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The Manner in Which the Federal Government Usurps Powers That Initially Belonged to the State Governments and the Judiciary - Case Study Example

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This paper 'The Manner in Which the Federal Government Usurps Powers That Initially Belonged to the State Governments and the Judiciary" focuses on the fact that the expectations of the founding fathers are unmet in the current government functions and structure of the United States of America. …
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The Manner in Which the Federal Government Usurps Powers That Initially Belonged to the State Governments and the Judiciary
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Download file to see previous pages The founding fathers envisioned a state that would respect the constitution, and not breach it. A good example of a breach of the constitution by the Federal government is the enactment of the defence marriage act. Robinson (31) denotes that the act gave authority to the State government, allowing them not to recognize same-sex marriages, even if the marriage occurred in a state that recognizes such kind of marriages. The Supreme Court of America ruled that the law was unconstitutional. Bailey (15) and Robinson (37) believe that this law was against the principles of equality, right to pursuant of happiness

The declaration of rights believes that men have a right to the pursuit of happiness, life and liberty (Bailyn, 13). On this basis, this paper analyzes whether the government of the United States of America is operating in accordance to the visions that the founding fathers of the country had. This paper takes the following stands:

1. The congress has managed to usurp the powers given to the judiciary and limits its operations therefore frustrating the concept of separation of powers as envisioned by the founding fathers.
2. The Federal government spends more money than it has the capability of generating and this promotes poor governance.
3. The Federal government promotes the concept of affirmative action, and this affects the promotion of an individual’s unique abilities and talents.

The Federal government has been unable to function as to the expectations of the founding father, and a good example is a role that the Federal government plays in taking some powers of the State governments and the role of the congress in limiting the functionality of the judiciary. James Madison, one of the founders of the state denotes that the role of the Federal government is limited to specific functions and objectives of the whole republic (Robinson, 27). The state government, on the other hand, must retain numerous authority and power that would enable it to take care of everyone within its jurisdiction. However, the Federal government, through various legislations has managed to usurp some of the powers that State governments have. For instance, the government has a say in almost all economic affairs of the State governments through the Dodd-Frank laws, which were enacted in 2010, to regulate economic activities of any financial institution operating in the United States of America.    ...Download file to see next pagesRead More
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