The Constitutional Laws Of The United States Government Essay

The Constitutional Laws Of The United States Government Essay

Length: 718 words (2.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

In order to ensure that the United States government would possess the power necessary to enforce Constitutional laws while simultaneously limiting its grasp, the Founding Fathers coined the system of federalism. This system delegates the responsibilities of governing a nation to both the federal and state governments. Notably, this arrangement does not make the two balanced in power. In fact, the Constitution granted the Federal Government superiority over all state governments via the Supremacy Clause; but, according to the tenth amendment, this is only true for matters which are explicitly expressed in the Constitution. Consequently, this provision deems any other affairs to be the concern of the states. For example, the Federal Government is the oversight for all operations spanning more than a single state. On the other hand, the states were reserved the right to oversee activities practiced within their own borders on the account of the Constitution lacking specificity.
Because both levels of government overlap in territory, controversy may ensue when either level oversteps their respective boundaries. As a means for control, the Supreme Court has the power to interpret the Constitution and determine whether the federal and state governments are operating judiciously. If either of their actions are found to be unconstitutional, the court is able to rescind any acts on their behalf. An instance demonstrating this clash of government is 2005’s Gonzales vs. Raich.
In 1996, California passed its Compassionate Use Act (CUA), which authorized the consumption of marijuana for medicinal purposes. For Angel Raich, a women living in excruciating pain because of an inoperable brain tumor, marijuana is a lifesaver and she vows to neve...


... middle of paper ...


...ble that the Supreme Court is consistent in its rulings, they should be able to recognize the need for a reform when a law, whose purpose is to elevate the quality of life, ends up diminishing it instead. Though Raich’s endeavors to maintain this quality were praiseworthy, they were ultimately futile. For one thing, her main argument concentrated on limiting the power of the Federal Government rather than basing her defense upon the health issues involved. In addition, should the court have granted Raich and other Californians the right to medicinally use marijuana, it would have initiated a ripple effect of supply and demand nationwide, thus, affecting interstate commerce. If this chain of events were to happen while marijuana is still on the Controlled Substance list, Raich would be back in the same situation, fighting to reduce the power of the Federal Government.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Constitutional Provisions And Fundamental Laws Essays

- A codified constitution is a document in which constitutional provisions and fundamental laws are composed and written down within a single document. A codified constitution is often considered to also be rigid due to the limitations placed on the government 's ability to amend or remove aspects of the constitution. Aspects of a rigid constitution consist of special procedures and requirements for amendments, parts which are unable to be amended, limitation on governmental power and the fundamental rights of a nation....   [tags: United States Constitution, Law]

Better Essays
1086 words (3.1 pages)

The Constitutional Convention Of The United States Essay

- Constitutional Convention The Constitutional Convention was established in Philadelphia on May 24, 1787 (A New Nation Notes). The purpose of the Constitutional Convention was for the colonies to revise the Articles of Confederation (A New Nation Notes). The Convention was also used to establish unity within the colonies and to establish a new central government between the colonies (Teaching American History). Seventy four delegates were invited to attend, but only fifty five delegates were at the Convention, with only Rhode Island refusing to attend....   [tags: United States Constitution]

Better Essays
1781 words (5.1 pages)

Essay The Constitutional Convention Of The United States

- “The Congress shall have Power To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” (Necessary and Proper Clause. 2008.) At the Constitutional Convention, the Committee of Detail took the Convention 's resolutions on national legislative authority and particularized them into a series of enumerated powers. This originated the principle of enumerated powers, under which federal law can govern only as to matters within the terms of some power-granting clause of the Constitution....   [tags: United States Congress]

Better Essays
723 words (2.1 pages)

Constitutional Law and its Contemporary Challenges: Speech, Search and Warrants

- Constitutional Law was created as the chosen way to preserve the United States of America Constitution, ratified by Congress in 1783, in respect to its meanings, use, and enforcement, for free government, and equal justice under the law for all Americans. However, as times and generations have passed, the U.S. Constitution remains the supreme law of the land. Among the most contemporary and controversial elements are the challenges of evolving interpretations of the freedom of speech, and search warrants, which have both had a major impact on society....   [tags: Essays on Constitutional Law]

Better Essays
2532 words (7.2 pages)

The United States 's National Government And Fundamental Laws Essay

- “ The U.S. Constitution established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens”(US Constitution). The Constitution was signed in September of 1787. The Delegates of the Constitutional Convention in Philadelphia were led by George Washington. He was in the position of authority. The delegates came up with a plan at the convention. The plan was to build up a stronger federal government. The Founding Fathers of the Constitution were a group of seven very powerful men....   [tags: United States Constitution, Separation of powers]

Better Essays
1152 words (3.3 pages)

Essay on Government And The Government Of The United States

- America, China, and Great Britain all have separate forms of government that they use to rule over the people in their countries. America’s form of government can be summarized as a federal republic. Great Britain’s form of government is a constitutional monarchy. China’s government can be referred to as a communist state, but it is important to state that the government of China contains a single-party system that acts as a republic. America, China, and Great Britain all have different forms of government that determine the structure of the state and the policies that are created within the government for the people....   [tags: United States Constitution, United States]

Better Essays
1604 words (4.6 pages)

Constitutional And Social Transformation Of The United States Essay

- Alongside the brutal, bloody Civil War and makeshift post-war reconstruction in the South were several monumental changes within the United States. As federal power increased, so did the power of the Constitution, as it began to expand and shift to encompass more and more people. With this also came a social change; millions of blacks, now freed by the thirteenth amendment, had the potential to be just as successful as their white brethren. As time went by, however, numerous pitfalls and opposing viewpoints challenged the idea of constitutional and social transformation....   [tags: American Civil War, Southern United States]

Better Essays
1065 words (3 pages)

The United States : Branches Of Government Essay

- The United States has three branches of government: the executive, the legislative and the judicial. Each of these branches has a distinct and essential role in the function of the government, and they were established in Articles 1 (legislative), 2 (executive) and 3 (judicial) of the U.S. Constitution. To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial. To ensure the government is effective and citizens’ rights are protected, each branch has its own powers and responsibilities, including working with the other branches....   [tags: United States, United States Constitution]

Better Essays
1246 words (3.6 pages)

The Australian Government Essays

- When you think of the “land down under” you don’t really think of the kind of government they have. I chose to write about the Australian government because I really don’t hear much about Australia. It currently has a pretty interesting story to tell when it comes to their government. I became a bit interested in Australian politics when I saw a political animated cartoon on the internet that depicted Kevin Rudd, the last Prime Minister, on a news television show and it was quite humorous. I am going to give a quick history lesson on Australia then go into how the government formed and came to be....   [tags: Government]

Better Essays
1379 words (3.9 pages)

Essay about The United States Government

- U.S. Government (History) The United States Government A collection of short reports all dealing with the United States Government. William Jefferson Clinton William Jefferson Clinton was born on August 19, 1946, in Hope, Arkansas. His father, William J. Blythe III was killed in an automobile collision just two months before William’s birth. At age four, William Jefferson Blythe IV was legally adopted by his mothers second husband, Roger Clinton, making him William Jefferson Clinton. At age 22 William received a Bachelor’s degree from Georgetown University....   [tags: History Historical Government Politics essays]

Better Essays
4087 words (11.7 pages)