Federalism Essay example - 1689 Words

Federalism has played a large role in our government since the time that the Constitution was ratified. It originally gave the majority of the power to the states. As time went on, the national government gained more and more power. It used the quot;necessary and properquot; clause of the Constitution to validate its acts, and the Supreme Court made decisions that strengthened the national government creating a more unified United States. Finally, the recent course of federalism has been to give powers back to the states. Federalism was needed in the Constitution to make sure that the national government did not gain too much power. After the revolution, many people feared a monarchy or any form of government in which the central†¦show more content†¦Madison also stated more points in the Constitution through which state governments would have more power than the national government. He says that the only way the national government could take over the state governments would be if the people continuously elected men to office that wanted to betray both people and states. The quot;necessary and properquot; clause was included in the Constitution to allow for an quot;active and powerful government.quot; It is also known as the elastic clause and basically stated that the national government had the ability to pass any law that was necessary and proper to carry out national business. John Marshall expanded the interpretation of the quot;necessary and properquot; mainly through the Supreme Court decision in McCulloch v. Maryland. His decision that a state could not tax an agency of the national government was not the only outcome of the court case. Marshall took the opportunity to say that even though it is not mentioned in the Constitution, the national government has the right to charter a national bank. The decisions on McCulloch v. Maryland and Gibbons v. Ogden also expanded the role of the national government. McCulloch v. Marylands decision that a state government could not tax an agency of the national government was important in that it set a precedent that gave theShow MoreRelatedFederalism And The Other Federalism849 Words   |  4 PagesI’ve researched different texts and different information on the topic of federalism to have a good understanding and knowledge of it. I found many sources of great information to learn about federalism and how it influences many countries in the world that we know today. My goal in this paper is to give a good understanding to what I’ve learned and give great detail on federalism and the other Federalism is when two or more levels of governments share the same power over theRead MoreEssay on Federalism1371 Words   |  6 PagesFederalism Federalism is a widely accepted system of government in North American cultures. To many North Americans it seems to be the obvious choice for all world governments, but this is not the case. In all honesty, federalism is a fairly unique form of government. Out of approximately two hundred nations on the earth one hundred and eighty states practice unitary forms of government, leaving only twenty or so as federal nations (Winchester, 1999). Unitary forms of government consistRead MoreDifferences Between Dual Federalism And Cooperative Federalism969 Words   |  4 Pagesdual federalism and cooperative federalism? Be sure to fully address what federalism is and why it was created. 1000 words. Dual federalism is a term used to describe a circumstance in which national and state governments are sovereign and equal within their constitutionally allocated spheres of authority. Federalism is a concept that refers to a system of government in which power is shared between the national and non-national governments. Cooperative Federalism is a model of federalism in whichRead MoreFederalism in India3277 Words   |  14 PagesFEDERALISM IN INDIA Federalism is a basic feature of the Constitution of India in which the Union of India is permanent and indestructible. Both the Centre and the States are co-operating and coordinating institutions having independence and ought to exercise their respective powers with mutual adjustment, respect, understanding and accommodation. Tension and conflict of the interests of the Centre and the respective units is an integral part of federalism. Prevention as well as amelioration of conflictsRead MoreFederalism Essay1956 Words   |  8 PagesFederalism The Constitution of the United States was drafted at a time when our country was in dire need of many answers to political and social questions. In addition to many other things, the drafters of the Constitution were concerned with solidifying our central government and the Constitution was intended to provide a solid structure from which our burgeoning nation could grow. The Constitution gave explicit powers to the federal government and provided the states with the Tenth AmendmentRead MoreFederalism Is Considered Centralized, Or Contrarily Decentralized Federalism?1881 Words   |  8 PagesFederalism can be perceived as quite complicated although, when explained can be quite simple. Its basic definition is that it is the share of powers between national and subnational governments. Canadian federalism was born along with the country in 1867 and has prospered ever since. Canada as a federation has evolved tremendously since its early years where it mostly started as a centralized s tate. After the World Wars, Canada progressed to become the decentralized country we know today. The resultsRead MoreFederalist And Dual Federalism1257 Words   |  6 Pagesthe individual states, most policy more closely reflected the peoples of the region. When it became clear that the Articles of Confederation were no longer working for America, the Federalists proposed a new system of Federalism, later named Dual Federalism, or â€Å"Layer Cake† Federalism. That system was based on the premise that there are two distinct, separate spheres of government, national and state. That new Federalist system of government based on the Federalist party ideals featured a strongerRead MoreFederalism Vs. Cooperative Federalism1148 Words   |  5 PagesFederalism is a critically important concept in helping to understanding the American political system. The Founding Fathers of the United States had to answer important questions on how to handle power and responsibility between the s tates and national government. They did not want to have a situation where the federal government had all the power. They had just fought a war against Britain because of that idea. However, they did not want each individual state doing essentially whatever they wantedRead MoreFederalism Vs. Cooperative Federalism1469 Words   |  6 PagesRight now the current form of Federalism that the United States uses today is called New Federalism, or Cooperative Federalism. Cooperative Federalism was created as a political model around 1937 that emphasized â€Å"teamwork† between the National and State governments. This was created to ensure that both governments would work together in order to provide services more efficiently in the Nation. This is why Cooperative Federalism is appealing to this day and still exercised, because the U.S. has stillRead MoreThe Federalism Of The United States1119 Words   |  5 PagesAmericans utilize the Federalism idea as putting into effect the Con stitution for Federal, State, and Local governments. These areas are served as different areas with different needs and goals within the federalist theory. The National Government has expressed powers over the nation and subjects that effect our nation. The State has limited powers that are involved within the State’s boundaries. The local government is expressed to help regulate the states. All together the governments make one

What Really Caused The Nullification Crisis Of The South...

During the late 1820s, John C. Calhoun believed that the tariff of 1816 was responsible for the decline of the South Carolina economy. Calhoun believed that if he developed the Theory of Nullification people in his home state would view him differently. The Theory of Nullification is the idea that states (unions) have the rights to void any law that is created by the government that is seen unconstitutional. States are the foundation of the Union, so they have the power to refuse any unconstitutional laws, and really states usually have the final say. What really caused the Nullification Crisis were many series of Protective Tariffs. Protective Tariffs are taxes placed on imported goods that are from foreign countries and their duty is to raise the price of foreign goods, making them less attractive to consumers protecting them from foreign competition such as; The Tariff of 1816 that placed a 20-25 percent tax on foreign goods, The Tariff of 1824 which placed a 35 percent duty tax on imported iron, wool, hemp, and cotton, finally the Tariff of 1828 which is also known as the Tariff of Abominations it was the third protective tariff and increased taxes to almost 50 percent. European factories during 1816 were far more experienced and with that great capability American factories couldn’t compare because their factories were new, and with that major difference in prices America couldn’t compare to the Europeans. The government then decided that they should make the firstShow MoreRelatedWhat Really Caused The Nullification Crisis Of The South Carolina Economy990 Words   |  4 Pagesthe South Carolina economy. Calhoun believed that if he developed the Theory of Nullification people in his home state would view him differently. The Theory of Nullification is the idea that states (unions) have the rights to void any law that is created by the government that is seen unconstitutional. States are the foundation of the Union, so they have the power to refuse any unconstitutional laws, and really states usually have the final say. What really caused the Nullification Crisis wereRead MoreThe American Civil War1654 Words   |  7 Pagestrying to figure out what caused the bloodiest war in American history. What would cause brother to fight against brother? Could it be the Emancipation Proclamation, which was an executive order given by President Lincoln that freed the slaves in the states that had seceded. Was it the election of Abraham Lincoln in November of 1860 trigger the desire to secede from the nation? Or was it the tariffs, such as the tariff of 1816 and the Tariff of Abomination, which caused the South, thought they wereRead MoreAndrew Jackson : The Second President Of The United States Of America1733 Words   |  7 Pages Andrew Jackson, the seventh president of the United States of America, brave, tough, and mean as a snake but how did he get that way? He was born in South Carolina to his newly emigrated family. His father died soon after he was born, so his mother raised three kids by herself and some Irish immigrant farmers. When he was thirteen he and his brothers joined the Revolutionary war to fight the British. His oldest brother died in battle, but Jackson and his other brother were captured. JacksonRead MoreApush Essay -- in What Ways and to What Extent Was Industrial Development from 1800-1860 a Factor in the Relationship Between the Northern and Southern State?1434 Words   |  6 Pagesthe South in hugely different ways. The prominent differences eventually caused an amazing amount of tension between the two regions as they moved in completely separate directions. Mainly, the North and the South differentiated when it came to cultures, economies, and political views. With the dawn of the 19th century, there were three revolutions that completely altered the United States. The Market Revolution was the shift from mercantile system of trading centers to a capitalist economy, basedRead MoreAmerica s Independence Of Independence Essay2128 Words   |  9 Pagesmaking it the first diplomatic alliance in history (pg.246). The war began to move south during Sir William Howe was replaced with Sir Henry Clinton who was ordered to prepare to set an attack on Carolina and Georgia. With the support from loyalist, runaway slaves, and Cherokee the British were able to easily invaded and conquer Georgia along with Savannah. The British army was also able to conquer South Carolina with the help of two British generals Cornwallis and Clinton they were able to surroundRead MorePresidential Outline of Andrew Jackson2515 Words   |  11 Pagesfamous because of the results of the friendship between the US and Native Americans afterwards. I. South Carolina Ordinance of Nullification (1832) – As United States started to become more and more industrialized, they soon passed a highly protective tariff that infuriated the Southern States, South Carolina in particular. They felt that it benefitted the North and destroyed the South. This tariff benefitted American producers of cloth. It also shrunk demand for southern cotton, makingRead MoreHamilton vs. Jefferson: Political Philosophies of the 1800s1120 Words   |  5 Pagesinsurrection.† In Hamilton’s mind, strengthening the central government would ensure freedom for every American citizen by uniting the people to think and speak with a single voice. Hamilton had witnessed firsthand the political and economic confusion caused by states’ conflicting interests and corrupt taxation policies under the Articles of Confederation. He realized that the only way for the Union to survive and prosper was for the Federal government to take control of the country’s political and economicRead MoreThe War Of 18123664 Words   |  15 Pagessocial life. 4.Non-Intercourse Act, Macon’s Bill No.2 Thomas Jefferson replaced the Embargo Act with Non-intercourse Act by forbidding the trade between the US and Britain and France in order to harm the economies of foreign nations as a punishment for impressment. This ended up harming the US economy more because they had less resources for their exports. Macon’s Bill No.2 followed this law and revised the Non-Intercourse Act to further the plan of economic warfare, so if either country took over theRead MoreAn Agitated Presidency : What Really Influenced Andrew Jackson s Notorious Term? Essay1346 Words   |  6 PagesAn Agitated Presidency: What Really Influenced Andrew Jackson’s Notorious Term? When one thinks about the tile of First Lady of the United States, images of Jackie Kennedy, Lady Bird Johnson, and Michelle Obama begin to materialize. In today’s world, the title can be associated with the President’s wife working eloquently towards the good will of the United States either through social services, community service, and even through getting children active within our schools. Additionally, the FirstRead MoreBiography of President Andrew Jackson Essay2828 Words   |  12 Pageshistorically and while he was the leader of the country. Like many Americans during the time he was born, Andrew Jackson was born to Scottish and Irish immigrant parents on March 15, 1767. It is unclear for certain which, but Jackson was born in one of the Carolinas, which at the time were British colonies. Jackson was raised as a child of the frontier, and likewise received the type of sporadic education that most children got at the time, with formal primary education being y ears away. Jackson would become What Really Caused The Nullification Crisis Of The South... During the late 1820s, John C. Calhoun believed that the tariff of 1816 was responsible for the decline of the South Carolina economy. Calhoun believed that if he developed the Theory of Nullification people in his home state would view him differently. The Theory of Nullification is the idea that states (unions) have the rights to void any law that is created by the government that is seen unconstitutional. States are the foundation of the Union, so they have the power to refuse any unconstitutional laws, and really states usually have the final say. What really caused the Nullification Crisis were many series of Protective Tariffs. Protective Tariffs are taxes placed on imported goods that are from foreign countries and their duty is to raise the price of foreign goods, making them less attractive to consumers protecting them from foreign competition such as; The Tariff of 1816 that placed a 20-25 percent tax on foreign goods, The Tariff of 1824 which placed a 35 percent duty on i mported iron, wool, hemp, and cotton, finally the Tariff of 1828 which is also known as the Tariff of Abominations it was the third protective tariff and increased taxes to almost 50 percent. European factories during 1816 were far more experienced and with that great capability American factories couldn’t compare because their factories were new, and with that major difference in prices America couldn’t compare to the Europeans. The government then decided that they should make the firstShow MoreRelatedWhat Really Caused The Nullification Crisis Of The South Carolina Economy1238 Words   |  5 Pagesthe South Carolina economy. Calhoun believed that if he developed the Theory of Nullification people in his home state would view him differently. The Theory of Nullification is the idea that states (unions) have the rights to void any law that is created by the government that is seen unconstitutional. States are the foundation of the Union, so they have the power to re fuse any unconstitutional laws, and really states usually have the final say. What really caused the Nullification Crisis wereRead MoreThe American Civil War1654 Words   |  7 Pagestrying to figure out what caused the bloodiest war in American history. What would cause brother to fight against brother? Could it be the Emancipation Proclamation, which was an executive order given by President Lincoln that freed the slaves in the states that had seceded. Was it the election of Abraham Lincoln in November of 1860 trigger the desire to secede from the nation? Or was it the tariffs, such as the tariff of 1816 and the Tariff of Abomination, which caused the South, thought they wereRead MoreAndrew Jackson : The Second President Of The United States Of America1733 Words   |  7 Pages Andrew Jackson, the seventh president of the United States of America, brave, tough, and mean as a snake but how did he get that way? He was born in South Carolina to his newly emigrated family. His father died soon after he was born, so his mother raised three kids by herself and some Irish immigrant farmers. When he was thirteen he and his brothers joined the Revolutionary war to fight the British. His oldest brother died in battle, but Jackson and his other brother were captured. JacksonRead MoreApush Essay -- in What Ways and to What Extent Was Industrial Development from 1800-1860 a Factor in the Relationship Between the Northern and Southern State?1434 Words   |  6 Pagesthe South in hugely different ways. The prominent differences eventually caused an amazing amount of tension between the two regions as they moved in completely separate directions. Mainly, the North and the South differentiated when it came to cultures, economies, and political views. With the dawn of the 19th century, there were three revolutions that completely altered the United States. The Market Revolution was the shift from mercantile system of trading centers to a capitalist economy, basedRead MoreAmerica s Independence Of Independence Essay2128 Words   |  9 Pagesmaking it the first diplomatic alliance in history (pg.246). The war began to move south during Sir William Howe was replaced with Sir Henry Clinton who was ordered to prepare to set an attack on Carolina and Georgia. With the support from loyalist, runaway slaves, and Cherokee the British were able to easily invaded and conquer Georgia along with Savannah. The British army was also able to conquer South Carolina with the help of two British generals Cornwallis and Clinton they were able to surroundRead MorePresidential Outline of Andrew Jackson2515 Words   |  11 Pagesfamous because of the results of the friendship between the US and Native Americans afterwards. I. South Carolina Ordinance of Nullification (1832) – As United States started to become more and more industrialized, they soon passed a highly protective tariff that infuriated the Southern States, South Carolina in particular. They felt that it benefitted the North and destroyed the South. This tariff benefitted American producers of cloth. It also shrunk demand for southern cotton, makingRead MoreHamilton vs. Jefferson: Political Philosophies of the 1800s1120 Words   |  5 Pagesinsurrection.† In Hamilton’s mind, strengthening the central government would ensure freedom for every American citizen by uniting the people to think and speak with a single voice. Hamilton had witnessed firsthand the political and economic confusion caused by states’ conflicting interests and corrupt taxation policies under the Articles of Confederation. He realized that the only way for the Union to survive and prosper was for the Federal government to take control of the country’s political and economicRead MoreThe War Of 18123664 Words   |  15 Pagessocial life. 4.Non-Intercourse Act, Macon’s Bill No.2 Thomas Jefferson replaced the Embargo Act with Non-intercourse Act by forbidding the trade between the US and Britain and France in order to harm the economies of foreign nations as a punishment for impressment. This ended up harming the US economy more because they had less resources for their exports. Macon’s Bill No.2 followed this law and revised the Non-Intercourse Act to further the plan of economic warfare, so if either country took over theRead MoreAn Agitated Presidency : What Really Influenced Andrew Jackson s Notorious Term? Essay1346 Words   |  6 PagesAn Agitated Presidency: What Really Influenced Andrew Jackson’s Notorious Term? When one thinks about the tile of First Lady of the United States, images of Jackie Kennedy, Lady Bird Johnson, and Michelle Obama begin to materialize. In today’s world, the title can be associated with the President’s wife working eloquently towards the good will of the United States either through social services, community service, and even through getting children active within our schools. Additionally, the FirstRead MoreBiography of President Andrew Jackson Essay2828 Words   |  12 Pageshistorically and while he was the leader of the country. Like many Americans during the time he was born, Andrew Jackson was born to Scottish and Irish immigrant parents on March 15, 1767. It is unclear for certain which, but Jackson was born in one of the Carolinas, which at the time were British colonies. Jackson was raised as a child of the frontier, and likewise received the type of sporadic education that most children got at the time, with formal primary education being y ears away. Jackson would become

Easements free essay sample

An easement essentially is a right in another’s land and confers both a benefit and a burden. Megarry Wade[1] introduces easements by stating: â€Å"The common law recognised a limited number of rights which one landowner could acquire over the land of another; and these rights were called easements and profits. Examples of easements are rights of way, rights of light and rights of water. † Easements can exist in all number of ways, including an easement to store goods as in Wright v Macadam[2] and an easement to use an airfield as in Dowty Boulton Paul Ltd v Wolverhampton Corporation. 3] However, the requirements to ensure the validity of easements can actually restrict the range of rights that can operate as easements. Some may argue that the law which governs the creation and acquisition of easements has been developed in a haphazard manner and is in need of reform. Indeed, Dr Martin Dixon[4] commented on this: â€Å"Section 62 LPA 1925 is difficult to justify and usually operates only to rescue parties who have failed to specify what they really want or to catch out the innocent but unadvised land owner. We will write a custom essay sample on Easements or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It is not clear that it has a role in a system of e-conveyancing. There are uncertainties about its precise field of operation, save that it operates only on grant. † The conditions needed to satisfy the creation of an easement were set out in Re Ellenborough[5], whereby four rules were set out for a right to be capable of becoming an easement. Firstly, there must be a dominant and servient tenement, whereby the benefit of the right must attach to a piece of land and not that of the individual. Secondly, the easement itself on the servient tenement must accommodate the dominant tenement, meaning that it is imperative that it is connected with its enjoyment as well as for its benefit, as in Hill v Tupper[6]. This rule has caused somewhat controversy over the years as this case, along with the case of Ackroyd v Smith[7] have showed the classification of easements to be closed and limited to only well-recognised types. The third rule in Re Ellenborough states that the dominant and servient tenements must be different people and therefore cannot be owned by the same person as in the case of quasi-easements. Lastly, the easement must be capable of comprising the subject matter of a grant, which includes a number of ideas aimed at controlling the range of possible easements. For example; in order for it to become an easement, the right must be of a clear description and precise definition in its meaning and must not be solely used for the purposes of enjoyment. In Re Aldred[8] it was held that a right to a good view could not constitute as an easement. This would suggest that the acquisition of easements would be not to be found unclear as it warrants against creating miscellaneous definitions. However, some may argue that this last condition in Re Ellenborough allows for judicial discretion and indeed flexibility within the system, as new easements can actually come to exist such as an easement to use a letterbox in Goldberg v Edwards. [9] The rules in Re Ellenborough simply act as a guide for the judge, but often a judge may choose to recognize an easement based on the needs of the property, the behavior of the parties and the circumstances regarding the case. Hence, in this view, the law is uncertain as it becomes somewhat difficult to assert if a new right will pertain to being an easement. In relation to how easements are created, there are three ways in which it was recognised an easement could be created; by way of express or reserved grant, implied or reserved grant by operation of statute or lastly, by operation of prescription. An express grant is the most common way in which easements are created, whereby the owner of the servient land agrees in writing to grant the owner of the dominant land a right over their land for the benefit of the dominant land. *** An easement may also come into being via an implied grant as mentioned previously, through reason of necessity, by  the common intention of the parties, under  the rule in Wheeldon v Burrows and Under  Section 62 of the LPA 1925. However, the above methods of acquiring easements by implied grant can often overlap, as easements created by implication are more difficult to define, as it depends entirely on the facts and circumstances of each unique case whether or not an easement by implication can exist. In terms of by way of necessity, a property to be conveyed can have an implied easement attached onto it, if the use of the easement is reasonably necessary for the enjoyment of the property and is apparent, continuous and in existence at the precise time when the property is being conveyed. Easements by implication are much harder to define. Whether or not an easement by implication exists will depend on the facts and circumstances unique to each case. The established rule found in Wheeldon v Burrow is that on grant of the land, the grantee will acquire all easements which are continuous and apparent, and have been and are at the time of the grant being used by the grantor for the benefit of the land itself. Therefore, following the rule in Wheeldon v Burrows, easements operate in favour of the grantee and against the grantor, as the grantee will be able to claim as an implied easement a right over the land that has been retained by the grantor. However, the rule that the right must be necessary for the reasonable enjoyment of land poses a problem of sorts. The right in question is not essential for the enjoyment of the land, but rather the right should accommodate the dominant tenement. This shows how imprecise the rules regarding Wheeldon v Burrow can be in certain cases, especially in Wheeler v J. J. Saunders Ltd. [10] In section 62 of the Land Property Act 1925, certain requirements are also laid down. This statute implies easements where there has been â€Å"some diversity of ownership or occupation of the quasi-dominant and servient tenements prior to the conveyance. If the purchase is by way of deed, these rights automatically will be transferred along with the conveyance to the grantee unless expressly excluded in the conveyance as in the case of Wright v Macadam. [11] Additionally, the right must be enjoyed at the specific time when the conveyance occurs and the right has to be capable of being an easement, not merely just a permission granted as held in Green v Ascho Horticulturalist Ltd. [12] Turning to easements obtained by prescription, one could say this is similar to acquiring title by adverse possession. It arises from uninterrupted use of land, whereby a non-landowner can gain the prescriptive easement in a property that he does not own if he meets all the requirements stated. Typically, these requirements include using the easement for twenty years (as ruled S. 2 Prescriptions Act 1832 and found in the case of Reilly v Orange[13]), ensuring exclusive control is maintained over it, using it continuously during this period and doing this in a manor which makes it clear to the current owner.