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Federalism In The United States: Dynamics Of Power And Constitutional Mandates


Rohit Tamang, LL.M (Constitution), CMR University School of Legal Studies


ABSTRACT


This review paper delves into the intricate power dynamics and constitutional mandates that define federal governance in the United States. It begins with an exploration of early federalism, tracing its roots to the Constitutional Convention and key events that established a balance of power between the national government and states. The theoretical foundations are examined through principles such as dual sovereignty, separation of powers, and checks and balances, alongside various models like cooperative and competitive federalism. The paper then shifts to contemporary power dynamics, highlighting intergovernmental relations, fiscal federalism, and key policy areas where federal and state powers intersect. The roles of constitutional mandates, including the enumerated and reserved powers, the Supremacy Clause, and the Commerce Clause, are analyzed for their impact on federal-state relations. Historical conflicts, such as the Civil War and the Civil Rights Movement, are reviewed alongside recent controversies like immigration enforcement and marijuana legalization. Mechanisms for resolving federal-state conflicts, including judicial review and negotiation, are also discussed. The findings underscore the importance of a balanced and adaptable governance structure to uphold democratic values and effectively address modern challenges. This comprehensive analysis provides valuable insights for policymakers, legal practitioners, and scholars engaged in federalism and constitutional law.


Keywords: Federalism, Constitutional mandates, Power dynamics, Intergovernmental relations, Federal-state conflicts.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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