that each state or federal law enforcement might be different to,
Another example of how federalism is applied today?
Federalism is applied today through having local county, state, federal law enforcement officers. Some of the offices we have are the police department, fire departments and medical services through the hospitals of Solano County and the other hospitals of the different cities in California.
A final example of how federalism is applied today
Federalism is applied through Federal v. State Control. According to find law the differences are
There are two kinds of courts in this country -- state courts and federal courts.
Establishment of State and Federal Courts
State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts). Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress.
Jurisdiction of State and Federal Courts
The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.
State courts have broad jurisdiction, so the cases individual citizens are most likely to be involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually tried in state courts. The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases.
Federal court jurisdiction, by contrast, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear:
There are two kinds of courts in this country -- state courts and federal courts.
Establishment of State and Federal Courts
State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts). Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress.
Jurisdiction of State and Federal Courts
The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.
State courts have broad jurisdiction, so the cases individual citizens are most likely to be involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually tried in state courts. The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases.
Federal court jurisdiction, by contrast, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear:
- Cases in which the United States is a party;
- Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction);
- Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction); and
- Bankruptcy, copyright, patent, and maritime law cases.
How Federalism is applied today?
Our nation has built on, changed , and added to those institutions that settlers brought here from England. F
According to cic.ga.ca. Our institutions uphold a commitment to Peace, Order, and Good Government, a key phrase in Canada’s original constitutional document in 1867, the British North America Act. A belief in ordered liberty, enterprise, hard work and fair play have enabled Canadians to build a prosperous society in a rugged environment from our Atlantic shores to the Pacific Ocean and to the Arctic Circle—so much so that poets and songwriters have hailed Canada as the“Great Dominion.”http://www.cic.gc.ca/english/resources/publications/discover/section-05.asp
Were subject to the direct control of the Crown. F
According to Wikipedia. "The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial. It evolved first in the United Kingdom as a separation of the literal crown and property of the nation state from the person and personal property of the monarch, a concept which then spread via British colonisation and is now rooted in the legal lexicon of the other 15 independent realms. In this context it should not be confused with any physical crown, such as those of the British state regalia." http://www.academicamerican.com/colonial/topics/britishempire.htm
Land could be settled much as the owner chose. F
According to ehow.com. "Although you probably don't realize it, any debt that your creditor cancels as part of a settlement can be deemed as taxable income by federal and state government. If the amount your creditor writes off exceeds a certain level, you'll need to get proof of the amount forgiven to declare as gross income for tax purposes. If you're filing as an individual, you should declare all monies written off on your tax return. http://www.ehow.com/settling-debt/
Parliament had passed a number of new laws, among the Stamp Act of 1765. F
According to Wikipedia. "The Stamp Act 1765 (short title Duties in American Colonies Act 1765; 5 George III, c. 12) was a direct tax imposed by the British Parliament specifically on the colonies of British America. The purpose of the tax was to help pay for troops stationed in North America after the British victory in the Seven Years' War. The British government felt that the colonies were the primary beneficiaries of this military presence, and should pay at least a portion of the expense.
The Stamp Act met great resistance in the colonies. The colonies sent no representatives to Parliament, and therefore had no influence over what taxes were raised, how they were levied, or how they would be spent. Many colonists considered it a violation of their rights as Englishmen to be taxed without their consent—consent that only the colonial legislatures could grant. Colonial assemblies sent petitions and protests. http://www.historyplace.com/unitedstates/revolution/rev-prel.htm
The Stamp Act met great resistance in the colonies. The colonies sent no representatives to Parliament, and therefore had no influence over what taxes were raised, how they were levied, or how they would be spent. Many colonists considered it a violation of their rights as Englishmen to be taxed without their consent—consent that only the colonial legislatures could grant. Colonial assemblies sent petitions and protests. http://www.historyplace.com/unitedstates/revolution/rev-prel.htm
To punish the colonists for the troubles in Boston and elsewhere. F
On November 28 the Dartmouth arrived in Boston harbor with a cargo of Darjeeling tea. Samuel Adams and other radicals were determined that the cargo would not be landed in the city. His mobs roamed the streets in the evenings, threatening violence if challenged by the authorities. Governor Thomas Hutchinson was equally belligerent and vowed not to capitulate in the face of public opposition as had happened in other colonies.
The Tea Act required that the requisite tax be collected within 20 days of a ship’s arrival, making December 16 the deadline. Sam Adams kept public fervor high by holding public meetings in the Old South Meeting House; crowds as large as 5,000 clogged the surrounding streets.
At one of these gatherings, a resolution was adopted that asked the consignees to return the tea. Those tea agents, some of them relatives of the governor, refused to do so. On December 16, the owner of the Dartmouth agreed to sail his ship back to England. This opportunity to ease tensions was abruptly ended, however, when British officials denied permission for the ship to clear the port and began preparations to seize the vessel for nonpayment of the tax. http://www.u-s-history.com/pages/h646.html
The Tea Act required that the requisite tax be collected within 20 days of a ship’s arrival, making December 16 the deadline. Sam Adams kept public fervor high by holding public meetings in the Old South Meeting House; crowds as large as 5,000 clogged the surrounding streets.
At one of these gatherings, a resolution was adopted that asked the consignees to return the tea. Those tea agents, some of them relatives of the governor, refused to do so. On December 16, the owner of the Dartmouth agreed to sail his ship back to England. This opportunity to ease tensions was abruptly ended, however, when British officials denied permission for the ship to clear the port and began preparations to seize the vessel for nonpayment of the tax. http://www.u-s-history.com/pages/h646.html
Many of the delegates had serious doubts about the wisdom of a complete separation from England. F
According to American foreign relations. "The Constitutional Convention was called for the purpose of correcting the deficiencies of the Articles of Confederation. Chief among the deficiencies were those that weakened the international position of the United States. Accordingly, few issues rivaled in importance the maintenance of national security and the conduct of foreign affairs, and thus the search for an efficient foreign policy design was a primary goal and an animating purpose of the convention.
There was broad agreement among American leaders that the foreign affairs flaws of the Articles of Confederation stemmed not from the absence of an independent executive but from the lack of authority granted to Congress. The Articles had created an ineffective national government that lacked coercive power over the states. Indeed, the outstanding characteristic of the Articles—state sovereignty—was reflected in theory by the fact that the governing document did not capitalize "united states," and in practice by the refusal of states to honor their federal obligations.
http://www.americanforeignrelations.com/A-D/The-Constitution-Constitutional-convention.html#b
There was broad agreement among American leaders that the foreign affairs flaws of the Articles of Confederation stemmed not from the absence of an independent executive but from the lack of authority granted to Congress. The Articles had created an ineffective national government that lacked coercive power over the states. Indeed, the outstanding characteristic of the Articles—state sovereignty—was reflected in theory by the fact that the governing document did not capitalize "united states," and in practice by the refusal of states to honor their federal obligations.
http://www.americanforeignrelations.com/A-D/The-Constitution-Constitutional-convention.html#b
Congress urged each of the colonies to adapt: “such governments as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constitutions. F
According to U.S. History.org "This day a number of gentlemen met at Carpenter's Hall, in Philadelphia, being deputed by the Committees of several of the counties of this Province, to join in Provincial Conference in consequence of a Circular Letter from the Committee of the City and Liberties of Philadelphia, in closing the resolution of the Continental Congress of the 15th May last." This event took place on Tuesday June 18,1776. http://www.ushistory.org/pennsylvania/birth3.html
Assemblies or conventions were commonly used to draft and then adopt these new documents. F
According to urbandaleschools.com "In January 1776, New Hampshire adopted a constitution to replace its royal charter. Less
than three months later, South Carolina followed suit. Then, on May 10, nearly two months before
the Declaration of Independence, Congress urged each of the colonies to adopt.
Such governments as shall, in the opinion of the representatives of the people, best
conduce to the happiness and safety of their constituents.
Most of the States adopted written constitutions in 1776 and 1777. With minor changes,
Connecticut and Rhode Island transformed their charters into new fundamental laws. Assemblies
or conventions were commonly used to draft and then adopt these new documents.
Massachusetts set a lasting precedent in the constitution-making process. There, a convention
submitted its work to the voters for ratification. The Massachusetts constitution of 1780 is the
oldest of the present-day State constitutions. In fact, it is the oldest written constitution in force
anywhere in the world today." http://untreaty.un.org/cod/avl/ha/prsr/prsr.html
than three months later, South Carolina followed suit. Then, on May 10, nearly two months before
the Declaration of Independence, Congress urged each of the colonies to adopt.
Such governments as shall, in the opinion of the representatives of the people, best
conduce to the happiness and safety of their constituents.
Most of the States adopted written constitutions in 1776 and 1777. With minor changes,
Connecticut and Rhode Island transformed their charters into new fundamental laws. Assemblies
or conventions were commonly used to draft and then adopt these new documents.
Massachusetts set a lasting precedent in the constitution-making process. There, a convention
submitted its work to the voters for ratification. The Massachusetts constitution of 1780 is the
oldest of the present-day State constitutions. In fact, it is the oldest written constitution in force
anywhere in the world today." http://untreaty.un.org/cod/avl/ha/prsr/prsr.html
They were declarations of principles and statements of limitation on governmental power. F
According to lexrex.com. "The traditional American philosophy teaches that government must be limited in power if Individual Liberty is to be safeguarded, if each Individual's God-given, unalienable rights are to be made and kept enduringly secure.
"Just Powers" Defined
This philosophy asserts that the self-governing people allow any government they may organize to possess, by grant from them, only the limited and few powers with which the people think the particular government may sensibly be entrusted in order to serve their purposes without endangering their rights--their liberties or freedoms. These powers constitute the "just powers" of government, as the Declaration of Independence phrases it. This is in keeping with the primary purpose for which the people organize governments: to make and keep these unalienable rights secure and most beneficial to themselves and to Posterity--time without end." http://lexrex.com/enlightened/AmericanIdeal/yardstick/pr5.html
"Just Powers" Defined
This philosophy asserts that the self-governing people allow any government they may organize to possess, by grant from them, only the limited and few powers with which the people think the particular government may sensibly be entrusted in order to serve their purposes without endangering their rights--their liberties or freedoms. These powers constitute the "just powers" of government, as the Declaration of Independence phrases it. This is in keeping with the primary purpose for which the people organize governments: to make and keep these unalienable rights secure and most beneficial to themselves and to Posterity--time without end." http://lexrex.com/enlightened/AmericanIdeal/yardstick/pr5.html
The Virginia Plan also provided that all State officers should take an oath to support the Union. F
According to heritage. org. "At the start of each new Congress, all Members beginning a new term of office (the entire House of Representative and one-third of the Senate) take an oath to support and defend the Constitution of the United States. In doing so, the Members of Congress perform an act that hardens back to the country’s founding and its first principles. As it applies to Members of Congress, the “Oaths Clause” plays an important role by obliging them to observe the limits of their authority and act in accordance with the powers delegated to them by the Constitution. The oath also serves as a solemn reminder that the duty to uphold the Constitution is not the exclusive or final responsibility of the Judiciary but is shared by Congress and the President (per Article II, Section 1) as co-equal branches of the United States government. This essay is adapted from The Heritage Guide to the Constitution for a new series providing constitutional guidance for lawmakers." http://www.heritage.org/research/reports/2011/01/support-and-defend-understanding-the-oath-of-office