How and why is federalism enshrined in the US Constitution

How and why is federalism enshrined in the Constitution? (15 marks) Federalism is the system of government in which power is dispersed between central and state governments, each level of government having different responsibilities. Article four of the constitution is devoted to outlining the federal-state government relationship. Section one states that all states will honour all of the other states laws; this ensures that a marriage in Florida is also considered marriage in Arizona. Similarly, section two guarantees that citizens of one state are treated fairly and equally like all citizens of other states. For example, it enshrines that a person fleeing a crime from a state with certain punishments, shall be returned by another†¦show more content†¦However, despite this, the Bill of Rights, effectively apart of the constitution, is aimed at protecting citizens rights from a tyrannical government. But, recently, certain articles have been the source of controversy. A notable example being the 2nd amendment, the â€Å"right of the people to keep and bear arms† to enable citizens to defend themselves from an autocratic ruler. This is a source of national debate, events such as the Sandy Hook mass acre have led gun control campaigners to demand laws passed to make the supply of guns much tougher. But, opposition in the form of Republicans, see it as a violation to the 2nd amendment. Unlike the rest of the constitution, this is an archaic clause, only suitable for the circumstances in which the constitution was written, and not in the 21st century when the threat of a foreign power invading/a violent government has gradually diminished. The Founding Fathers’ established the Bill of Rights to â€Å"sugar the constitutional pill† which gave an immense degree of power to the federal government and its branches. The 2nd amendment is not part of the elasticity of the constitution which sought to establish freedom and individual liberties. In fact, it could be argued that it detracts from the nature of freedom as citizens live their lives with the threat of gun violence whilst the constitution legalises it. This clearly wasn’t the intentions of the Founding Fath ers’. The federal government over the last century has undertaken some ofShow MoreRelatedThe Patient Protection and Affordable Care Act: Obama Has Gone Too Far1411 Words   |  6 Pagesstates, â€Å"The law’s goal to make affordable health insurance coverage available to 32 million Americans who are currently uninsured is not only laudable, but necessary to control the nation’s health coverage.† (PR Newswire US) This law is in such deep debate dealing with the Constitution due to the Commerce Clause. What the Commerce Clause does is give Congress the power to regulate interstate commerce. Interpreting this law is where the question truly arises. â€Å"Does the Commerce Clause authorize CongressRead MoreCONSTITUTIONAL DEVELOPMENT IN NIGERIA4940 Words   |  20 Pagesin Nigeria. It is asserted that the drafting of constitutions is a recurring decimal in Nigeria’s chequered political history. Right from the colonial period, Nigerians were barely involved in the art of constitution making while the British colonial overlords employed constitution making to consolidate their imperial strategies. Post colonial Nigerian leaders have utilized constitution drafting to ensure regime longevity. The current 1999 constitution is a product of haste because the receding militaryRead MoreThe Eu s Hybrid System2302 Words   |  10 Pagescharacteristics, the Court of Justice of the European Union ( CJEU). This paper will analyse the role of the CJEU in the EU’s hybrid system. It beings by outlining its organization and structure as well as its how its competences has transformed to support a more federalist role. The second section reviews how the competences of the CJEU has propelled it to make comprehensive decisions that has pushed it to become more of federal supreme court rather than an international judicial body. The third section looksRead MoreNationalism and Transnationalism in the Context of the European Union28567 Words   |  115 Pages 3.1. International Relations perspectives 36 3.2. Nationalism and Transnationalism 40 4. The future of Europe: National debates 46 4.1. The EU: State of Nations or Nation-State? 47 4.2. The European Union and its Citizens 61 4.3. Constitution for the European Union? 67 Conclusions 72 Bibliography 76 APPENDIX 82 Introduction The twentieth century bears tragic scars left by the First and Second World Wars. Fifty million soldiers and civilians lost their lives in conflicts that