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Social Sciences
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English (U.S.)
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Discussion: Devolution (Essay Sample)
Instructions:
1. Briefly explain the difference between devolution and preemption. 2. Briefly explain the effects of technology, the electoral process and the judicial system on federalism.
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Discussion
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Devolution refers to the legislative transfer of power from a sovereign state’s central government to other subnational levels, including local, state or regional levels. Devolution is a kind of decentralization and devolved regions have the authority to pass laws pertinent to that region (Gerston, 2007; Castaldi, 2008). On the contrary, diffusion refers to the spread of institutions and power from one society to another. Here, the power and institutions are not transferred through legislation, but may spread through other informal ways (Kozlowski & Weber, 2010). Preemption, on the other hand, refers to the dislodgment by US Federal law of the US state law. In some cases, preemption may be used to refer to the dislodging effect of state laws on laws legislated by municipalities, particularly in the perspective of gun laws, alcoholic beverages, zoning laws, FDA approved pharmaceuticals and so on (Hough & Jeffery, 2006).
Technology, the electoral process and the judicial system may have effects on federalism. Technology may cause either positive or negative effects on federalism. While it may boost the relationship between state and federal governments by enhancing communication and other processes, it may also lead to diffusion of power to areas with innovative technologies, thus causing inequality (Hueglin & Fenna, 2006). The judicial system is often making rulings that have profound effects on the duties and responsibilities of state officials and state governments with regard to the federal government. Such rulings determine the conduct of states and their officials. The judicial system is, therefore, changing the relationship between states and the federal government. The electoral system may not have much of an impact on federalism. The system is governed by the constitution, and unless amendments to the constitution are made, the effect of the electoral system remains lim...
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