Federalism and the Principle of Judicial Review (Essay Sample)
Federalism Paper Guidance NO PLAGIARISM !
Some guidance on format, sources and length of your Federalism paper:
- 3 pages (does not include your cover page and reference page)
- Double space, 12 font Times New Roman
- Number your pages
- On your cover page ensure your name, class, semester and topic are included
- On your reference page list your primary reference then secondary references
- 1 primary references and 1 secondary reference (refer to link in news article on D2L)
- Cite your references throughout your paper
- You can use any style you’d like APA, MMA, Chicago
This is a paper based on the principal of Federalism; it will need to be based in facts that surround and support the basis of your paper or argument, with that in mind you can inject your thoughts but limit your opinion to the minimum, a little is okay a lot is not.
Remember what Federalism is; the tension between States rights and powers and National (Federal) Government powers and how the pendulum swings from strong States’ rights to strong Federal rights and back again. Nearly any topic dealing with States rights that have been eroded by or supplanted by the Federal Government or States usurping or creating law in contravention to Federal law:
Gibbons v Ogdon (commerce clause regarding intrastate v interstate commerce)
Civil War amendments (13,14,15)
Jim Crow laws in the south – segregation laws in the southern state post reconstruction era
Colorado, Washington, Alaska, California legalizing recreational use of Marijuana (or several state making lawful medicinal marijuana)
Federal grants that force the states to compile or loose funding (drinking age, speed limits)
Voting rights and Civil rights laws
Remember you are applying the principals of Federalism in discussing and writing about your topic, above are just a few topics but this is really a wide open area to dive into, think outside the box a little and you’ll have no problem coming up with a topic. As always pay attention to how you are writing, i.e. grammar, syntax and sentence structure.
Federalism and the Principle of Judicial Review
The United States is among a few countries in the world with a federalist system of governance. In a federalist system, more than one layer of governance 4xercises power and jurisdiction over the territory. The framers of the constitution of the United States envisioned a government with powerful states. However, there emerged concerns about the security of the country, creating a need for a system of check and balances between the state and the national government. Baker and Lynn explain that the framers of the U.S constitution a system of governance where state and federal government interacted on a daily basis. Article Four of the Constitutions sets exclusive and concurrent powers for the state and national government. The constitution does not give Congress powers to make laws. Judicial review principle gives the Supreme Court of the United States the power to determine the constitutionality of laws made by the legislature and decisions from the executive arm of the government. Over the years, this principle has expanded to include checking on state laws.
In the United States, federalism has been structured to protect the rights of minorities. Originally, states were required to have most powers and influence. However, due to the differences on issues of slavery where some states wanted to maintain slavery, the federal government has had a higher influence on issues that affect minorities. In most cases, the Supreme Court of the United States through the principle of judicial review has helped resolve conflicts that arise from federalism. The first constitutional review was in the Marbury v. Madison (1803). According to Justia Law, Congress does not have powers to make laws. In the case of Marbury v. Madison, President Jefferson had appointed judges before leaving office in an attempt to restructure the court system. The secretary of State refused to deliver commissions under the incoming President Adams. The Supreme Court Judge Marshall ruled that the executive decision was unconstitutional. Since then, judicial review has changed over the years to focus on solving the tensions that exist between the powers of the state government and the federal government. Initially, the national government and state governments had exclusive powers. The overlapping of roles in the recent past has called for the Supreme Court's intervention to determine the constitutionality of state laws.
In Cooper v. Aaron 1958, the Supreme Court expanded the judicial review princip
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