Federalism, IGR, and the Constitution

Federalism, IGR, and the Constitution

Introduction:

In this essay, I will combine information from both the textbook, in class discussion, and my syllabus in order to better understand and explain issues, ideas, concepts and models related to American government and politics.

My explanation and analysis of relevant concepts will provide a means of understanding this first section. In my conclusion, I will demonstrate that I understand how these ideas, issues, concepts and models –fully explained in the body of my essay-fit together. My essay’s length will be proportionate to the effort needed to fully cover course material and address the component parts of the assignment.

In this essay I will address the following:

1. Federalism
2. The link federalism has to the Constitution
3. Intergovernmental Relations (the Scheberle model)
4. The link Intergovernmental Relations have to the Constitution

Body:

Section A:

Federalism refers to the division of power and responsibilities between the state and national governments. According to Ginsberg, Lowi, Weir, and Tolbert, governments may organize their leadership either in unitary of federal systems (69). The unitary system is where the central or national government has the responsibility of making all the vital decisions involving the entire country. Here, the lower levels of government have little power and thus cannot make major decisions. The federal system, on the other hand, allows the sharing of power between the national and state governments. The U.S. government functions using a federal system because it contains many states that are not easily managed using one centralized governments. The 50 states of the country all require independent systems to help cater to all the U.S. citizens, thus the need for state governments.

In the federal system, the national and state governments share concurrent power in most of its decisions. However, in a case where the actions made by state governments do not parallel with those of the national government, the constitution sides with the national government (Ginsberg, Lowi, Weir, & Tolbert, 70). The Federal system allows states to makes their own laws as long as they are considered as pertinent by the national government. Nonetheless, article IV, section 1 uses the full faith and credit clause to ensure unity among all the states. The article states that every state has the obligation to respect judicial proceedings, public rules, and records of other states. The clause ensures that although they may have differing laws, all states work in harmony. The comity clause also allows all U.S. citizens to receive the privileges and immunities they are entitled to in every state (Ginsberg, Lowi, Weir, & Tolbert, 72). According to Ronald

Regan, new federalism is the act of returning power to the state government through acts like the block grants and other constitutional laws (Ginsberg, Lowi, Weir, & Tolbert, 85). The tenth amendment of Article 1 of the constitution is an example of its essence in federalism. The amendment states that “the powers the constitution does not delegate to the national government or prohibit to the states are “reserved to the states respectively” (Ginsberg, Lowi, Weir, & Tolbert, 70). The constitutional law helps in limiting power granted to the federal government to facilitate the rise of state legislation. In addition, the constitution relieves the national government of major decision making responsibilities by allowing the state government to make fundamental resolves. Nonetheless, the constitution also has laws that assist the national government retain some of its power. Article 1 of the constitution provides the federal government with powers to make country decisions regarding commerce and wars. The article also allows congress to make decisions regarding the execution of foregoing powers.

Section B: Intergovernmental Relations

Intergovernmental relations (IGRs) are the divergent engagement forms that government officials use in interaction. While federalism is the government entities that contain power, intergovernmental relations explain the proprietorship of that power. Scheberle’s model best explains IGRs as she stresses the importance of cooperation between federal and nonfederal states in successful legislations and their implementation. Moreover, she believes that the federal government has the power to encourage state decisions. Scheberle uses four working relationships that demonstrate the interplay of trust or the lack thereof between federal and nonfederal states (Scheberle, 46).

The first working relationship, coming apart with avoidance, describes a partnership between federal and nonfederal governments that lack an interaction or trust in each other. In such instances, the partners produce ineffective programs due to superficial cooperation. The second working relationship is coming apart with contentions. Here, the two partners have a relationship with little trust but succeed in facilitating high levels of interaction. They, therefore, often micromanage and contain hidden agendas. Coming together with autonomy is the third relationship. It demonstrates a working relationship where partners have high levels of trust in each other with little interaction hence there are low improvements. Finally, the Scheberle model discusses the ultimate interaction between federal and nonfederal states; coming together with synergy (47). Here, all entities have high levels of trust in each other, and interact efficiently to attain successful legislations.

The constitution is linked to IGRs since the former creates laws to facilitate governmental and institutional cooperation. The Department of Provincial and Local Government, whose sole purpose is to amend and develop the constitutional constantly identifies challenges facing the positive revolution in intergovernmental relation. A constitutional audit, created by the department, determines all factors that impede institutional cooperation. The audit allows the constitution to make laws that facilitate proper intergovernmental relations.

The constitution creates a link between federalism and IGRs. Through its laws, the constitution regulates federal powers, gives state governments’ independent power, and facilitates better cooperation among intergovernmental entities. Moreover, the constitution also helps both national and state governments in controlling political, economic, and social environments. According to Scheberle, the constitution also creates accountability among intergovernmental relations through its policies, thus facilitating proper implementation of legislations (51).

In this essay I have addressed concepts and models relevant to understanding and explaining American government and politics. Federalism although not completely functional, is essential in the government of a large nation like the U.S. Besides, the proper coercion of IGRs through the constitution facilitates the implementation of national and state power.