You are on page 1of 21

This house believes that Federalism is not needed in our

country :
Before I went to the details of our stance,let me give you
a brief information about the Federal Form of
Government;
Federalism is the process by which two or more
governments share powers over the same
geographic area.
There is a national or central government and
state governments ,each of this state is
independent of each other but they are not in
itself sovereign (International Law) ,such that
other country will only recognise the central
government but not any of the established states.
Furthermore there will be delegation of powers
and the power of the central/national government
is limited ,as of for example in the case of United
States of America ,which is the best example for
the this form of government.
Exclusive Powers of the National
Government
Under the Constitution, powers reserved to the
national government include:
Print money (bills and coins)
Declare war
Establish an army and navy

Enter into treaties with foreign


governments
Regulate commerce between states and
international trade
Establish post offices and issue postage
Make laws necessary to enforce the
Constitution
Exclusive Powers of State Governments
Powers reserved to state governments include:
Establish local governments
Issue licenses (driver, hunting, marriage,
etc.)
Regulate intrastate (within the state)
commerce
Conduct elections
Ratify amendments to the U.S.
Constitution
Provide for public health and safety
Exercise powers neither delegated to the
national government or prohibited from the
states by the U.S.Constitution (For example,
setting legal drinking and smoking ages.)
Powers Shared by National and State
Governments
Shared, or "concurrent" powers include:
Setting up courts
Creating and collecting taxes
Building highways
Borrowing money
Making and enforcing laws
Chartering banks and corporations

Spending money for the betterment of the


general welfare
Taking (condemning) private property with
just compensation
Moreover ,
Federal governments are best used in large countries
where there exists a diverse group of people with diverse
needs but a common culture that unites them together.
Federal governments help address the wide variety of
needs of a geographically large country. It is no wonder,
then, that federal governments exist in large countries,
like the United States, Mexico, Germany, Canada,
Australia, Brazil, and others.
Now that we have an overview of what is really a Federal
form of government ,do we see the need for it in our
country today?
We strongly believe that we do not have to be
transformed into the Federal form for reasons :
(1)

Yes,we are geographically separated by islands but


is it far enough that it is hard to reach them?it will
only take us an hour-two in order to get there if we
need to . Unlike in the US ,you really have to travel

that far and it only makes sense for them to be in


such form.
(2) Promoting Regionalism rather than one-Filipino
culture
- We all know that we have a vast culture and
gradually in a bringe of forgetfulness by the new
generation ;all the more that the sense of unity will be in
peril;it could enflame hostilities between ethnic groups in
the country such as the
Tagalogs,Cebuanos,Bicolanos,Ilocanos,among others.
(3) Uneven development among the states

- Regions or states may not be as ready as others for

self sustenance or autonomy ;some states may not


have a rich in natural resources to generate their own
income. Unlike in the present system where our
budgeting system considers the need of each region. It
can lead to unhealthy competition among the states
and even trigger rivalry among them.

(4) Overlapping in jurisdiction and contradicting laws


- We all know that there will be a delegation of powers
wherein the central government may not intervene but
where does the responsibility of the central govt begins
and ends? Ambiguity may lead to confusion and
overlapping of responsibilities which may just result to

inefficiency of governance ,just the same the purpose of


improvement will be in vain.As the state is allowed to
make their own laws ,there could be contradictory
policies in different parts of the country such as one may
be penalised of a crime in one state and it could not be
unlawful in some other states.Take the case of two states
in the US ;In Ohio,same sex marriage is allowed but in
the other states such as Kentucky,Michigan it is a crime
,the case even reached the Supreme Court for
decision ;all the more that chaos will set in the light of
this.( Obergefell vs Hodges,a landmark case in US-a
story of two homosexuals-badings who got married but
was deprived of being recognised as husband /wife of
the other when the partner died ,so the benefits will not
go to the surviving spouse).

(5) Let us further take a look of our countrys readiness in


the following aspects:
a . Maturity of our leaders: Most of our leaders do not
stay in their own political parties but rather switch every
election time ,this is what we call turncoats ,they consider
factors such as :winnability;survey;networks,machineries
rather than serving the people , sounds a hard hit but
that it is the reality . Because what we need in a Federal

Government is a cohesive and servient parties to lead


our country.
b. Mindset - Most Filipino potential good leaders do not
want to be involved in the political arena because they
believe that it will just be a waste of their resources and
instead of becoming focused on their expertise they will
become worse when in politics.
c. Financial resources -It will be very expensive to set up
this kind of government ,we do not have enough funds
because we are still paying for our debts . Besides we
already have Local Government Units (LGUs) and NGOs
to monitor the constituents and their needs. An attempt
has been made by the previous administration by the so
called Charter Change or simply amending our
Constitution but it did not take off simply because even
getting the voice of the citizen is in itself entails cost.
From among those countries who ventured into
Federalism, did we find any member of the Third World?
None. So we do not risk ourselves otherwise it will just
be ineffectual .
From the given scenarios, we believe that we do not
need a change of government ,all we need is to

strengthen the centralized government, a will to reform


;kill corruption and other root causes of our social evils.
Hence, the long battle for unification will not be resolved
by Federalism again simply because the aim of
Federalism is unity amidst cultural diversity ,easier said
than done .We need to focus on oneness rather than
division, this is not the culture we have been known nor
the culture that we can see progress.
I urge you to ponder and reconsider the notes we have
laid before you before we jump into an uncertain future.
Please be reminded that we have an intergenerational
responsibility of leaving an inheritance to our future
generation and generations yet unborm , a wealth,no
less than as what we have now .

-END-

READING REFERENCES ONLY

Federal Government in the United States:


Division of Power
In the United States, the Constitution created the federal system by limiting
the activities of the national government to a few areas, such as collecting
taxes, providing for defense, borrowing money on credit, regulating
commerce, creating a currency, establishing post offices and post roads,
granting patents, creating lower courts, and declaring war. The 10th
amendment of the Constitution, on the other hand, gave all other powers to
the states. As a result, any specific power not given to the Federal
government is a power of the state government. The chart explains which
powers are given to the federal government and which are given to state
governments.

The Basic Structure and


Functions of the United States
Federal Government
So, you want to create a government from scratch? You
want it to be a new kind of government in which the

people, rather than the "subjects," choose their leaders and


determine the course of the new nation. Such was the
dilemma faced by our Founding Fathers. As Alexander
Hamilton and James Madison summed it up, "In framing a
government which is to be administered by men over men,
the great difficulty lies in this: you must first enable the
government to control the governed; and in the next place
oblige it to control itself." Government 101 presents the
basic structure the Founders gave us in 1787.
In the United States, the Constitution grants certain powers
to both the U.S. government and the state governments.
These powers are granted by the Tenth Amendment, which
states, The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
Those simple 28 words establish three categories of powers
which represent the essence of American federalism:
Expressed or Enumerated Powers: Powers
granted to the U.S. Congress mainly under Article I,
Section 8 of the US Constitution.
Reserved Powers: Powers not granted to the
federal government in the Constitution and thus
reserved to the states.
Concurrent Powers: Powers shared by the
federal government and the states.
For example, Article I, Section 8 of the Constitution grants
the U.S. Congress certain exclusive powers such as coining
money, regulating interstate trade and commerce,
declaring war, raising an army and navy and to establish
laws of immigration.
Under the 10th Amendment, powers not specifically listed
in the Constitution, like requiring drivers licenses and
collecting property taxes, are among the many powers
"reserved" to the states.
The line between the powers of the U.S. government and
those of the states is usually clear. Sometimes, it is not.
Whenever a state government's exercise of power might be

in conflict with the Constitution, we end up with a battle of


states' rights which must often be settled by the Supreme
Court.
When there is a conflict between a state and a similar
federal law, the federal law and powers supersede state
laws and powers.
Probably the greatest battle over states' rights
segregationtook place during the 1960's civil rights
struggle.

Segregation: The Supreme Battle of State's


Rights
In 1954, the Supreme Court in its landmark Brown v. Board
of Education decision ruled that separate school facilities
based on race are inherently unequal and thus in violation
of the 14th Amendment which states, in part: "No state
shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States;
nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the
laws."
Ads
US Government
Federal Government Grants
Property Rights
Bill of Rights
Civil Rights
However, several predominately Southern states, chose to
ignore the Supreme Courts decision and continued the
practice of racial segregation in schools and other public
facilities.
The states based their stance on the 1896 Supreme Court
ruling in Plessy v. Ferguson. In this historic case, the
Supreme Court, with only one dissenting vote, ruled racial
segregation was not in violation of the 14th Amendment if
the separate facilities were "substantially equal."

In June of 1963, Alabama Governor George Wallace stood in


front of the doors of the University of Alabama preventing
black students from entering and challenging the federal
government to intervene. Later the same day, Wallace
gave in to demands by Asst. Attorney Gen. Nicholas
Katzenbach and the Alabama National Guard allowing black
students Vivian Malone and Jimmy Hood to register.
During the rest of 1963, federal courts ordered the
integration of black students into public schools throughout
the South. In spite of the court orders, and with only 2
percent of Southern black children attending formerly allwhite schools, the Civil Rights Act of 1964 authorizing the
U.S. Justice Department to initiate school desegregation
suits was signed into law by President Lyndon Johnson.
A less momentous, but perhaps more illustrative case of a
constitutional battle of "states' rights" went before the
Supreme Court in November 1999, when the Attorney
General of the United States Reno took on the Attorney
General of South Carolina Condon
Article I - The Legislative Branch
Section 8
Clause 1:
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide
for the common Defence and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform
throughout the United States;
Clause 2:
To borrow Money on the credit of the United States;
Clause 3:
To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;

Clause 4:
To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United
States;
Clause 5:
To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
Clause 6:
To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
Clause 7:
To establish Post Offices and post Roads;
Clause 8:
To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
Clause 9:
To constitute Tribunals inferior to the supreme Court;
Clause 10:
To define and punish Piracies and Felonies committed on
the high Seas, and Offences against the Law of Nations;
Clause 11:

To declare War, grant Letters of Marque and Reprisal, and


make Rules concerning Captures on Land and Water;
Clause 12:
To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
Clause 13:
To provide and maintain a Navy;
Clause 14:
To make Rules for the Government and Regulation of the
land and naval Forces;
Clause 15:
To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repel Invasions;
Clause 16:
To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;
Clause 17:
To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may,
by Cession of particular States, and the Acceptance of
Congress, become the Seat of the Government of the
United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in

which the Same shall be, for the Erection of Forts,


Magazines, Arsenals, dock-Yards, and other needful
Buildings;--And
Clause 18:
Powers of the National govt and state govt
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of
the United States, or in any Department or Officer thereof.
he United States Constitution establishes a government
based on "federalism -- a hierarchical system of
government under which two levels of government exercise
a range of control over the same geographic area. This
system of shared control is the opposite of "centralized"
forms of governments, such as those in England and
France, under which the national government maintains
exclusive power.
In the case of the United States, federalism is the sharing
of powers between the U.S. federal government and the
individual state governments.
While each of the 50 U.S. states has its own constitution, all
provisions of the states constitutions must comply with the
U.S. Constitution. For example, a state constitution cannot
deny accused criminals the right to a trial by jury, as
assured by the U.S. Constitution's 6th Amendment.
Under the U.S. Constitution, certain powers are granted
exclusively to either the national government or the state
governments, while other powers are shared by both.
In general, the Constitution grants those powers needed to
deal with issues of overarching national concern exclusively
to the U.S. federal government, while the state

governments are granted powers to deal with issues


pertaining to issues affecting the particular state only.
All laws, regulations and policies enacted by the federal
government must fall within one of the powers specifically
granted to it in the Constitution. For example, the federal
governments powers to levy taxes, mint money, declare
war, establish post offices, and punish piracy at sea are all
enumerated in Article I, Section 8 of the Constitution.
In addition, the federal government claims the power pass
many diverse laws such as those regulating the sale of
guns and tobacco products under the Commerce Clause
of the Constitution, granting it the power, To regulate
Commerce with foreign Nations, and among the several
States, and with the Indian Tribes.
Basically, the Commerce Clause allows the federal
government to pass laws dealing in any way with the
transportation of goods and services between state lines
but no power to regulate commerce that takes place
entirely within a single state.
The extent of the powers granted to the federal
government depends on how the pertinent sections of the
Constitution are interpreted by the U.S. Supreme Court.

Where the States Get Their Powers


The states draw their powers under our system of
federalism from the Tenth Amendment of the Constitution,
which grants them all powers not specifically granted to
the federal government, nor forbidden to them by the
Constitution.
For example, while the Constitution grants the federal
government the power to levy taxes, state and local
governments may also levy taxes, because the Constitution
does not prohibit them from doing so. In general, state
governments have the power to regulated issues of local
concern, such as drivers licenses, public school policy, and
non-federal road construction and maintenance.

Exclusive Powers of the National Government

Under the Constitution, powers reserved to the national


government include:
Print money (bills and coins)
Declare war
Establish an army and navy
Enter into treaties with foreign governments
Regulate commerce between states and
international trade
Establish post offices and issue postage
Make laws necessary to enforce the Constitution

Exclusive Powers of State Governments


Powers reserved to state governments include:
Establish local governments
Issue licenses (driver, hunting, marriage, etc.)
Regulate intrastate (within the state) commerce
Conduct elections
Ratify amendments to the U.S. Constitution
Provide for public health and safety
Exercise powers neither delegated to the national
government or prohibited from the states by the
U.S.Constitution (For example, setting legal drinking
and smoking ages.)

Powers Shared by National and State


Governments

Shared, or "concurrent" powers include:


Setting up courts
Creating and collecting taxes
Building highways
Borrowing money
Making and enforcing laws
Chartering banks and corporations
Spending money for the betterment of the general
welfare
Taking (condemning) private property with just
compensation
Powers of congress

So what are all those senators and representatives doing


on Capitol Hill, anyway? The Congress has specific powers
spelled out in the Constitution, none more important than
its duty to make laws.

Making Laws
Article I of the Constitution sets forth the powers of
Congress in specific language. Section 8 states, "Congress
shall have Power To make all Laws which shall be
necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in
any Department or Officer thereof."
Laws aren't simply conjured out of thin air, of course. In
fact, the legislative process is quite involved and designed
to ensure that proposed laws are given careful
consideration.
Briefly, any senator or congressman may introduce a bill,
after which it is referred to the appropriate legislative
committee for hearings. The committee, in turn, debates
the measure, possibly offering amendments, then voting on
it.
If approved, the bill heads back to the chamber from which
it came, where the full body will vote on it. Assuming
lawmakers approve the measure, it will be sent to the other
chamber for a vote.
Once the measure clears Congress, it is ready for the
president. If both bodies have approved legislation that
differs, it must be resolved in a joint congressional
committee before being voted on again by both chambers.
The legislation then goes to the White House, where the
president may either sign it into law or veto it. Congress, in
turn, has the power to override a presidential veto with a
two-thirds majority in both chambers.

Amending the Constitution

In addition, Congress has the power to amend the


Constitution, though this is a long and arduous process.
Both chambers must approve the proposed constitutional

amendment by two-thirds majority, after which the


measure is sent to the states. The amendment must then
be approved by three-quarters of state legislatures.

The Power of the Purse

Congress also has financial powers. In addition to the


power to coin money, Congress is charged with assessing
and collecting taxes. It also regulates commerce, both
among the states and with foreign nations.

Armed Forces

The power to raise and maintain armed forces is the


responsibility of Congress, and it has the power to declare
war. The Senate, but not the House of Representatives, has
the power to approve treaties with foreign governments, as
well.

Other Powers and Duties


Congress keeps the mail moving by establishing post
offices and the infrastructure to keep them going. It also
appropriates funds for the judicial branch. Congress can
establish other agencies to keep the country running
smoothly as well. Bodies such as the Government
Accountability Office and the National Mediation Board
ensure that the monetary appropriations and the laws that
Congress passes are applied properly. Congress can also
investigate pressing national issues, famously holding
hearings in the 1970s to investigate the Watergate burglary
that ultimately ended the presidency of Richard Nixon, and
it is charged with supervising and providing a balance for
the executive and judicial branches.
Each house has some exclusive duties as well. The House
can initiate laws that require people to pay taxes and can
decide whether public officials should be tried if accused of
a crime. Representatives are elected to two-year terms,
and the Speaker of the House is second in line to succeed
the president after the vice president.The Senate is
responsible for confirming presidential appointments of
Cabinet members, federal judges and foreign ambassadors.
The Senate also tries any federal official accused of a
crime, once the House determines that a trial is in order.

Senators are elected to six-year terms; the vice president


presides over the Senate and has the right to cast the
deciding vote in the event of a tie.

internal controversy and conflict[edit]


The United Provinces of Central America was a short-lived federal republic

Certain forms of political and constitutional dispute are common to


federations. One issue is that the exact division of power and responsibility
between federal and regional governments is often a source of controversy.
Often, as is the case with the United States, such conflicts are resolved
through the judicial system, which delimits the powers of federal and local
governments. The relationship between federal and local courts varies from
nation to nation and can be a controversial and complex issue in itself.
Another common issue in federal systems is the conflict between regional and
national interests, or between the interests and aspirations of different ethnic
groups. In some federations the entire jurisdiction is relatively homogeneous
and each constituent state resembles a miniature version of the whole; this is
known as 'congruent federalism'. On the other hand, incongruent federalism
exists where different states or regions possess distinct ethnic groups.
The ability of a federal government to create national institutions that can
mediate differences that arise because of linguistic, ethnic, religious, or other
regional differences is an important challenge. The inability to meet this
challenge may lead to the secession of parts of a federation or to civil war, as
occurred in United States (southern states interpreted slavery under the tenth
amendment as a state right, while northern states were against slavery, with a
catalysis occurring in the then Kansas Territory) and Switzerland. In the case
of Malaysia, Singapore was expelled from the federation because of rising
racial tension. In some cases internal conflict may lead a federation to
collapse entirely, as occurred in Nigeria, the Federation of Rhodesia and
Nyasaland, the Gran Colombia, the United Provinces of Central America and
the West Indies Federation.

A federal government is a system that divides up power between a strong


national government and smaller local governments. We'll take a look at how
power plays out between the national and local government, and the benefits
of a federal government.

Definition of a Federal Government

Are you a fan of Hollywood cop films? If you are, you may know that a
common plot line in these movies is jurisdiction friction, or when some kind of
tension between local police (usually the hero) and federal investigators
(usually the antagonist) takes place over who has control of an investigation.
Take, for example, the film Rush Hour. In this movie, an LAPD police officer
(Chris Tucker) tries to help a fellow Chinese cop (Jackie Chan) find the
abducted daughter of the Chinese Ambassador to America. While they face
many road blocks, one of the biggest obstacles in their investigation is the
FBI, which orders Tucker and Chan to stop their investigation because it is
outside of local jurisdiction and a matter of federal jurisdiction.
What this common Hollywood plot line reveals is the nature of a federal
government. A federal government is a system of dividing up power between
a central national government and local state governments that are connected
to one another by the national government. Some areas of public life are
under the control of the national government, and some areas are under
control of the local governments. For this reason, cop films like to create
drama by making the federal government and local government bump heads
over who should be investigating the crime at hand. Federal government
systems usually have a constitution that specifies what areas of public life the
national government will take control over and what areas of public life the
state governments will take control over.

Benefits of A Federal Government

Why does the United States have a federal government but not Great Britain?
The answer has to do with size. Federal governments are best used in large
countries where there exists a diverse group of people with diverse needs but
a common culture that unites them together.
For example, think of the difference between Wyoming (the least densely
populated state) and New Jersey (the most densely populated state). Clearly,
the needs at the local level of each state will be different, so they should have

different local governments to address those needs. Nonetheless, both states


share a common culture and interest, and therefore, are united by the national
government.
Federal governments help address the wide variety of needs of a
geographically large country. It is no wonder, then, that federal governments
exist in large countries, like the United States, Mexico, Germany, Canada,
Australia, Brazil, and others.

You might also like