Fedral/state an local government (50 word reply to each student response)

Mar 12th, 2015
Price: $10 USD

Question description


The U.S. Constitution established a national government based on the principle of federalism – which delineated federal, state, and local responsibilities. Within the U.S. Constitution federal and state governments are granted a number of ‘exclusive powers’. In addition, the Tenth Amendment to the U.S. Constitution states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (U.S. Const. amend X).

Yet, since ratification, federal, state, and local governments have been embroiled in a series of authorial and policymaking debates regarding the Constitutional interpretation of the Tenth Amendment.

This debate between federal power and state’s rights has many contemporary examples.

Provide two specific examples from your state or local government that illustrates the debate between federal power and state’s rights.

An example: federal highway funds are tied to state adoption of highway speed limits, legal drinking ages, and other vehicular laws. As a result, many state governments argue that the federal government has coerced state cooperation through monetary blackmail.


Hello, Prof and Classmates

In 1819 the state of Ohio decided that the state had the right to seize $100,000 from the bank of the United States for taxes that they believed was owed to the state even after the federal court had ruled such actions by the state of Ohio was not constitutional Ohio took it to the Supreme court with the hope of Nullification on the grounds of the Kentucky and Virginia resolution that the states have an equal right to interpret the Constitution for themselves but when the case of Osborn v. Bank of The United States was finally heard by the United States Supreme Court it was ruled that Ohio did not have the Constitutional power to seize money from the bank of the United States and nullify federal law as they see fit because federal law can only be repealed by a federal court.

Reference: http://en.wikipedia.org/wiki/Osborn_v._Bank_of_the_United_States

In Ohio it is the states right to run the health care system and allow the citizens of that state to choose and take advantage of the health care plan given by insurance providers but with the Affordable Care act the federal government is trying to take away state rights by making it mandatory that every citizen in Ohio must be insured or will be forced to pay a fine for not having health insurance.

Reference: http://www.freedomworks.org/content/states-move-nullify-obamacare


Hello Professor and fellow classmates,

Hope you all had great weekend and beginning of the week.  The first example is Same-sex marriage in New York- “has been legally recognized in New York since July 24, 2011, under the Marriage Equality Act, which was passed by the New York State Legislature on June 24, 2011 and signed by Governor Andrew Cuomo on the same day. [1][2] The Marriage Equality Act does not have a residency restriction, as some other states do, and allows religious organizations to decline to officiate same-sex wedding ceremonies. [3]

In 2006, the New York Court of Appeals ruled that the New York state constitution does not require same-sex marriage rights and left the question of recognition to the legislature. [4] Following the 2006 Court decision, the New York State Assembly passed same-sex marriage legislation in 2007, 2009, and 2011. However, the New York Senate rejected same-sex marriage legislation in a 38–24 vote on December 2, 2009. [5] After negotiations between Republican members of the Senate and Governor Andrew Cuomo, regarding protections against discrimination lawsuits for religious groups and non-profit organizations, the bill passed the State Senate by a vote of 33–29.[3] The law took effect on July 24, 2011.[1]

New York is the seventh state, after New Hampshire, and the eighth jurisdiction after the District of Columbia, to license same-sex marriages.”

Same-sex marriage in New York

The second example is New York Marijuana Laws: Is Marijuana Legal in New York? “Possession of marijuana is illegal in New York. Currently, there are state bills working their way through New York’s legislative process that would legalize medical marijuana if passed. Even if medical marijuana were made legal according to New York state law, it would still be illegal by federal law. Note that marijuana is spelled “marihuana” in all New York statutes.”


New York Marijuana Laws: Is Marijuana Legal in New York?

By FreeAdvice staff


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School: UC Berkeley

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