Characterizing the Judicial Decision Making Relationship between the U.S. Federal and State Governments under the New Judicial Federalism Perspectives,

Abstract

The United States of America has adopted the federal system based on the distribution of powers and prerogatives between a central government known as the federal government or the national government, and state governments or local governments. Each one has its own constitution and legislations. This paper analyses how theorists often disagree over powers granted to each government. It is believed that the federal government has dominated state governments in the process of decision-making which led to the rise of conflicts between both governments especially during the 20th century, which is analyzed in this dissertation through well selected court cases announced by the United States Supreme Court. The latter has been the authority charged with disputes between the federal and state governments and the interpretation of the U.S. Constitution. Furthermore, this work clarifies that the U.S. Supreme Court decisions have been different. On the one hand, it has supported the supremacy of the federal law; on the other hand, the protection of state’s rights to preserve the equilibrium of power between both governments has been the intended aim of such an institution. Similarly, the present research evaluates the importance of the U.S. Supreme Court’s intermediate decisions which allow the political co-existence between the national and state governments, but those decisions need further improvements. In the light of this research paper, the Obama administration during the 21st century has worked to overcome some of the federal system’s inadequacies and to promote the complementary role between both governments