governance and public policy Federalism and Separation of Power
ANSWER
Federalism and separation of powers are fundamental concepts in the United States’ system of government, as outlined in the Constitution and further elaborated in Federalist 78 and the Supreme Court’s ruling in Marbury v. Madison (1803).
- Federalism: Federalism is the division of powers and responsibilities between a central or federal government and individual state governments. This concept is enshrined in the Constitution through several key provisions. For instance, Article I, Section 8 enumerates specific powers granted to Congress, while the Tenth Amendment reserves powers not delegated to the federal government to the states. This dual system of governance allows states to retain a degree of autonomy and make decisions that are relevant to their specific circumstances.
- Separation of Powers: The separation of powers is the distribution of government authority among three distinct branches: the Legislative Branch (Congress), the Executive Branch (the President), and the Judicial Branch (the courts). This separation is evident in the Constitution, where Article I outlines the powers of Congress, Article II describes the powers of the President, and Article III establishes the powers of the judiciary. The separation of powers ensures a system of checks and balances, preventing any one branch from accumulating too much power and promoting accountability.
Evaluation of the Concept of Separation of Powers: The concept of separation of powers does involve a degree of shared power, but it is executed separately to prevent any single branch from dominating the others. While each branch has specific functions, there is some overlap in their roles. For instance, as you mentioned, the Judicial Branch has the power of judicial review, allowing it to determine the constitutionality of laws enacted by Congress. This implies shared authority over the interpretation of the Constitution. However, the actual execution of these powers occurs independently within each branch.
Influence on Current Governance:
- Federalism: Federalism continues to influence current governance in the United States. States have considerable authority in areas such as education, healthcare, and criminal justice. For example, states have the power to establish their own education standards and healthcare programs, leading to a diversity of policies and approaches across the country.
- Separation of Powers: The separation of powers is a cornerstone of the U.S. system of government. It ensures that no single branch becomes too powerful. In current governance, this concept is evident in the balance of power between the President and Congress. The President can veto legislation passed by Congress, and Congress can override the veto with a supermajority vote. This balance of power is crucial for preventing abuses of authority.
Insight: One insight gained from this analysis is the delicate balance that exists between shared powers and separate execution of those powers in the U.S. government. While each branch has its defined role, there is a degree of shared authority, especially when it comes to interpreting and upholding the Constitution. This dynamic highlights the complexity of governance and the need for constant vigilance to maintain the checks and balances that underpin the American system of government.
These principles of federalism and the separation of powers have also been influential globally, with many countries adopting similar concepts in their governance structures, albeit with variations tailored to their specific needs and circumstances.
- Federalism: Federalism is the division of powers and responsibilities between a central or federal government and individual state governments. This concept is enshrined in the Constitution through several key provisions. For instance, Article I, Section 8 enumerates specific powers granted to Congress, while the Tenth Amendment reserves powers not delegated to the federal government to the states. This dual system of governance allows states to retain a degree of autonomy and make decisions that are relevant to their specific circumstances.
- Separation of Powers: The separation of powers is the distribution of government authority among three distinct branches: the Legislative Branch (Congress), the Executive Branch (the President), and the Judicial Branch (the courts). This separation is evident in the Constitution, where Article I outlines the powers of Congress, Article II describes the powers of the President, and Article III establishes the powers of the judiciary. The separation of powers ensures a system of checks and balances, preventing any one branch from accumulating too much power and promoting accountability.
Evaluation of the Concept of Separation of Powers: The concept of separation of powers does involve a degree of shared power, but it is executed separately to prevent any single branch from dominating the others. While each branch has specific functions, there is some overlap in their roles. For instance, as you mentioned, the Judicial Branch has the power of judicial review, allowing it to determine the constitutionality of laws enacted by Congress. This implies shared authority over the interpretation of the Constitution. However, the actual execution of these powers occurs independently within each branch.
Influence on Current Governance:
- Federalism: Federalism continues to influence current governance in the United States. States have considerable authority in areas such as education, healthcare, and criminal justice. For example, states have the power to establish their own education standards and healthcare programs, leading to a diversity of policies and approaches across the country.
- Separation of Powers: The separation of powers is a cornerstone of the U.S. system of government. It ensures that no single branch becomes too powerful. In current governance, this concept is evident in the balance of power between the President and Congress. The President can veto legislation passed by Congress, and Congress can override the veto with a supermajority vote. This balance of power is crucial for preventing abuses of authority.
Insight: One insight gained from this analysis is the delicate balance that exists between shared powers and separate execution of those powers in the U.S. government. While each branch has its defined role, there is a degree of shared authority, especially when it comes to interpreting and upholding the Constitution. This dynamic highlights the complexity of governance and the need for constant vigilance to maintain the checks and balances that underpin the American system of government.
These principles of federalism and the separation of powers have also been influential globally, with many countries adopting similar concepts in their governance structures, albeit with variations tailored to their specific needs and circumstances.
QUESTION
Description
Assignment: Application: Federalism and Separation of Power
In this week’s Discussion, you explained how the concepts of representative democracy, constitutional democracy, and republic forms of government impact democratic governance. Now you will consider the specifics of federalism and separation of powers in the United States. Federalism and separation of powers are hallmarks of American government. Contentious issues in the public agenda often are the result of a simple disagreement over state powers versus federal powers in governmental matters. The manner in which the legislative, executive, and judicial branches of government carry out their respective duties also is a point of conflict. When analyzing the influence of federalism and separation of powers on democratic governance, it is prudent to note the principles of each concept.
To prepare for this Assignment:
- Review the article “The State of American Federalism, 2004: Is Federalism Still a Core Value?” in this week’s Learning Resources. Think about whether federalism remains significant in current governance.
- Review the “Constitution of the United States” in this week’s Learning Resources. Look for specific instances in the Constitution that explicitly describes the separation of powers and the concept of federalism. Think about the term separation of powers and reflect on how those powers are executed by the government. Are the powers actually “separated” or are the powers actually “shared” by different branches but executed “separately”? For example, in the Constitution, Congress is charged with enacting laws, the Executive Branch is charged with executing the laws, and the Judicial branch is charged with deciding the application of those laws in specific cases. In addition, Federalist 78 and the Supreme Court ruling in Marbury v. Madison (1803) also charge the Judicial branch with determining the constitutionality of laws enacted by Congress. As a result, each branch has the power to determine either what the law says or how it is executed or applied. Thus, the power of “the law” is shared by each branch, yet each branch executes that power separately.
- Reflect on the concepts of federalism and separation of powers and think about how each concept influences current governance.
The Assignment (2–3 pages):
- Briefly describe the concepts of federalism and separation of powers. Cite specific references in the Constitution to illustrate your concepts.
- Evaluate the concept of separation of powers and explain whether you agree that the powers are separate or that they are shared but executed separately.
- Explain the influence of federalism and the separation of powers on current governance. Select specific examples of current governance to illustrate the influence of each concept.
- Share at least one insight that you gained as a result of your analysis. Or, if you live outside the United States, explain how you think federalism and separation of powers might affect governance in your country.
Support your Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list only for those resources not included in the Learning Resources for this course
resources to use
Krane, D., & Koenig, H. (2005). The state of American federalism, 2004: Is federalism still a core value? Publius: The Journal of Federalism, 35(1), 1–40, 188.
Note: You will access this article from the Walden Library databases.
Roust, K., & Shvetsova, O. (2007). Representative democracy as a necessary condition for the survival of a federal constitution. Publius: The Journal of Federalism, 37(2), 244–261.
Note: You will access this article from the Walden Library databases.
Boyd, E. (1997). American federalism, 1776 to 1997: Significant events. Retrieved from http://usa.usembassy.de/etexts/gov/federal.htm
Christiano, T. (2006). Democracy. In E. N. Zalta (Ed.), The Stanford encyclopedia of philosophy (Fall 2008 Edition). Retrieved from http://plato.stanford.edu/entries/democracy/
Lovett, F. (2006). Republicanism. In E. N. Zalta (Ed.), The Stanford encyclopedia of philosophy (Spring 2010 ed.). Retrieved from http://plato.stanford.edu/entries/republicanism/
United States Senate. (n.d.). The Constitution of the United States. Retrieved from http://www.senate.gov/civics/constitution_item/con…
REQUIRED MEDIA
Laureate Education (Producer). (2014h). Working democratic concepts [Audio file]. Baltimore, MD: Author.
In this media piece, a subject-matter expert discusses the term “separation of powers” and how those powers are executed by the government. Are the powers actually “separated” or are the powers actually “shared” by different branches but executed “se
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