Power Balance Between Federal Government And Local Governments In America

After breaking off from Britain’s rule, the 13 colonies had to establish a rule of law so they adopted the Articles of Confederation. Under the Articles, there was a weak central government with most of the power located in the states’ government. Many problems arose from this framework and that lead to the drafting the Constitution. No document is without flaws and the concern with the Constitution was that it gave too much power to the federal government and not enough to the local governments. Only when the Bill of Rights were added, listing all the powers that the people possess, did the Constitution get ratified. The debate over how much power should be given to the federal and state governments has been ongoing since 1787. Giving states more power is against the welfare of society not only because it has failed before but also because it would create unequal rights amongst all American citizens. There were times in history where the states had more power than the federal government. For instance, under the Articles of Confederation, there was no federal court system, no proper economic plan and no federal military. Economic problems quickly arose and eventually the people decided to rebel against the government, famously known as Shay’s Rebellion.

The weak government was unable to bring together an army to fight the rebellion and the leaders quickly realized that the system had to be changed. The failure of the Articles led to the writing of the Constitution, a document that gave more powers to the federal government but still reserved some for the states.

This is critical because it prevents the federal and local government from having too much control. Although federal regulation may seem overbearing, it is a good uniting force that ensures the states are providing good services for their citizens. Without the federal government checking the states, it is possible that some would neglect their citizens and would work for their own benefit. In an attempt to give the states more power, the secretary of Education Betsy DeVos suggested the federal government allow the states to develop their own education policies. Compared to other countries, our students are falling behind and our education system seems to be lacking. If states were given the power to make education decisions, they would most likely develop a variety of approaches. Depending on how much their state values education, each student will have different experiences and capabilities. This would be beneficial for students in states that put a lot of money and thought towards their education system. In states that don’t prioritize a good education, the students will not be able to keep up with the standard for higher education or jobs. Individuals from one state will have better chances at success because they have received a better education. Educational disparities would be created between students all over America and as a country, we would slump in comparison to other countries. Trusting the states with policies like education would cause great variation in a country that is supposed to be united. Hence, having a uniform system for all these policies allows for everyone in America to have equal opportunities. Supporters of giving the states more power would argue differently. They would say that there are specific needs for every different state so the local government is more fit to take care of those matters. The federal government, on the other hand, would have to think about the relevance of the issue to all of the states forcing one state to be neglected. For example, when gay marriage was nationally legalized in 2015, many states approved of the new law. The states that didn’t approve argued on the basis that a marriage is only for a heterosexual relationship. They believe that the decision didn’t rest on the Supreme Court but rather on God. In Tennessee, two members of the House of Representatives insisted that they would push to create a law that would allow churches to reject conducting a gay marriage. These individuals believe that marriage policies should be solely created by the states. They believe that each state is different based on their religious beliefs and how conservative the residents are. For these individuals, the small scope of local government is better at figuring out what the state needs than the federal government is. However, allowing each state to create their own policies could lead to the unjust treatment of marginalized people. For instance, by giving states the power to delegalize gay marriage, it would invalidate gay love and strip the LGBT community of their First Amendment rights. They would not be able to express their sentiments, even if they are completely valid, just because some individuals think that it is wrong. This wouldn’t be the only way that the states could victimize the LGBT community. For instance, Justin McCarthy mentions, “nearly half of the states sue(d) the federal government over its directive to grant transgender students the right to use bathrooms and locker rooms that correspond with their gender identity.” If the federal government shifted this power to the states, many states would force transgender individuals to go to the bathrooms assigned to the sex that they were born into. Although to some the right to use the bathroom might be trivial, it means the most to these individuals. By not granting the transgender people the right to be themselves, it could expose them to harassment. They will feel as if they do not belong and this will further breed more problems. With the federal government controlling these powers, we ensure that every United States citizen has the freedom to express themselves.

If the federal government is designated less power, America might not be seen as a superpower anymore because the power is divided unevenly between the central and local governments. Moreover, the federal government might grow wary of the states because they are in control of so many different policies. There is always the chance of corruption in government, no matter what level, and this justifies the worry that everyone has. It can be difficult to tell if someone is abusing their power in high-level jobs, making the citizens wary of those officials. The government, both local and federal, is in charge of a lot of our lives so it is crucial that they are at their best so that we can live comfortable and good lives. There has been no perfect mix of powers created so no one knows which government system will work the best. That is one of the reasons why this discussion is so crucial because we still don’t know what works and what doesn’t. Nonetheless, giving the states more power would create unequal opportunities and would allow for the mistreatment of certain individuals, including the LGBT community. In today’s society, where America is split between liberals and conservatives, it is difficult to appease everyone but the division of powers should remain as is for the betterment of society.

03 December 2019
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