Has State Power Increased or Decreased in Relation to That of the Federal Government? Essay Example

It has been over 150 years since the end of the American Civil War, yet, one of the main issues that were at the center of that conflict, states’ rights, is again center stage[1]. The passage of the Affordable Care Act and the filing of actions by 28 different states challenging said Act has highlighted the conflicts that exist between the state and federal governments. Fortunately, this conflict is not a war but there is definitely an existing battle between the states and the federal government over the limits of federal power and the rights of the states[2].

The debate over the Affordable Care Act (Obama care) is a high profile example of the conflict but there are various other areas where conflict also exists. In Arizona and Georgia, tough new statutes have been enacted providing state authorities in both jurisdictions authority to engage in an area that was previously the exclusive province of the federal government[3]. Both of these disputes are examples of where the states have been fighting back against the tide of an encroaching federal government but, for the most part, the federal government is winning the battle.

Since the Civil War first established the supremacy of the federal government over the states, the federal government has steadily moved toward exercising more and more power over the activities of the states. This process was expedited by Franklin Roosevelt’s New Deal and it has continued in earnest ever since[4]. As the world moves toward increased globalization so does the United States. This means that the distinction between the states has been minimized as government programs on the environment, trade, and education have caused the states to become increasingly more dependent on federal support for their programs. With dependency comes a requisite loss of power and independence. The states have attempted to fight back but, in the long run, it is likely a losing proposition. Distinctions between nation-states are waning in the international arena and the same is happening on the national arena as well. Centralization has been the future since the end of the Civil War and the trend is likely to continue as the term, United States, becomes more and more a reality.

References

Randall Miller, “States rights Confront Civil War,” Philadelphia Reflections accessed on March 28, 2012, http://www.philadelphia-reflections.com/blog/1740.htm.

David C. McBride and Raymond P. Pepe, “Federalism, Liberty and Preemption: The Patient Protection and Affordable Care Act,” Delaware Lawyer (Winter 2012): pp. 22-27. http://www.uniformlaws.org/shared/docs/federalism%20and%20state%20law/Federalism%20and%20State%20Law_DELAWWinterMcBridePepe.pdf.

Richard Fausset, “Georgia passes immigration bill similar to Arizona’s,” Los Angeles Times (April 14, 2011). accessed on March 28,2012 http://articles.latimes.com/2011/apr/14/nation/la-na-georgia-immigration-20110415.

American Government, Federal-State Relations Today: Back to States’ Rights? accessed on March 28, 2012. http://www.ushistory.org/gov/3c.asp.