Federalism and the United States Constitution

Federalism is a compound system of government in which a single, central or â€Å"federal† government is combined with regional government units such as states or provinces in a single political confederation. In this context, federalism can be defined as a system of government in which powers are divided among two levels of government of equal status. In the United States, for example, the system of federalism — as created by the U.S. Constitution — divides powers between the national government and the various state and territorial governments. How Federalism Came to the Constitution While Americans take federalism for granted today, its inclusion in the Constitution did not come without considerable controversy. The so-called Great Debate over federalism took the spotlight on May 25, 1787, when 55 delegates representing 12 of the original 13 U.S. states gathered in Philadelphia for the Constitutional Convention. New Jersey was the lone state that chose not to send a delegation. The main goal of the Convention was to revise the Articles of Confederation, adopted by the Continental Congress on November 15, 1777, shortly after the end of the Revolutionary War. As the nation’s first written constitution, the Articles of Confederation provided for a decidedly weak federal government with more significant powers granted to the states. Among the most glaring of these weaknesses were: Each state — regardless of its population — got only one vote in Congress.There was only one chamber of Congress rather than a House and Senate.All laws required a 9/13 supermajority vote to pass in Congress.Members of Congress were appointed by the state legislatures rather than elected by the people.Congress had no power to levy taxes or regulate foreign and interstate commerce.There was no executive branch provided to enforce laws passed by Congress.There was no Supreme Court or a  lower national court system.Amendments to the Articles of Confederation required a unanimous vote of the states. The weaknesses of the Articles of Confederation had been the caused a seemingly endless series of conflicts between the states, especially in the areas of interstate trade and tariffs. The delegates to the Constitutional Convention hoped the new covenant they were crafting would prevent such disputes. However, the new Constitution finally signed by the Founding Fathers in 1787 needed to be ratified by at least nine of the 13 states in order to take effect. This would prove to be far harder than the document’s supporters had expected. A Great Debate Over Power Erupts As one of the most impactful aspects of the Constitution, the concept of federalism was considered extremely innovative — and controversial — in 1787.   Federalism’s sharing of powers by both the national and state governments was viewed to be in stark contrast to the â€Å"unitary† system of government practiced for centuries in Great Britain. Under such unitary systems, the national government allows local governments very limited powers to govern themselves or their residents. Thus, it is not surprising that Articles of Confederation, coming so soon after the end of Britain’s often tyrannical unitary control of colonial America, would provide for an extremely weak national government. Many newly-independent Americans, including some tasked with drafting the new Constitution, simply did not trust a strong national government — a lack of trust that resulted in a Great Debate. Taking place both during the Constitutional Convention and later during the state ratification process, The Great Debate over federalism pitted the Federalists against the Anti-Federalists. Headed by James Madison and Alexander Hamilton, the Federalists favored a strong national government, while the Anti-Federalists, led by Patrick Henry of Virginia, favored a weaker U.S. government leaving more power to the states. Opposed to the new Constitution, the Anti-Federalists argued that the document’s provision of federalism promoted a corrupt government, with the three separate branches constantly battling each other for control. In addition, the Anti-Federalists stirred fear among the people that a strong national government might allow the President of the United States to act as a virtual king. In defending the new Constitution, Federalist leader James Madison wrote in the â€Å"Federalist Papers† that the system of government created by the document would be â€Å"neither wholly national nor wholly federal.† Madison argued that federalism’s system of shared powers would prevent each state from acting as its own sovereign nation with the power to override the laws of the Confederation. Indeed, the Articles of Confederation had unequivocally stated, â€Å"Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.† Federalism Wins the Day On September 17, 1787, the proposed Constitution — including its provision for federalism — was signed by 39 of the 55 delegates to the Constitutional Convention and sent to the states for ratification. Under Article VII, the new Constitution would not become binding until it had been approved by the legislatures of at least nine of the 13 states.    In a purely tactical move, the Federalist supporters of the Constitution began the ratification process in those states where they had encountered little or no opposition, postponing the more difficult states until later. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution. Effective March 4, 1789, the United States officially became governed by the provisions of the U.S. Constitution. Rhode Island became the thirteenth and final state to ratify the Constitution on May 29, 1790. The Debate Over the Bill of Rights Along with the Great Debate over federalism, a controversy arose during the ratification process over the Constitution’s perceived failure to protect the basic rights of American citizens. Led by Massachusetts, several states argued that the new Constitution failed to protect the basic individual rights and freedoms that the British Crown had denied the American colonists —   the freedoms of speech, religion, assembly, petition, and the press. In addition, these states also objected to the lack of powers granted to the states. In order to ensure ratification, supporters of the Constitution agreed to create and include the Bill of Rights, which at the time, included twelve rather than 10 amendments. Mainly to appease Anti-Federalists who feared that the U.S. Constitution would give the federal government total control over the states, Federalist leaders agreed to add the Tenth Amendment, which specifies that, â€Å"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.†Ã‚   Updated by Robert Longley

Essay on My Definition of Social Studies - 455 Words

My Definition of Social Studies Social studies is the study of world cultures, social and economic issues. It took some time for me to come up with this definition but after years of studying history I feel social studies is not just geography, civics, and history. I do not remember my childhood years of social studies other than studying about white men and the black men they enslaved or the white men who signed the constitution and what great men they were. I always felt the history I learned was one-sided. When I got to junior high school not much had changed. We did begin to learn about a few great black people such as, George Washington Carver, WEB Dubois, and Harriet Tubman. By†¦show more content†¦I am now in college and my professors have opened my eyes to many things, as well as, challenged me to want to learn what was not taught to me long ago. I had Dr. Combs for Urban Geography where I learned about what urban sprawl and contaminated water can do to a community. By learning what causes urban sprawl helped me to understand why family businesses that have been in business for fifty years are now closed. Whenever we discussed our surrounding communities I was always asking questions because I had a genuine interest. I am a forty-year-old black female that grew up in sixties in eastern Arkansas. I do not have many out of school social studies experiences other than the family cultures and traditions I was taught down through the years. One that stands out is Sunday dinners and the stories that my grandmother used to tell about our heritage. The characteristics of an effective social studies teacher would include learning about your students’ socioeconomic background, their interest, and there likes and dislikes. The instruction should not be all lecture, notes, and then test. There should be some hands on opportunities as well as cooperative learning groups. Students could use the computer to communicate with other students in foreign countries to learn of different cultures. Social studies is fun, good, and interesting when it is used toShow MoreRelatedEssay about Research Methodology Report1448 Words   |  6 PagesMethodology Report My themed research project will centre its focus upon the link between Riot Grrrl and its relation to Third-Wave Feminism. Primarily I aim to analyse Riot Grrrl’s music scene, but also its subculture mentioning its DIY punk ethic, political activism and most importantly its influential Zine network. However the purpose of this report is to demonstrate a grounded understanding in three research methodologies and how I will apply each one in regards to my own project. FirstlyRead MoreAnalysis Of Matthew Arnold s Culture And Anarchy785 Words   |  4 Pagessemester. Culture, hegemony and ideology must be part of any study of popular culture. 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Encourage Foreigners to Invest in Philippine Real Estate Market Free Essays

Topic: Encourage Foreigners to Invest in Philippine Real Estate Market Real estate business is a very lucrative and capital intensive venture. It is not for just any one, but only for those who have financial capacity and willingness to buy real properties. Real property may come in the form of buy and sell, or merely renting and make money out of it. We will write a custom essay sample on Encourage Foreigners to Invest in Philippine Real Estate Market or any similar topic only for you Order Now Known as one of the most vibrant real estate markets in Asia, the Philippines growing economy consistently sustained its growth despite the global economic recession. The country’s real estate industry has been receiving positive remarks from various analysts across the globe. The reflection of its success, mainly rooted to the country’s excellent financing services, good capitalization and pro-business climate drives every real estate investors to provide the best real estate solutions for needs of the market. The real estate industry has been increasing year on year and this is characterized by the dynamic growth and upsurge of condominium development across Metro Manila. This growth is fuelled by the increasing overseas Filipino workers remittances as well as new investors who take advantage of the benefits of the low interest rates in the housing market. The influx of condominium development across Metro Manila also validates the soaring demand for residential options, which is between renting an apartment and owning a home in the city. Various innovative unit designs and concepts are being offered in the market to suit current trends in housing and lifestyle preferences of today’s market. This increasing realtors’ confidence to Philippine real estate industry is brought by the improving economy, implementation of good governance among private and public sectors, and the reform inspired government of the new administration. Presently, the real estate market is banking on two major components: (1) remittances of overseas Filipino workers and (2) continuous growth demand by the expanding business process outsourcing industry in the country. Aside from having an investment that never depreciate, investing in real estate in the Philippines would give foreigners additional investment portfolio in a much lower cost compared if they invest it in their own land. The cost of living in the Philippines is relatively lower compared to other nations, and therefore, foreigners can have more value for their money, which in turn increases their investment opportunities. That would be considered â€Å"hitting two birds with one stone†. The economic outlook on the Philippine real estate market is seen to be growing, and it will continue to grow in the next five to ten years brought by the ensuing business process outsourcing industry. BPO is becoming one of the primary sources of income of the young working population in the country today. Owning/Investing Options for Foreigners Any foreigner can lease, buy and own with 100% ownership rights on condominium units only. As far as the law is concerned, every piece of land of the Philippines is for the Filipino only. For investment purposes, foreigners may also lease or buy building offices for business purposes, like those being rented out to others. In as much as there are limitations being followed by foreigners when investing the Philippine real estate market, there are also ways on how they can easily own one. (1) Lease a property – foreigners can lease a property from short to long-term as long as both parties to contract mutually agree. Leased properties may be subleased to other tenants. This form of business operation may be considered as legal operation and foreigners can take advantage of. (2) Be married to a Philippine citizen – once a foreigner is married to a Philippine citizen, the rights to own a land becomes a conjugal. It may seem to be the fastest and least cost among other options. (3) Inherit the property from a deceased Philippine spouse – once married, but suddenly the Philippine citizen spouse died. In this situation, the foreigner spouse together with the other surviving heirs; will be the immediate heir and owner of the property left behind. 4) Purchase land as Balikbayan – some Filipinos who have stayed abroad and eventually availed of another citizenship, may still buy and own properties. It is also possible to own property if the parents or relatives wanted to transfer their property ownership to a Balikbayan. (5) Buy condominium units – foreigners can buy condominium units, in the same way as a Philippine citizen acqu ires condominium unit. Some foreigners can also do trading of condominium units. They can do buy and sell business operation, wherein they will buy a barely finished unit, dress it up and fill with furnitures, and sell at a premium or lease it out. 6) Form a corporation – this option opens the opportunity for foreigners to invest in land, but, it is a must, that the corporation be composed of at least 60% Filipino and only 40% for foreigners. The majority stakeholder should still be Filipinos. After enumerating the ways on how foreigners can invest in the Philippine real estate market, it is imperative for them to know the basic information and obligations when investing in real property. First thing is the preparation for tax obligations. Non-resident foreigners who acquire property may be assessed with 5% – 32% of taxes, depending on the nature of the transaction. Another consideration is the documentary requirements necessary for the processing of transferring of ownership to a foreign national. There are documents that need to be authenticated by the Philippine Consulate from their country. Overview of the Real Estate Investment Trust (REIT) The efforts of passing the REIT Law will open another medium for foreigners’ opportunity to invest in the Philippine real estate market. REIT is defined as a corporation engaged in business whose income will be generated from owning or managing real estate. Through this REIT, the country will be given a better and bigger opportunity to join the global market of real estate investment markets, and foreigners can take their part in. Since it is not yet passed as law, the regulations, rules and limitations are still unknown. Another positive contributor to success of the real estate sector is the proliferation of establishment of special economic zones across the country. The government provides incentives to companies who patronize economic zones, and this attracts more foreign corporate clients and brings their business process outsourcing facilities here. How to cite Encourage Foreigners to Invest in Philippine Real Estate Market, Papers

Elsa Essay Research Paper Gabrielle Roy the free essay sample

Elsa Essay, Research Paper Gabrielle Roy, the writer of Windflower, shows us through her chief character, Elsa Kumachuck, that isolation can hold unfortunate effects on an person and the people around them. We, as readers, are in the beginning given the feeling that Elsa is a fit female parent who is responsible and knows how to raise her child decently. Subsequently on though, we realize that it # 8217 ; s the influence of other people in her life and the experience of isolation subsequently on that lead her to do the determinations that she does. Elsa Kumachuck was at one clip merely a unworried adolescent, traveling to the theatre to watch films, express joying with her friends, and discoursing sex. Her whole life alterations in one dark though, when Elsa is raped by a GI soldier, and as a consequence, gets pregnant. Elsa experiences a really dramatic alteration in herself, both physically and emotionally, and seems to lose all involvement in the things that she used to bask. We will write a custom essay sample on Elsa Essay Research Paper Gabrielle Roy the or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page When her babe, Jimmy, is born nevertheless, she appears to be herself once more. She snaps out of her depression as she observes the small male child she has given birth to. The alone small male child with blond hair and bluish eyes takes her breath off. It seemed that in giving life to her kid she had restored her ain life to herself. Although Jimmy is a joy and a approval to Elsa, he besides creates a struggle for her. She does non cognize whether she should raise him as an Eskimo like herself, or white like the male parent. Elsa takes adv ice from a lady she one time worked for, named Madame Beaulieu, the lone white adult female she knew. Elsa is shortly dressing Jimmy as the white bash, and is maintaining her hut clean and tidy. The people from the Eskimo society are in awe at the beautiful babe with blond, curly hair, and the ways in which Elsa is raising him. They ever want to borrow Jimmy and they even start to bathe their kids as Elsa does, at the same clip every twenty-four hours. Elsa is proud to be the female parent of the babe whom everybody seems to desire, and she tries to do determinations that are in the best involvement of her kid. These determinations nevertheless, anger her female parent, Winnie. Winnie believes that Jimmy should be raised harmonizing to the ways of the Intuit merely. So when Elsa decided to travel back to work for Madame Beaulieu to back up her kid, Winnie breaks all of the wonts that Elsa has set for Jimmy. Winnie felt it was incorrect to disipline a kid or curtail him from making ce rtain things. Soon Jimmy gets excessively attached to his grandma and Elsa decides to take him and go forth her small town and travel to Old Fort Chimo. When they arrive at their finish, Elsa and Jimmy settle in and do a fantastic place for themselves. They neer hear from anyone back place for anumber of old ages until Jimmy # 8217 ; s father contacts them and moves in with them. He is was a dork before but both Elsa and Jimmy decide to give him a opportunity. The two get married and have another kid, a miss. And everyone lives merrily for the remainder of their clip.