Analysis of Issues in American Federalism

 

A) Assess the Federalist system in America today. In your view, do you think there is a proper balance between the power of the federal government and the states? Or do you see it as needing improvement. Use specific examples of current topics along with theory, philosophy and Supreme Court decisions that we’ve studied.
B) Assess the Constitution through the lens of federalism. Discuss the Great Compromise, and the final product of the Constitutional Convention. Do you believe the final product has helped foster a proper federalist system suited for the United States? Or do you think some of the omitted parts of the Virginia or New Jersey plan should have been included. What do you think about the final product in Articles II and III? Could you suggest improvements on the executive of Judiciary (again, in light of American federalism)?
C) What is your view of the 10th Amendment? Using specific examples, address whether issues such as education, the public health, safety, morals, and police powers (you don’t need to address all of these issues. You can pick just one or two if you’d like) are best left to the states or the federal government? Or a combination. Be sure to address the Constitutional concerns. Also, you may (or may not) address whether the federalist system in the United States is working properly or is there room for improvement.
D) McColloch v. Maryland. Analyze this landmark Supreme Court decision. Express your views regarding the decision, particularly as it relates to the necessary and proper clause. What impact do you believe this decision had on the American Federalist system?
E) Pick Your Own Topic. Choose a topic of your own. If you choose this option, your topic must be approved by me. Please email me if you intend to choose your own topic. We can agree upon the specifics either through email or over the phone.

 

Sample Solution

Analysis of Issues in American Federalism

Federalism in the United States is the constitutional division of power between U.S. state governments and the federal government of the United States. There is no proper balance between the power of the federal government and the states. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The federal government has limited power over all fifty states. State governments have the power to regulate within their state boundaries. State powers are also limited in the sense that states cannot make laws that conflict with the laws of the federal government.

development might lead to the demise of such a regime.
An additional economic explanation could be the ‘resource curse’, which suggests that countries “with abundant reserves of non-renewable mineral resources, such as Nigerian oil [and] DRC gold […] produce less diversified and less competitive economies, more income inequality [and] heightened danger of state capture and rent-seeking by ruling elites”[25]. This is because the revenue streams in these countries are so concentrated to the elites and ruling classes, providing only menial low-paid labour to politically-insignificant lower classes. Moreover, since they are primary-product-export dependent, manufacturing industries develop overseas where economies of scales are subsequently built; diminishing the ability of local entrepreneurs to set up competing businesses and increase their wealth. The likelihood of a democratic transition is therefore low, since “democracy is expected to increase redistribution and reduce inequality”[26]; something which is not in the interest of the elite ruling classes.
Moreover, economic crises can have a large role to play in mobilising a population against the elites and causing the fall of a non-democratic government. Although the elites do have “the monopoly over large scale violence, […] states in crisis can […] slide […] into even more instability”[7], particularly if a popular revolution is supported by a large proportion of the population, or, as in the case of Syria, the “improving […] economic conditions of the large Syrian refugee communities in neighbouring countries [provide] economic alternatives to joining armed groups”[8]; decreasing the state’s military stronghold over its population.
It is certain, however, that the likelihood of the collapse of a non-democratic regime as a result of an economic shock depends on its depth and severity, and the degree to which there is the resulting loss in welfare incentivising the population to mobilise. Furthermore, if the state is able to reallocate resources effectively despite an economic crisis, they may be able to withstand opposition to power; for example, by “[cutting] back outlays on subsidies, enabling it to concentrate more resources on the police, domestic security, and the state’s cultural and media propaganda machinery”[9] (page 165), as was undertaken in Egypt under Mubarak. While wealth and development are undoubtedly significant in causing a shift towards democratic governance, “authoritarian regimes around the world [have shown] that they can reap the benefits of economic development while evading any pressure to relax their political control. [An example is China’s economy, which] has grown explosively over the last 25 years, [even though] its politics have remained essentially stagnant.”[10] Evidence of this undermines the the

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