HOW DOES THE SYSTEM OF FEDERALISM AFFECT THE WAY THE CONSTITUTION IS STRUCTURED?
STATE AND FEDERAL POWER ARE SHARED.
INDIVIDUALS ARE GIVEN MORE POWER AND RIGHTS.
INDIVIDUALS RIGHTS ARE GUARANTEED.
CHECKS AND BALANCES ARE ESTABLISHED.
The system of federalism affects the way the Constitution is structured in several ways:
1. State and federal power are shared: Federalism divides powers between the national government and state governments. This means that certain powers are reserved for the federal government, while others are given to the states. This division of power is outlined in the Constitution, with the federal government having enumerated powers and the states having reserved powers. This ensures a balance of power between the two levels of government.
2. Individuals are given more power and rights: Federalism enhances individual power and rights by granting certain powers to the states. This allows for a more localized government that is closer to its citizens, giving individuals a greater say in their own governance. Additionally, the Tenth Amendment of the Constitution reserves powers not delegated to the federal government to the states or to the people, reinforcing the notion of individual power.
3. Individual rights are guaranteed: The Constitution, including the Bill of Rights, guarantees certain rights to individuals regardless of federalism. These rights include freedom of speech, religion, and assembly, as well as protection from unreasonable searches and seizures. The structure of federalism may have implications on how these rights are protected and enforced at both the national and state levels.
4. Checks and balances are established: Federalism also plays a role in the checks and balances system established by the Constitution. Each level of government has its own powers and responsibilities, and they serve as checks on each other's actions. This helps prevent any one level of government from becoming too powerful and ensures a system of accountability. Additionally, the Supreme Court acts as an arbiter in cases involving disputes between the federal government and the states, ensuring the enforcement of the Constitution's structure.