Reading Response #1
The modern foundation of Federalism is grounded in the Constitution. However, there is no central definition of Federalism found in this document. Erwin Chemerinsky in Reconceptualizing federalism (2005) suggests federalism in the 1990’s and the early 21st century is defined by, “both the Supreme Court and Congress … restricting federal authority for the sake of protecting states ' autonomy”. These rules define the scope of authority available to the federal, state, and local agencies—what they can do by law—and they provide a framework to govern relationships between and among agencies. In the 1780s a group of like-minded Americans recognized the inadequacies of the Articles of Federation and set about making changes …show more content…
Constitution are negative rights, meaning they limit the ability of the government to restrict certain behaviors, speech, worship, and to deprive us of life, liberty and property without due process. States in contrast have affirmative duties meaning the states hold obligations to its citizens who are in need. This unfortunately has produced a system where there is no common concept of social welfare. The Constitution does not provide any individual right to welfare. State constitutions are different in that they may contain provisions that obligate the state to provide for the social welfare of its citizens. Therefore, most of the social welfare programs are funded by the federal and state governments but the regulations are issued by the federal …show more content…
With the decision in United States v. Lopez the Court found there was no connection between illegally possessing a gun and interstate commerce. Chemerinsky believes these swings in the balance of power between branches of government will lose sight of the intent that federalism protects liberty and avoids tyranny. He proposes an alternate form of federalism in terms of empowerment with the courts enforcing the Constitutions protection of individual civil rights and liberties. He suggests in Reconceptualizing federalism (2013) five foundations; (1) Congress may regulate activity that reasonably has an effect on commerce with foreign nations, Indian tribes, and among states. (2) Congress, under its taxing and spending power should continue to fund programs that support public welfare. (3) Congress should, from powers granted from the 13th, 14th, and 15th amendment, be able to regulate both private and government actors and the power should not be limiting already provided powers granted by the court. (4) Empowerment would use the language already written in the Tenth Amendment literally. (5) The Eleventh Amendment should not be a bar to suits for a violation of the Constitution or laws of the United States. The central idea in these suggestions is how we should best equip each level of government with the tools to respond to the serious social problems facing
The modern foundation of Federalism is grounded in the Constitution. However, there is no central definition of Federalism found in this document. Erwin Chemerinsky in Reconceptualizing federalism (2005) suggests federalism in the 1990’s and the early 21st century is defined by, “both the Supreme Court and Congress … restricting federal authority for the sake of protecting states ' autonomy”. These rules define the scope of authority available to the federal, state, and local agencies—what they can do by law—and they provide a framework to govern relationships between and among agencies. In the 1780s a group of like-minded Americans recognized the inadequacies of the Articles of Federation and set about making changes …show more content…
Constitution are negative rights, meaning they limit the ability of the government to restrict certain behaviors, speech, worship, and to deprive us of life, liberty and property without due process. States in contrast have affirmative duties meaning the states hold obligations to its citizens who are in need. This unfortunately has produced a system where there is no common concept of social welfare. The Constitution does not provide any individual right to welfare. State constitutions are different in that they may contain provisions that obligate the state to provide for the social welfare of its citizens. Therefore, most of the social welfare programs are funded by the federal and state governments but the regulations are issued by the federal …show more content…
With the decision in United States v. Lopez the Court found there was no connection between illegally possessing a gun and interstate commerce. Chemerinsky believes these swings in the balance of power between branches of government will lose sight of the intent that federalism protects liberty and avoids tyranny. He proposes an alternate form of federalism in terms of empowerment with the courts enforcing the Constitutions protection of individual civil rights and liberties. He suggests in Reconceptualizing federalism (2013) five foundations; (1) Congress may regulate activity that reasonably has an effect on commerce with foreign nations, Indian tribes, and among states. (2) Congress, under its taxing and spending power should continue to fund programs that support public welfare. (3) Congress should, from powers granted from the 13th, 14th, and 15th amendment, be able to regulate both private and government actors and the power should not be limiting already provided powers granted by the court. (4) Empowerment would use the language already written in the Tenth Amendment literally. (5) The Eleventh Amendment should not be a bar to suits for a violation of the Constitution or laws of the United States. The central idea in these suggestions is how we should best equip each level of government with the tools to respond to the serious social problems facing