Constitution in the simplest sense of definition, is a documented fundamental rules, rigid or flexible, legally recognised, and governs a particular sovereign entity and conducts its affairs . The document set out some vital and basic rules which assign functions, powers and duties to the many parts of government and created the relationship that exist between the citizens and the state. Through this exercises, it gives and limit the power of government by preventing them from going against the constitution .The United States started off with a group of colonies that were under a British unitary system. The British government viewed it as a centralized power, a threat to their rights and liberties. The Constitutional Convention held in Philadelphia in 1787 faced the major problem of how to restrict the power of the central government and still provide it with the necessary power to protect national interests. The solution was to divide power between national and state levels of government resulting in federalism. When the Revolution was carried out the United States became a confederation covered by the Articles of Confederation. This system became unsuccessful so it was transformed into a federal system by the Constitution. The drafting of the Constitution by the Framers was opposed to by Antifederalist. The Framers thought it gave the national government too much power. The framers intended federalism to be a device for protecting personal
Over time two major kinds of federalism have dominated the political theory. A debate over the meaning of federalism began after the Civil war, focusing on the interpretation of Article I, section 8 of the Constitution, the commerce clause. Out of this debate came the doctrine of dual federalism in which the national and state governments have defined areas of authority and separately especially over commerce. Congress would regulate interstate commerce and states would regulate intrastate commerce and each would be defined by the Supreme Court. They must defer single state commerce over to the state authority. States depend on the power of the federal government over foreign and military relations, state and foreign commerce. The second major kind of federalism involved the last paragraph of Article I, section 8 of the Constitution authorizing Congress to pass all laws deemed “necessary and proper” in carrying out the enumerated powers (Wilson, 2014).
Today the federal government responsibilities are those that traditionally were the authority of the state government. They include education, social welfare policy, health care, and minimum wage. The growth of the federal government has caused an increase in spending, adjustments for inflation affecting state and local government. The full-time civilian workforce of the federal government is about the same as it was in 1960, while state and local government full-time workforce has more than doubled since 1960. The federal-state relation handles most national laws and policies. This complex relation in whole or partly fund, shape and administer programs. In American politics federalism has been central. The federal government depends on the states to provide senators and representatives.
In America, one of the greatest civil rights we have is that of religious freedom. This, along with several others are granted to all citizens no matter where in the country they live, what country they are originally from or what religion they chose to practice. In light of the attacks on America, in September 2011 there are those who have claimed that they are no longer allowed to freely practice their religion freely; that they are persecuted by those who are supposed to uphold the laws, however there is no concrete proof to back up these claims. What has happened, whether due to these claims or not are “laws being passed to solve a problem that actually doesn’t exist”.
When reading the U.S. Constitution, the First Amendment reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” How does this affect federalism? The question that comes to mind is: does federalism truly support religious freedom for all and if so what impact does it have? For this, I’d like to use the case of county clerk Kim Davis, of Rowan County, KY who refused to sign marriage certificates for same sex couples and sighted her own religious beliefs as a reason. Miss Davis was sued by many couples who she refused to give a license to and in Miller v Davis she was ordered to issue the licenses and when she defied that order was jailed for five days. Miss Davis asked that her name be removed from the license and a law was passed that allowed for a marriage certificate with no clerk’s signature. This case made huge headlines and since it was also during the 2016 presidential campaign was made an even bigger issue, in the end Miss Davis won her battle, if it can be called a battle, against having to issue marriage certificates with her name and names of other clerks in the Kentucky county clerk office to couple of the same sex.
The First Amendments of the U.S. Constitution awards us the privilege to free discourse and expresses that Congress should make no law abridging the freedom of speech, or of the press. The aim behind the Constitution was to permit people the privilege to completely communicate without laws ruining them; the Framers of the Constitution made laws that have progressed since 1797. The right to speak freely has favored this country that awards us a voice to vote on laws affected by the American government.
Freedom of speech, association, political freedom and freedom of public places is common in most states and as such, many cases regarding these freedoms is common. According to the first amendment in the US Bill of Rights, the people have the right to assemble and to free speech. The Supreme Court has therefore provided a list of public places and spaces that expressive activities of right to speech and right to assembly can take place. Enthusiastic fans of Big Bad Bruce are planning a gathering at the Baltimore airport to welcome the rock star home and to show support for his candidacy. The Department of transportation in Maryland state owns and controls the Baltimore airportdenies this group of fans permission to gather citing Section B ofairport’s regulations that make it unlawful for any gathering that exceeds 30 people at any given time at the airport unless for travelling purposes.This paper discusses in details the basis of all challenges to Section B citing laws regarding public gatherings in airports in Baltimore, Maryland and the United States. This paper also explores the success chances of Big Bad Bruce’s fans’ regarding their permission to hold their welcome-home gathering for the rock star.This paper begins with a case brief that gives a condensed and concise summary of the airport opinion and the legal rule of law that applies to the case. The paper then provides the case background including discussions of previously decided related cases using the actual court opinions of other legal cases and laws. The next section analyses the current and future implications of the case this section will discuss how the case is likely to affect current and future events and business laws using court opinions of other legal cases and publications. Also included in this case analysis research project is my personal opinion of the case. This will be based on legal rationale, principles, resources and other cases. The final section of this research paper will be the summary/conclusion of this case based on legal principles and facts. This paper examines how the Section B can be challenged based on the Federal laws and if the rock star’s fans have chances for success in the lawsuit.
Our Constitutional rights are essential to everyone. The battles Americans underwent from the framers coming together and writing the Constitution, permitting individuals to have a voice as long as no harm was done, to the Civil rights movement where the black community fought for equality, not only for themselves but also for other minorities all while dealing with white hate groups and to the 20th century where in the after the aftermath of the 9/11 terrorist acts, the Patriot Act was signed into law by then President George Bush. This act violated both the First and Fourth Amendments. Free speech and free from seizures and unwarranted searches. An individual’s free speech must not be infringed upon to satisfy another’s curiosity because it is unconstitutional.