Decrease of State Power in Relation to Federal Power, Essay Example

The federal system of the United States of America hands the authority to decision making to both the state and the national governments. Additionally, it provides protection to each body of government from infringement by the other. When creating the Constitution, the founding fathers of the nation designed it to judiciously define and limit the supremacies of the federal government[1]. The attempts to build jointly limited scopes of power gave rise to a system of collective federalism, where federal and state governments mutually provide services to citizens. However, over time, the powers of the federal government have amplified in relation to those of the states. The Constitution’s ambiguous language has led to the conversion of public policies, which were previously under the influence of state governments, to issues of national status. The sovereignty, trade, and essential and apposite clauses have all delivered lawful shield to attempts to magnify federal power.

Several factors have attributed to the increase in the powers of the federal government. The increase in federal power has support from the need of state governments to resolve continuing joint action complications. Due to this merge, state governments harmonize on policy solutions, avoid aggressive competition, and avoid defaulting and shirking. The federal government also provides for a more effective setting for partisan actors chasing grounds that enjoy extensive support. The enhancement of the increase in federal power was due to the notable modifications of power to Washington through the mid-20th Century, when federal administrators presumed responsibility for designing responses to financial and societal difficulties that were away from the capability of state governments[2].

In recent times, the federal government appears to have more powers than state governments through how it relates with state governments. Federal administrators in the federal government, through a punishment and reward system are able to influence policies and policy decisions in state governments where they feel a need to do so. The federal government has the authority to implement its domestic policy through the state governments. On the other hand, state governments have no power to implement their own state policies through the federal government. Evidently, this exemplifies how the federal government has increased power in relation to state governments.

Even though the Constitution divides the authorities of both the state and federal governments, there are concerns that ascend enabling the federal government more power. One main concern that has led to the significantly higher power of the federal government in relation to the state governments is the growing interconnection and convolution of the American economy. From the Constitution, Congress has the restricted right to control trade[3]. Over time, this exclusive right has provided the federal government with increased power over the state governments. Since the implementation of the Constitution, the federal government has gained more power over the state governments. The commerce and elastic clause of the Constitution have given permission to the federal government to gain powers that state governments once had and to build new powers. These two Constitutional clauses have permitted the expansion of the federal government to its recent balloon size, while the size and power of state governments have decreased.

The Constitutional elastic clause, which falls under Article I Section VIII, gives the American Congress permission to “make all laws which shall be necessary and proper for carrying into execution…powers vested by this Constitution in the government of the United States[4].’’ This elastic clause has given enormous support to the development of federal government power in relation to the states. The clause allowed for expansion of the day-to-day role of the federal government during President Roosevelt’s reign. Before Roosevelt, the states expended more cash in comparison to the federal government and were the chief avenue of community policy whereas the federal government came secondary. During and after Roosevelt’s reign, the federal government turned into the chief means of establishing communal policy and expended more cash than the joint state governments. The clause permitted the federal government to control trade and take possession of the function of state governments in the business arena. The clause permitted the federal government to establish its individual law enforcement agencies whose powers supplant those that belong to state governments. Additionally, the clause permitted the establishment of a federal highway structure that constructs roads, a responsibility that was under the state governments.

The Constitutional commerce clause, which falls under Article I Section VIII, gives the American Congress permission to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes[5].” This commerce clause has permitted the federal government to have controlling authority over nearly all elements of trade and livelihood. The federal government has overthrown the state governments in the setting of rules and regulations in matters such as gambling and drug use. The federal government also has the powers to ban state internet gambling, reject supervisory authority to the states and guard endangered species that exist within a single state.

The elastic and commerce clause have increasingly been the main contributing factors to the increased power of the federal government in relation to state governments. Since the ratification of the Constitution, it is evident that the power of the federal government has increased tenfold. Federal obligations serve as indicators for the elevation and are principally demonstrative of the increase.

Bibliography

Faber, Michael J. Our Federalist constitution: the founders’ expectations and contemporary American government. El Paso : LFB Scholarly Pub., 2011.

McClanahan, Brion. The Founding Fathers Guide to the Constitution. New York: Regnery Publishing, 2012.

[1] Faber, Michael J. Our Federalist constitution : the founders’ expectations and contemporary American government. El Paso : LFB Scholarly Pub., 2011.

[2] Faber, Michael J. Our Federalist constitution : the founders’ expectations and contemporary American government. El Paso : LFB Scholarly Pub., 2011.

[3] McClanahan, Brion. The Founding Fathers Guide to the Constitution. New York: Regnery Publishing, 2012.

[4] McClanahan, Brion. The Founding Fathers Guide to the Constitution. New York: Regnery Publishing, 2012.

[5] Faber, Michael J. Our Federalist constitution : the founders’ expectations and contemporary American government. El Paso : LFB Scholarly Pub., 2011.