Federalism and Separation of Powers (Term Paper Sample)

Federalism and Separation of Powers Student’s Name: Course Title: Professor’s Name: The Date: Federalism is a system of government that comprises of a central government and several regional or state governments with individual governmental autonomy and independence. The federal government is usually taken to mean the overall authority that is a total of the individual state governments. In a federal arrangement of governance, the state units are not under the subordinate command of the general government, and that gives them the freedom to make their legislations. The general government does not have any authority over the individual governments at the state level. The general government, however, influences the decisions of the state authorities regarding the overarching principles and philosophies that run the federation. The principle of separation of powers is depicted in the implementation of different levels of federal legislation by the three branches of government. The legislature drafts laws which the executive implements while the judiciary gives the implementation procedures. Each of the three branches operates independently but hands over the next step powers to the others to ensure a complete governance structure for the federal authority.[Bulman-Pozen, Jessica. "Federalism All the Way up: State Standing and the New Process Federalism." Cal. L. Rev. 105 (2017): 1739.] [Rubenstein, David S. "Administrative Federalism as Separation of Powers." Wash. & Lee L. Rev. 72 (2015): 171.] The principle of separation of powers is intended to operate in a manner that the branches of government have separate powers in the governance process, but the reality comes out differently. The reality of the interaction between the branches of government depicts a situation where the three powers are share but executed at separate levels of the governance. The executive, legislature and judiciary seem to share the same power of government authority as they are perceived as the same unit. The implementation of the various process, therefore, gives the impression of one continuous system that runs the authoritative executions of governance. Federalism has a significant impact on the current governance structures in that it sets the stage for a system of governance that recognizes the independence of the state units. The idea enables the states to operate in a manner that allows them to execute their laws in an independent manner that benefits the residents of the state. Federalism comes with the understanding that each state unit has a unique structure and specific challenges regarding governances. The independence of each unit of the overall federal government is also a good mechanism to maintain a state of stability for each division as the decisions and authorities operate within a limited area. Governing a simple mass as in other forms of government becomes an uphill task due to the increased divergence in social, economic as well as political ideas.[Rubenstein, David S. "Administrative Federalism as Separation of Powers." Wash. & Lee L. Rev. 72 (2015): 171.] The societal problems also become more extensive with huge land masses with vast populations. The federal government, therefore, brings a sense of vibrancy and increased efficiency to the current governance structures and methodologies. A good example of the advantageous impact of federalism is the application in the United States of America where the general government does not interfere in the operations of the states. The system of government works seamlessly as the state and general governments collaborate in developmental matters but not regarding auth...