The Federal government gained some powers after, and many questions became present to the State, Federal, and National governments. Federalism is the sharing of power between national and state government. Considering the decisions made in McCulloch v. Maryland, federalism is an important topic to Americans. It is a conflict, trying to divide powers equally, and make everyone happy. John Marshall said, federalism"is perpetually arising, and will probably continue to arise, as long as our system shall exist.” The constitution grants power to the federal government over national concerns.
The Founding Fathers of the United States put into place a series of laws that protects the rights of the individual from the power of an ever expanding government. These laws, collectively known as the Constitution, protected future Americans from the invasive and tyrannical governments of the eighteenth century. More than two-hundred years later, the Constitution is more vital than ever in protecting the rights of every American from the government that we, the people, elect. The First Amendment of the Constitution protects the peoples rights of expression. Expression that in the British controlled colonies could have led to execution.
The federal system created in 1787 continues to shape American, but there are still arguments about the role of the national government vs. the state. From the start, framers of the constitution wanted to choose a system of government that would be strong from a national point of view and show that the states existed. They knew a strong central government once resulted in the revolution for self-government, and that a strong state government was too weak for national problems based on the articles of confederation. Therefore, the only system capable of equaling government powers out would be the federal system. The federal system creates a separation/division of powers in order to prevent tyranny or abuse from a one sided government.
An essentially liberal contract, the constitution binds not only the government, but also the people. Through the constitution, the people collectively commit to certain institutional procedures for managing public affairs and resolving social conflicts. The constitution not only limits the arbitrary power of the government, it also prevents public administration from being poisoned by people's short-term tempers and passions. Through the constitution, the people collectively commit to certain checks against those capricious human sentiments. A central liberal principle which the American constitution serves, is to limit and separate governmental power.
A few short years later the American Revolutionary War which lasted until 1781 when the British surrendered at Yorktown. With the surrender of the British, America was able to become its own independent country. Also in 1781, the first constitution was created, the Articles of Confederation, and did not protect basic personal liberties. It was not until the creation of the United States Constitution in 1787 and the first ten amendments in 1791 that basic personal liberties were granted. This also established the federal court system which was intended to help protect these liberties.
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long.
Both these documents addressed the prominent vital in national vs. state sovereignty, legislative selection process, and executive authority. After winning its independence from England, the U.S, now situated over a vast portion of the eastern seaboard. They needed to fashion some form of governmental system, and on 1776 the Article of Confederation was made, it represented the first constitutional agreement made between the thirteen American states. How the Article of Confederation addressed state sovereignty is that each state will maintain dominance, which means that the state maintains the power to run its own affairs. Any rights or privileges and powers that are not specifically given to the congress by the Article of Confederation are maintained by the state.
In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution. On further analysis, most of the issues within the document were due to vast cultural, racial, and economic lifestyles that our country did and will continue to support, as unintentional as it may be.
Federalism refers to the system of government in which power is split between a national government and a state government as is defined by a constitution. The overarching purpose of such a government is to grant each level their own equal sovereign and independent powers in an overall effort to eliminate too large of a control by one level. One of the major requirements of this style of government is that each level has the independent authority to pass laws - this gives states the ability to maintain a sense of identification and independence from the federal government and allows laws to differ across state borders. The United States upholds a, generally, successful form of federalism seeing as it has two major branches of government with their own purposes as well as a constitution that is followed as well as possible. Arguably, the most important thing that the branches of American government can do is to follow the constitution, as the nation would not properly function without it.
The United States Constitution was adopted on September 17, 1787 by the constitutional convention in Philadelphia, Pennsylvania. It is the supreme law of the United States. After declaring its freedom from Great Britain after the Revolutionary War, America was in need of creating a government separate from the rule of the king. This task was not an easy one to accomplish. The first attempt at constitution, the Articles of Confederation, failed miserably.