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
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.
STUDENT #1 RESPONSE:
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repealed by a federal court.
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.
STUDENT #2 RESPONSE:
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.  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. 
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.  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.  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. The law
took effect on July 24, 2011.
New York is the seventh state, after New Hampshire, and the
eighth jurisdiction after the District of Columbia, to license same-sex
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