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  • Essay / The struggle between the state and the federal government...

    Federalism refers to the system of government in which power is shared between a national government and a state government, as defined by a constitution. The overarching goal of such government is to grant each level its own equal, sovereign and independent powers in an overall effort to eliminate too much control by any single level. One of the main requirements of this style of government is that each level has independent power to pass laws. This gives states the ability to maintain a sense of identification and independence from the federal government and allows laws to differ from state to state. The United States upholds a form of federalism that is generally effective in that it has two main branches of government with their own goals as well as a constitution that is respected as best as possible. Arguably the most important thing the branches of the U.S. government can do is uphold the Constitution, because the nation would not function properly without it. Overall, the constitution speaks most to the national government in terms of what is assigned to it. While the Constitution creates a framework of sorts for the national government, the Tenth Amendment (as ratified in 1791) grants the states any power not directly granted in writing to the federal government in the Constitution. The concept of federalism can help eradicate disputes over certain ethical issues by seamlessly granting power to a specific level. However, the constitution, being vaguely worded, can leave much to be interpreted and therefore misunderstandings and controversies can arise as to whether the federal or state government has jurisdiction over certain events. Regardless, according to the middle of the document, the Due Process Clause and the Equal Protection Clause, the ban on same-sex marriage is completely unconstitutional, as is the Defense of Marriage Act. One of the greatest things about America is its promise to provide equality for all its citizens, but that promise is undermined by the Defense of Marriage Act. Furthermore, we must not forget that it is up to each state to determine laws that are not previously stated in the Constitution, and that marriage is not defined anywhere there. When same-sex marriage is accepted in all states, America will be able to continue to uphold its standards of federalism and equality, and the promise of life, liberty, and property to all citizens. Our country cannot be as prosperous and prosperous as we want it to be if we do not follow the laws we set for ourselves - we are nothing if we are not constitutional..