The Growth of National Power on Our Federal System

Kerri Coppedge

04-01-2013

GOVT 2301-53001

The Growth of National Power on Our Federal System

        National powers on our federal system have not always been as strong as they are now.  There have been many factors to the growth of national power on our federal system.  I’m going to explain how national crises and demands, judicial interpretation, and grants-in-aid has cause the growth of national power.

        When we have had a national crises or emergency such as the Civil War, the world wars, the Great Depression, and the aftermath of September 11, 2001 our national government has had to help the nation whereas the state or local government could not.  During the Great Depression the problems were too great for state or local government to help its citizens.  Under the New Deal, brought on by the Great Depression, there were various emergency relief programs designed to help the economy and the unemployed.  It provided relief to the state government, but they had to meet certain requirements to get money from the national government.  After September 11, 2001 federal policymakers created the Department of Homeland Security in 2002. It expanded domestic surveillance activities.  President Bush gave approval to wiretap anyone suspected of terrorist ties without the need of a warrant.

        Judicial interpretation has given more national power to our federal system.  We are a common law nation.  All our laws come from constitutions, statutes, and case laws.  We follow the principles of stare decisis which is Latin for “to stand by things decided.”  It is the doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation.  Our court system is made up of local, state, and federal courts.  Anything a federal court has decided upon all lower courts in that same jurisdiction must follow.  So it is needless to say that when the United States Supreme Court makes a decision on anything it then becomes case law that all must follow.  The United States Supreme Court has been asked to interpret the U.S. Constitution along with federal statutes making their decision one that all courts below must then follow taking power away from the state courts when deciding on the same matter.