New Federalism in USA - Research Paper Example

s New Federalism in the United s of America Introduction In the United s, federalism is a termused to indicate the relationship between the state government and the United States federal governments. After the founding of America, there was a shift of power from the states towards the national government. Today federalism has gone through other phases such as the new federalism that is of concern to this paper. The new federalism movement appeared in America in the late 20th Century and early 21st Century. This term is a political philosophy that means devolution of power. This philosophy was initiated by President Ronald Reagan and was characterized by the reverting of power back to the states. The states had lost this autonomy due to President Franklin Roosevelt’s New Deal. The main aim of the new federalism was to restore some autonomy and power back to the states. It was also expected to reduce the control effect of the federal government over state governments. In assessing the new federalism policy, we can look at it from two perspectives: the legislative aspect and the judicial aspect. These two aspects are what shape federalism. The judicial aspect represents the controls of the courts on the federal and congressional powers of the states. On the other hand, the legislative aspect represents the controls by the congress on the federal government thus empowering the states (Modisett 141). The judiciary under the new federalism With federalism comes the aspect of separation of powers that is a system of imposition of limits on the government. It is a system whereby power is shared, and functions are separated. The judiciary is one of the arms that enhance the separation of powers. In the constitution of the United States of America, there is the ‘full faith and credit clause,’ that imposes a responsibility on the states to honor the judicial decisions between the different states. The Supreme Court acts as a referee between the state and federal governments through judicial review. The disputes between the federal government and congress are also handled by the Supreme Court through the interpretation of the constitution and other legal instruments. The judiciary is supposed to be an independent body with the ability to make decisions without external influence. But as stated by Banks and Blakeman, the federal government can still determine what happens in the states (Banks & Blakeman 2). The judiciary may rule that a particular practice is an infringement of rights but the problem comes in when the authorities that caused the infringement are supposed to correct the wrong (Williams 3). In New York v. United States (1997), the Supreme Court used its discretion to overturn the effect of Brady Handgun Violence Prevention Act. This Act required that the state and law enforcement agencies to conduct checks on prospective gun holders. In this case, the Supreme Court sought to show that the congress did not require approval by the state to make any policies. The congress, however, had a responsibility to assist in the implementation of the federal laws. In several other cases, the court has been used to limit the power of the congress. For example, in Gonzales v. Reich (2005), the court ruled that under the commerce clause, the federal government may outlaw the use of marijuana for medical purposes, this notwithstanding that the drug did not go outside the state. The work of the Supreme Court can be seen especially in the interpretation of the commerce clause. This clause grants the congress power to regulate commerce among the states and foreign nations. It has been used to justify various laws that the congress imposes dealing with the economic activities. The Supreme Court comes in and expands the power of the federal government under this clause to quell the disputes. The legislature under the new federalism According to Abbe Gluck, the new federalism concept in America comes from congress. This aspect is displayed by the way the congress comes up with decisions that are meant to give prominence to state governments over the federal government (Gluck 1995). The purpose of doing this is to ensure that states are continually empowered and that they remain relevant. The congress is an important body in the new federalism. The success of the statutory federalism depends on its restraint not to overuse its powers. It is because of the lack of restraint that the courts come in to limit the congressional powers. This can however prove to be less effective. For example, in Brady’s bill, the congress can use its spending powers to achieve the same purpose that it had intended to achieve by using the statute. Similarly, in the case of Lopez, the congress had intended to use the Gun Free School Zones Act to make it criminal possessing guns near the school periphery. The congress could use the commerce clause in this instance to link this law to the interstate commerce (Ferejohn 160). It is for this reason that Ferejohn states that the judicial mechanisms used to regulate congress are blunt tools. Under the commerce clause, as stated the congress has the power to regulate all economic activities that involve the different states. This clause gives the congress broad powers over all the commercial interests of the nation. The commerce clause has brought in a lot of debate on the powers of the congress and whether the courts can limit the same powers. There are those scholars who are of the view that this is not meant to restrain the congressional power. To these scholars, this is meant to put a limitation on the implied authority of the commerce clause (Thomas 8). This argument is used to maintain the relationship between the judiciary and the legislature as two distinct bodies. Under the fourteenth amendment, the congress may enforce the guarantees stated in this amendment. The power of the congress to enforce this law is stated under section 5 of the amendment. The congress uses this amendment to protect all the citizens who are of voting age. When it comes to the election, the congress also has the power to determine the time, manner and place the federal elections will be held. Previously, it is the constitution that provided the limits on the powers of the federal government, but after the passage of the fourteenth amendment, there was a shift in power with the congress getting oversight authority over the federal government. The congress has been said to manipulate this clause. In Katzenbach v. Morgan, the court held that the powers given under the amendment were not to enforce the provisions of the amendment, but rather to define the scope of application of the amendment. It thus gives the congress powers to evaluate and define the circumstances it feels that they may affect the rights of the citizens (Thomas 13). Conclusion The new federalism has made significant progress in the politics of the United States of America. However, it has been faced with what seems like a tug of war between the congress and the federal government. The judiciary through case law, solves the disputes that may come in. The devolution aspect of the new federalism has greatly shaped the economy of many states as the federal government provides block grants to the states. These block grants are meant to solve various social issues in the states. Works Cited Banks, Christopher P., and John C. Blakeman. The U.S. Supreme Court and New Federalism: From the Rehnquist to the Roberts Court. Lanham, Md.: Rowman & Littlefield, 2012. Print. Ferejohn, John A. The New Federalism: Can the States Be Trusted? Stanford, California: Hoover, 1997. Print. GLUCK, ABBE R. "Our [National] Federalism." Yale Law Journal 123.6 (2014): 1996-2043. Academic Search Premier. Web. 14 Nov. 2014. Modisett, Jeffrey. "Discovering the impact of the “new federalism.” On state policy makers: A state attorney General’s Perspective." Indiana Law Review 32.141 (1998): 141-54. Print. Thomas R. Kenneth “Federalism, State Sovereignty and the Constitution: Basis and Limits of Congressional Power.” American Law Division, (2005): Available at http://www.au.af.mil/au/awc/awcgate/crs/rl30315.pdf. Williams, Robert. “Looking Back at the New Judicial Federalisms First Generation.” Valpararaiso University Law Review 30.2 (1996): 1-23. Available at http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1962&context=vulr. Read More