Political subdivisions of police governmental powers per federalism Essay

Political subdivisions of police governmental powers per federalism - Essay Example Several countries like the United States, Canada and Australis follow this system of governance. In effect there are two separate sovereignties both having their own powers and as remarked in the case of Gibbons v. Ogden (1824). While the federal government is very powerful, it can never be all-powerful because the states have continued to have their own judicial system which covers and controls every department which is not linked to the central government and operates within the state’s territory. In this essay I shall start by defining the term federalism and political subdivisions. Then I shall move on to explain the police governmental powers per federalism and explain the historical context of Constitutional clauses establishing such powers. In doing this I intend to aid my essay with examples of the case law before concluding it. Federalism refers to a government system where each province concerned is administered by two government levels. As a general rule the commanding central government takes care of the issues which affect the nation in general while the problems related to state territories are controlled by their respective governments. The federal governance system prevalent in the US is also based on the same concept. There is a central government and various subdivisions of state governments. The constant power struggle between the state and the central government lead to various legal conflicts affecting the smooth administration of key departments operating under both the government divisions. The British government's oppression and tyrannical political and economic road map for American colonies led to the American Revolution. It caused the Americans to greatly distrust the centralized governmental powers. As a result only very little authority was bestowed upon the central government when the C onstitution was initially formed in 1781. The Articles of Confederation created during this period assured unlimited power to each state government to the extent of each state having their own court system. This form of government became too complex to control and a ‘Great Compromise’ was established in 1787 to implement uniform administration throughout the US. This compromise was reached to make the governance process easier, ensure fast economic growth and maintain a standard judicial system throughout the country. Most of the policies drawn in the ‘Great Compromise’ were based on the federalist ideologies. This was condemned by several opponents who called federalism a ‘folly’ and accused the pact of reducing the state government’s power and failing to clarify its actual role in the governance of the country. They also added the Supremacy Clause weakened the power of the state governments. Changes made in the constitutional provision s ensured only the states having a close relationship to the government will be granted the prerequisites for their growth projects. It is a commonly accepted fact that practical conciliation was the only reason to encourage constitutional federalism, then. People speaking in defense of the ‘Great Compromise’ argue that state governments have the power to vote and elect the central government. Hence, their rights are guarded and they are the ones controlling the central government, not vice versa. Political subdivisions on the other hand indicate the states present in the