Martha Derthick states, “National law and regulation often fail to come to grips with practicalities.” Please...

Martha Derthick states, “National law and regulation often fail to come to grips with practicalities.” Please provide some examples where this is the case. This chapter deals very directly with Hamilton’s Federalist #32. How does the present reality differ from what Hamilton discusses?

Expert Solution

Federalism means a condition in which powers are distributed between states and central government. Here center remains powerful. Such type of system exists in USA.

National laws and regulations are created in air conditioned rooms. These don't have true textures of ground realities. Life doesn't follow bookish knowledge.

Rules and regulations are build on certain scenarios but these circumstances keeps on changing with time. Life has dynamic nature.

Everyday is a new day. A new start is required every morning. Changes in constitution on various issues takes place from time to time. This proves that no law is concrete and firm. There always remains possibility of improvement.

These improvements are made in constitution through various amendments. This is done to enhance grip on practical life. But as the new amendments are enforced situations changes again.

A race always remains in force between enforcement of laws and practicality of laws. Example is rules on homosexuality. Some nation and states legalise it while some are against it. Till now we have not reached to a confidance with which we can either support it or disgrace it.

Scope of discussion always remains open. In present scenario also no country can be considered as ideal one. Each has some sorts of faults.

Intensity and amount of fault may vary but their existance is universal truth. Hence Hamilton's view can not be matched in present reality.

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