Evolution of Federalism: Constitutional Adjustments & New Federalism - Essay Sample

Introduction

Perhaps I might consider the logic applied in this post; however, some ideas need much elaboration. Federalism used today is not exactly what it was when the constitution was adopted. In simple terms, federalism has kept evolving, and many alterations keep on occurring, thus terming this as not being active, as said in the post brings another divergence to its relevance. According to Obi (2019), the constitutional adjustments enabled the exercises of the dual, cooperative and new federalism which show various manifestations of powers of the Congress. Therefore, the post fails to state the type of federalism that provides for the function of working for the whole nation's interest. The main agenda of the 1995 U.S v. Lopez, 514 U.S.549 was for the Supreme Court to help make a "plenary" to Congress powers on the regulation of intrastate commerce unlike how the post says. I respectfully disagree with this statement; intervening through the whole act and the events that followed the enactment one will keep asking the question, how did the supreme expand the federal crime? I think among the various congressional Acts made by the Court concerning intrastate commerce, gun possession in school was not an economic issue. That's why the writer talks of the contradictions and how the Court supported crime. No congressional powers were limited in this case; the role of the Supreme Court is to provide an interpretation of the constitution, where the division of powers is among the constitutional provisions. What the Supreme Court does in the second amendment is to make revisits to different cases on "the collective rights theory" (Obi, 2019). The theory asserts the federal legislative bodies have the authority to regulate firearms implying the rights the constitution allocates to Congress and other statutory agencies.

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As mentioned earlier, the evolution of the federalism provides for the existence of the three types of federalism, the dual, cooperative, and new federalism. What the post misses is that the Commerce Clause is positioned to remain ordained to the nation's regulations. As provided by Congress through its three parts (a, b and c), marijuana legalization, congress power to control of intrastate commerce activities, and the reliance of the respondents on Morrison and Lopez, which takes us back to the separate arms of the government. This is even apparent in the Bible "For the Lord is our judge, The Lord is our lawgiver, and The Lord is our king; He will save us..." (Isaiah 33:22). Despite the efforts of the Court to close federal question on legalizing marijuana, therefore whatever is looked upon is the constitution which acts as the Bible providing policies of the land and the central government as the lord that appears in separate arms to give laws and judge according to the law.

The discussion picks its ideas on the peak by drawing analysis from different directions, especially from past political history. It is indeed perfect for granting the national or federal government powers to make more "fragile" and complex policies concerning security, commerce, and trade to help mitigate the excessive loads that the ordinary citizens are left to lift due to poor Court rulings and state laws consistently. From my slant, agreeing to the decisions made based on 1938 Fair Labor Standards Act is quite adequate, state governments have the authority to cater for the welfare of its people, therefore, allowing the Congress to make such legislation will be a violation of the states' sovereignty (Obi, 2019). The tenth amendment bolds several aspects that place more powers on the rules and local governments. They are granted powers to regulate their labor market, structure their essential operations more so in the traditional governmental activities, and the commerce power exercise. However, the crucial decisions, just like stipulated in (Dan 2:21-22), are left in the hands of God who has power to all seasons and times.

References

Obi, E. A. (2019). The Theory, Practice and Current Trends in Federalism; Journal of Social Service and Welfare, 1(1), 10-20. Retrieved from https://www.researchgate.net/profile/Emeka_Obi4/publication/336666896_The_Theory_Practice_and_Current_Trends_in_Federalism/links/5daaf1df4585155e27f6e4b4/The-Theory-Practice-and-Current-Trends-in-Federalism.pdf