Pearlman

Adam Pearlman

Ms. Diane Nicoll

8th Grade History

October 31, 2017

American Government

Would you like to live in a world where Rhode Island could start a war? How about a place

where you had no freedom of speech and no right to own property? Without government, there

would be anarchy in the world. Without a system of rules and guidelines no government would

be able to function. In order to be effective, the United States government is founded on a clear

set of principles. In the U.S., dual sovereignty and federalism, along with the separation of

powers, checks and balances, majority rule and the protection of individual rights are the key

aspects that ensure our our government runs smoothly.

Federalism and dual sovereignty are an important and beneficial part of the U.S.

governmental system. “​Federalism is a form of government that divides sovereign power across

at least two political units” (​Bianco, Cannon)​. ​Dual sovereignty, sometimes known as layer cake

federalism, is the concept that power is divided between the state and federal government in

clearly defined terms. For instance, the federal government can do certain things that the states

can’t; such as start wars, and establish foreign affairs. The states can do things such as create

local government in their respective states, and establish and and maintain school systems.

Sometimes, when there is not a clearly defined separation of authority between the state and

federal governments, confusion can arise. For example, both state and federal governments can

establish laws. This at times, can create conflict between the federal and state governments. One
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big example of this today can be seen in the topic of marijuana. As of January 1, 2017, marijuana

was legalized in California. Even though in California it is legal to own and use marijuana, in the

federal government’s eyes, pot is still illegal. This difference in state and federal laws creates

major conflict for people in California’s marijuana business; because federally backed banks can

not deal with pot dealers. Under current federal law, if a marijuana dealer goes to a federally

backed bank to deposit their money, the federal government has the legal right to seize their

funds. As a result of this, pot dealers can only deal in cash. This conflict and confusion about

marijuana demonstrates how important clearly defined areas of responsibility are for the of idea

dual sovereignty and federalism.

Another essential part of how our country is run is, the separation of power and our

system of checks and balances. “​The separation of powers creates unique roles for each branch

of government” (red millennial). ​ The U.S. the government is separated into the judicial,

executive, and legislative branches. The judicial branch has the power to interpret the laws of the

Constitution. The legislative branch’s primary job is to create laws. The executive branch is

responsible for implementing the laws that the legislative branch makes. The head of the

executive branch is the President. These different branches of government by themselves

however, do not do to enough to protect the people of The United States. This is where the

concept of checks and balances comes into play. To make sure that one branch does not get too

much power, routine checks and balances have been put into place. The constitution states that

each branch can check on another to make sure that things are running smoothly. The judicial

branch is allowed to check on the legislative branch. During this review process, the judicial

branch can determine if a law created by the legislative branch is unconstitutional. The
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executive branch has the ability to check on the judicial branch, because of its power to assign

judges. Finally, the legislative branch can check on the executive branch. The legislative branch

also has the power to approve the judges, approve the idea of starting a war, and impeach the

President for misconduct. All of these concepts help to make sure that our country does not fall

into mass chaos, and that no one part of our government becomes too powerful.

The final important guideline that helps form our system of government, are the ideas of

individual rights and majority rule. The bill of rights addresses people's individual rights. It

consists of the first ten amendments in the constitution. This document gives people certain

rights; such as the right to protect their possessions from unauthorized house searches, freedom

of speech and the right to bear arms. In simple terms, it talks about individual rights that pertain

to every American. In addition to individual rights, the concept of majority rule helps to ensure

that citizens voices are heard. James Herod describes majority rule as, “a voting procedure for

resolving disagreements within a deliberative assembly” (Herod). In order for majority rule to

work, more than 51 percent or more of the people have to agree on one thing. This idea of

majority rule is very important to how our government works. By allowing people to vote for the

ideas they believe in, our citizens can have more of a say in how the U.S. operates. Sometimes,

the ideas of majority rule and individual rights create conflict. For example, the bill of rights

protects free speech. It protects the rights of people in the U.S. to say whatever they want, even if

it is not popular with the majority of Americans. Even though at times this can cause

disagreements, both individual rights, and majority rule, are fundamental parts of what make our

country run.

To preserve Americans Rights, our country has a government based on the a number of
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key ideas and principles. Federalism and dual sovereignty define the role of state and federal

government. The separation of power and system of checks and balances, ensure that no one

branch of government gets too powerful. Finally, the ideas of individual rights and majority rule

make sure that everyone's voice is heard. Together, these ideas, are what make the U.S.

government both fair, and efficient; and make sure that the lives of our citizens are improved.
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Works Cited

Bianco, William, Cannon, David. “Federalism.” ​American Politics Today, ​2010, ww.norton.com.

http://www.wwnorton.com/college/polisci/american-politics-today2/full/ch/03/outline.as
px

Benzine, Craig. ​Federalism: Crash Course Government and Politics #4​. Narrated by Craig

Benzine, ​PBS.com, ​https://www.youtube.com/watch?v=J0gosGXSgsI

Jasuja, Nikhilesh, T. Kate, S. Gauri, Jasuja, Nikhilesh "Federal vs. State Law."

Diffen.com.​ 18 Oct 2017.

http://www.diffen.com/difference/Federal_Law_vs_State_Law

Farlex, “The Free Dictionary.” ​The Free Dictionary ​2003-2017. thefreedictionary.com

https://legal-dictionary.thefreedictionary.com/Seperation+of+powers

Fact Monster. “Checks and Balances.” ​Fact Monster, ​29 Oct. 2017 Factmonster.com

https://www.factmonster.com/us/government-primer/checks-and-balances

Connell, Seth. “The Importance of Separation of Powers & Checks and Balances.”

Red Millenial, ​21, May 2013. redmillenial.com.

https://redmillennial.com/2013/05/27/the-importance-of-separation-of-powers-and-checks-and-b
alances/

Benzine, Craig. ​Separation of Powers and Checks and Balances: Crash Course Government and
Politics #3​ ​Narrated by Craig Benzine,
PBS.com,​https://www.youtube.com/watch?v=0bf3CwYCxXw
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Teammate Larry, ​What are Individual Rights? ​Narrated by Ira Heinichen, ​study.com,
http://study.com/academy/lesson/what-are-individual-rights-definition-examples.html

Herod, James. “Majority Rule.” ​ umb.com ​22 Jan. 2006

http://site.www.umb.edu/faculty/salzman_g/Strate/GetFre/20.htm

National Center for Constitutional Studies, “The Bill of Rights Ammendments 1-10.” ​nccs.net,

2016
https://nccs.net/online-resources/us-constitution/amendments-to-the-us-constitution/the-b
ill-of-rights-amendments-1-10

Patrick, John. “Majority Rule and Minority Rights.” ​annenbergclassroom.org,

http://www.annenbergclassroom.org/term/majority-rule-and-minority-rights

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