The purpose of the constitutional powers of the national government is to keep checks and balances among the legislative, executive, and judicial branches, and also to divide power between the federal and state governments. Some key constitutional provisions that help us better understand the different constitutional powers of the national and state government first begins with Article One Section Eight of the Constitution. This passage is all about enumerated powers given to the national government which are also known as delegated powers. The Framers, who were the founders of the Constitution granted and denied powers to the national and state governments, in which included seventeen enumerated powers. Some of these enumerated powers for …show more content…
When federalism first developed, it was called dual federalism which lasted from 1789 to 1937. Dual federalism was a model in which the responsibilities and activities of the national and state governments were separate and distinct. During this time the national government was known to promote economic expansion and to control trade. The state government was known to police powers and regulate business behaviors, such as health and safety of citizens. The levels of governments had their own responsibilities and did not overstep each other. Then the dual federalism changed into cooperative federalism during the time of the Great Depression due to the overwhelmed states who needed help to grow the economy. This type of federalism is which is still used today. It stresses the linkages among the three levels of government, and it also created a new interpretation of commerce power. This gives the congress power to regulate trade with other foreign countries among the states and not just federally. This federalism also introduced many new grants-in-aid which helps to redistribute wealth and created a minimum wage. In this type of federalism, the two levels of government work together, unlike dual federalism, to accomplish similar goals and to help one another. In 1964, a new type of federalism was created, coercive federalism, which is also used in today's society. This form of federalism is when the national government uses regulation, mandates, conditions, and preemptions to impose national priorities on the states. In this case, national laws will take precedence over state laws, and states will have to do certain things which does not necessarily mean it has to be funded or mandated. In a way, the national government is dictating the states. This form of federalism is where the BAC level comes into play. As explained before, if the states do not enforce the
In his speech, The Making of the U.S. Constitution, Gordon Wood discusses the history of how the U.S. Constitution came to be. He explains what factors contributed to its making and what the general consensus was about it during the time. He explains that the reason the constitution was created was because the government needed more power. Why did the government need more power? In short, to unify the 13 states and make life, in general, easier for its citizens, officers, artisans, and even to help with commercial interests (Wood, 2012).
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
Politics and its inner working can be described as the activities that determine the governance of a specific area, country, or continent. Imagine living in the United States during the 1800’s when there were two political parties, namely Federalists and Democratic-Republicans. Personally, I would choose to join the Democratic-Republican Party. As compared to the Federalist Party, the Democratic-Republicans had their policies centralized. They emphasized on agrarian interests that protected the rights of every single individual living in the United States of America. I would be very focused on promoting these facts to my best friends.
The United States government is based around our Constitution. One of the most important pieces to U.S. Constitution is what lies in Article. I. Section. 8. Here is a list of powers granted to congress through the Constitution, known as the Enumerated Powers or Granted Powers, stating what congress can enforce on the nation as a whole. Examples of these powers include, the ability to lay and collect taxes, to pay debts, provide common defense/ declare war, provide for the general welfare, and the power to regulate commerce. Valuable topics to understand when reviewing the Enumerated Powers that are granted to the United States Congress are how federalism and Federalists are tied into congress 's constitutional powers and the meaning and
The establishment of the U.S. Constitution was an action taken in order to supply federal control over the young United States of America without replicating the mistakes and flaws present within the Articles of Confederation. The idea of the Constitution was to better unify the states, something the Articles of Confederation were completely unable to do. Even during the infancy of the Constitution, its creators were divided into two major political parties: the federalists, who supported large and strong federal government, and the Anti-Federalists who supported reserving state’s rights and limiting the grasp of the federal government. Upon the establishment and the passing of the U.S. constitution, these two parties used personal party-based
James Madison was no stranger to opposition. In publishing an essay referred to today as Federalist Essay No. 10, Madison participated in a persuasive attempt to ratify the Constitution, a document he drafted and for which he is credited as its “Father”. Along with John Jay, who became the United States’ first Supreme Court Chief Justice, and Alexander Hamilton, who became the first Secretary of the Treasury, Madison articulates in his writing the necessity of the Constitution as a remedy for the extant ills of an infant nation recently freed from the grasp of distant monarchical rule. This young nation faltered under the first endeavor of organized government, the Articles of Confederation. The Articles were designed during a period of emerging
The Constitution of the United States of America was too vague to work. The way the constitution was written it gave power to four parts: the congress, the executive branch, the judicial branch, and the states. Because it was so vague it did not really define which powers went where (with a few exceptions).
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
The reason for much of this power is the principle of judicial review of the actions of the executive and legislative branches of government at both state and federal level against a written constitution and the power therefore to 'interpret' the constitution. The power of judicial review over the states is laid down in the supremacy clause of article III and the power of judicial review over the other two branches of the federal government is implied in the constitution and by several but by no means all of the founding fathers: "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of thei... ... middle of paper ... ...
Though the two-party system of American politics has been in place since the late 18th century, exactly which two parties are contending for control of the government has occasionally shifted. One of the powerful political entities that formed at the beginning of this period, the Federalist Party, built up a large, well-known presence in the early republic, advocating for centralized government and banking, and a positive relationship with the British as the way forward for the burgeoning United States government during the period surrounding the turn of the 19th century. This affinity for the United States-Britain relationship and the accompanying overseas trade practiced by the United States would eventually spell doom for the future of
The Constitution is responsible for establishing and distinguishing the powers of the presidency, Congress, and the court system. It says that each state must acknowledge the laws of other states and that the Constitution is the supreme law of the land. The Constitution is made of seven articles and twenty-seven amendments
In May of 1787, in the city of Philadelphia, the delegates from all of the thirteen states held a meeting in order to make a better union. The end result was the Constitution of the United States. The delegates discussed which form of government would be the best suited for both the security, and the freedom that many had wanted to add to this new government. The delegates had denied both the confederal and the unitary forms of the new government for the new form which is called Federalism. Which was to be described as the constitutional relationship between the United States and the Federal government. Federalism is different from the other two types of government, unlike the unitary form of government, which is ruled by the central government,
Federalism, by definition, is the division of government authority between at least two levels of government. In the United States, authority is divided between the state and national government. “Advocates of a strong federal system believe that the state and local governments do not have the sophistication to deal with the major problems facing the country” (Encarta.com).
How well has federalism worked in the United States? This is all a matter of opinion. Federalism has indeed been an active structure for government that fits in quite well with the changing American society. This particular system of government has been around for over two hundred years, and under all those years the separation of power under American federalism has changed numerous amounts of times in both law and practice. The United States Constitution does allow changes and amendments in the Constitution have assigned miscellaneous roles to the central and state governments than what originally intended. The suitable equilibrium between national and state powers is repeatedly an issue in American Politics.
Federalism is a legal concept that is centered around the concept that law is best handled as a two layered responsibility. Federalism is also built on a belief that sharing power with the local government is key to a successful governance. According to the text book, “the United States was the first nation to adopt federalism as its governing framework” (pg83). The following are a few examples of some advantages, as well as disadvantages of Federalism.