Thursday, October 31, 2013

FURK Numero Dos

1) The constitution can be changed in many ways. Formally, only two ways have ever been used. One way to formally amend the constitution is by getting 2/3 of each house of congress to vote for it and then to have 3/4 of all state legislatures ratify it. Another, less popular route, is by getting 2/3 of each house of congress to vote for it and then have 3/4 of all state conventions to ratify it. This is rare because state conventions are rare and this is why only the twenty-first amendment followed this path.

The constitution can also be changed informally. One way that this occurs is by the process of judicial review. A prime example of judicial review came in 1896 when the supreme courts decided that racial discrimination was still legal, even though we already had the fourteenth amendment. A second informal way that the constitution changes is by technological advance. Clearly there was no internet when the founders were writing the constitution. Now that we have the internet, informal changes to the constitution have dedicated powers to regulate the internet to the federal government, even though there is no mention in the actual print of the constitution.

Informal amendments are used more often than formal amendments because informal amendments are much more practical. They don't take a lengthy process of paperwork, support, and legislative debate.

2)After the Articles of Confederation were abolished, the US went to a federal system with a strong central government. Federalism is when multiple levels of government all have power over people living in one area.

Over time, the federal government has gained power over the states. One perfect way to illustrate this is the process of giving out categorical grants. When a state accepts a categorical grant from the federal government, they must also follow the federal mandates attached to said grants. For example, if the federal government is going to give states money to help build roads, there may be a string attached to this money saying that the state must have all speed limits below 60mph.

In some ways, the states have kept or even increases their power too. When a state applies for a block grant, it is judged solely based on the application and comes with no strings attached. This means that the states have the power to write good applications and get federal money without federal mandates. A second way that states have gained power is directly form the tenth amendment. This amendment delegates all power, not given to the federal government or directly denied to states, to the states. This, obviously greatly increases the power of the states.

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