CONSTITUTION LAW IN UNITED STATES

QUESTION

1 page APA style with web references – No WIKIPEDIA or ABOUT.com or any site similar to these. Only credible information is allowed. Due Oct. 11, 2011

Federalism is the structure where two or more levels of government operate alongside each other with some autonomy, although they have overlapping jurisdiction and specific functions. During the formation of the U.S. Constitution, there were federalist and anti-federalist arguments being made. Explain the concept of federalism; use specific examples of federalism and anti-federalism in your posting.

Which group had the best arguments? Support your argument with examples. Incorporate some of the shifts that took place between both groups (federalists and anti-federalists) to support your response.

SOLUTION

One of the earliest States in the world polity to establish Federalism was United States of America. Although it had its own ups and downs, it has been more than 200 Hundred years that America has a successful federal polity. What is federalism? Federalism is a system of government in which sovereignty is shared by 2 or more levels of government, so that on some matters national government is supreme and in certain matters the government of the State or provinces becomes supreme (James. Q. Wilson and John Dilulio Jr, 1995, p A-49). There are 3 characteristics of a federal structure. Firstly, there must be separate levels of government working simultaneously. Secondly, each of the government must have its own sphere of powers, organization and authority. Lastly, neither of the government must have the power of eradicating the other. As fas as America is concern it has a system composed of 50 federal states with their own government along with its own national or federal government working for the nations as a whole. Both work simultaneously and in cahoots with the other. The federal government has its own sphere where it exercises its predominance like National Security, defense etc and the state government have their own sphere of dominance. However, each has a symbiotic relation with the other. Therefore fulfilling all the conditions of being a “Federal state”

1. 1.   The Beginning of American Federalism:

American federalism began with the ratification process of the Constitution of America as early as 1778. There were however, those who did not supported the notion of federal system of polity. Hence today are properly understood as the ‘Federal Argument’ and the “Non Federal Argument”. In fact the proponents of the constitution took the name of “Federalist”.

1. 2.   The Federalist and their Argument

There were a number of papers published by the Federalist in support of the Federalism in America. One of the most influential was the “Federalist No 10”.  It was mainly Alexander Hamilton and James Madison on whom the task of defending against the anti federalism fell upon.  The major arguments of the federalist forwarded in support of federalism were as follows:

1. The will of people and public must ultimately prevail otherwise in a large republic popular government of the majority might damage the interest of the minority.
2. A federal polity will help in diversification of resources and ultimately help in expanding the sphere of development
3.  Madison argued that multiplying the diversity of interest is the key to break the dangers of majority fraction
4. Separation of powers will keep checks and balance of the government thereby minimizing corruption, despotism and unwanted damages to the interest of the citizens
   1. 3.   The Anti-federalist Argument

Throughout 1787- 88, American constitution makers which were bifurcated in to Federalist and Non federalist continued to argue for and against federalism. Few of the staunch Anti federalist were Brutus, Richard Henry Lee etc., the major argument of the Anti-federalist are as follows:

1. One of the major argument by the anti-federalist was that a indissoluble nation under a federal government cannot be maintained without doing away liberty and state government
2.  A humongous nation like United States cannot be maintained by a single federal system of government and will eventually lead to an usurpation of power likely to end as a ‘despotic empire’.
3. The anti-federalist feared that the national government will eventually use force to ensure compliance from the state government
4. According to the anti-federalist, a free country will not sustain with a federal system of government since the national government will turn into despotic activities in the long run and minorities will hardly have any role to play.
   1. 4.   Federal System of United States:

Despite of all the arguments as cited above, there is no doubt that it was the federalist who had strong and logical argument in favor of federalism in America. The Anti-federalist although had strong interest however gradually could be seen to be leaning towards the federal if not all accepting it had with certain reservation accepted the ratification of the constitution. For example the Bill of rights, the powers specially provided to the state government was made clearly keeping in view the anti-federalist argument. George Mason had an assertive role to play in this gradually shift whereby from 1778 to 2011, the development of a federal America had been due to the understanding and adjustment of the federal and anti-federal value and argument.

1. 5.   Conclusion

It was with stalwarts like Thomas Jefferson, Alexander Hamilton, staunch federalist who had strongly pursued their dreams to see a healthy federal country. None the less, even anti-federalist like Mason, Brutus also played an important role in making America federal in its truest sense.

Reference List

1. Eugene Boyd (1997). American Federalism, 1777 to 1996. Retrieved on October 10, 2011 from http://www.cas.umt.edu/polsci/faculty/greene/federalismhistory.htm#1
2. Randy. E. Barnett. The Case for a Federalism Amendment. The Wall Street Journal. Retrieved from http://online.wsj.com/article/SB124044199838345461.html
3. US Constitution (n.d). Constitutional Topic: the Federalist and the Anti-federalist. Retrieved on October 10, 2011 from http://www.usconstitution.net/consttop_faf.html
4. USLegal (n.d). Federalism. Retrieved on October 10, 2011 from http://system.uslegal.com/federalism/

GG34

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