Federal Regulation


Thefederal regulations should always consider welfare systems to thestates and protect some speeches from suppressions. They appear inthe code of federal regulations. The law includes the permanent andgeneral rules that are, usually, published in the national register.Regulated federalism refers to a form of federalism that throughcongress, it imposes the legislation on localities and statesrequiring them to meet the national standards. Federalism tends tohave evolved from the cooperative federalism to creative federalismthen to new federalism. Instances where the federal government maygive the state’s welfare power various factors will arise. Thewelfare gains from an intervention if it outweighs the losses, thenthe state choose the appropriate government level to intervene.Externalities that tend to initiate regulations that may affectconsumers and producers in a locality are likely to occur. Forinstance, the rules may include sitting disputes, creation ofnational facilities, and direct effect to the high-level radioactivewastes impacts (Elkins, 2010).

Welfaresystems are not the preferred system of the states mandate. Governorsof states tend to complain that that federal law is over prescriptiveand thus, they are willing to obtain less federal money in the returnof more flexibility. The public compare welfare system to anti-worksand anti-family. However, polls indicate that public prefer welfareto be reformed so as it does not penalize children. The systems seemdemoralizing and degrading to the states and most of them prefer towork. Scholars argue that the welfare system has no impact in solvingpoverty among children and the entire state (Elkins, 2010). In casethe federal government offers the state’s welfare system,uncertainties tends to occur.


i.There will be no sufficient flexibility.

ii.The system tends to not encourage work.

iii.The systems take responsibilities of the family breakdown.

iv.It does little to poverty eradication. Hence, its poverty remainsa mystery.

Thefederal government issued a mandate of welfare system to the statesbelieving that the program will enable the state to increase itsincome and move out of poverty. However, the goal differed. Theeducation-based programs emphasized the goals explicitly. Forinstance, education and training materials were offered in the viewof improving wages and job stabilities (Elkins, 2010).

Statesare under this program always encouraging its citizens to try tosearch for jobs. However, it restricts them from accepting underpaidjob. The low-wage worker tends to receive only incentives in the formof substantial earned income thus, disregard the work incentivepayments systems of the welfare program. At some point, the programimproves the wages and the states of employment to workers. Forexample, the federal government in the 1990s launched an initiative,forming an organization known as NEWWS. The body was given the samemandate as the welfare to states. Therefore, the program increasedemployment rates. Employment opportunities went up due to the servicethe system offers. They include providing job search initiatives,training and educating its residents (Elkins, 2010).

Thewelfare system involves the creation of welfare-to-work programs. Theprogram ensures that states resident is mandated to undergo training,job search, and further education. It promotes job opportunities asit allows part-time jobs while they are still in the welfare program.The federal grants do NOT represent the real appropriate percentageof total federal gross domestic product (GDP) and budget. Theyoutspent the federal government by an average of at least one percentof the GDP since 1960 (Elkins, 2010).

TheUnited States constitution protects the freedom of speech in itsfirst amendment, which restricts the law from abridging press orfreedom of speech. However, there are regulations set by the courtthat governs the type of communication and circumstances underinvolvement. Communication can be either audio or visual. Thegovernment has laws that ban such forms of communication (Elkins,2010. The Supreme Court restricts some form of speech to be not fullyprotected by the constitution in the first amendment. They include:

Obscenity:This refers to the repulsive speech or sexually explicit orexpression.

Slander: It covers the speech that tends to affect the reputation of others.

Fightingwords: They address words that are provocative and can incite a fightor disturbance in a peaceful place.

Sedition:They are words that on one way, or another involve executing andplanning a revolution against the state.

Theconstitution suppresses speech in many forms. These includesuppression of political speech, public order, and prior restraint.Prior restraint is a government initiative that tends to stopindividual communications. They include newspaper publication andradio broadcast that may convey harmful information to the public.For instance, in the publication of Jay in Saturday press, localswere referred to Jewish gangsters and grafters. These lead to theshutting of the newspaper down by the Minnesota (Near v. Minnesota,1931). However, the Supreme Court and the paper later reviewed thecase was reinstated. The court argued that near and the newspaper hadpermission to express opinions even if they are offensive (Elkins,2010).

Publicorder is another form of legitimate speech suppression. The lawrefers to the society and community peaceful activities byrestricting anyone to shout either fire or joke on bombing inairport. The comments are viewed as incite fro panic and destruction.For example, cases between Charles Schenck and the United States inthe year 1919 where Schenck was convicted of having impeded thefederal government. The opinion was due to handing out of pamphletsin public, which urged people to avoid them from being drafted in theWorld War I. Similarly the court upheld the conviction and referredit to a clear and present danger that related to governmentoperations (Elkins, 2010).

Theconstitution should protect some speech more than others. Forinstance, the public order speech should be legitimately protected,while offensive speech should be considered a violation of freedom ofspeech. The law offers moral information that may be of relevance tothe state and its people. It effects protection of information suchas creating awareness on issues such as the likelihood of terrorismoccurrence. The information ensures people are attentive and alert.On the contract, other speeches should be protected least. The libeland slander speech seems to be offering unethical information such assexuality expletive documents. The information distorts image of theindividual and the state as a whole. There are various advantages offreedom of speech. They include ease of issuing own opinion, and italso dissociates discrimination perspectives. The disadvantagesinclude the ease of destroying the image of state and individual. Inaddition, the ethical principles such as respect may be affected.


Elkins,J. (Ed.). (2010). Visualliteracy.Routledge.