Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The tenth amendment essay
The tenth amendment essay
The tenth amendment essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The tenth amendment essay
The framers of the Constitution diligently worked to limit the powers of the national government. The Tenth Amendment affirmatively provided all powers not “delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” (Hall & Feldmeier, 2009, p. 139). The framers intent was to well define the extent of the national governments authority. This authority cannot be enlarged with amending the Constitution. As discussed earlier in this course, amending the Constitution is challenging so that the Constitution is not changed on a whim. Theoretically, there is said to be no inherent federal authorities but there is inherent state authority. All authorizes that do not fall under the authority of the people or national government is under the jurisdiction of the states (Hall & Feldmeier, 2009, p. 139). Authority is split among the federal government, states and the people. This is referred to as the triad of authority. The discussion question has asked to establish if Congress should be permitted to regulate the health, welfare and morality of the people? In this case, knowing who has the authority in each case is important. Hall and Feldmeier (2009) demonstrated how to analyze which part of the triad has the authority in certain instances. The first part of analysis is determining if the act can be regulated by any government, which refers to the authority of the people. However, if the authority is specifically designated the next step in the analysis will be to establish if the authority is held by the federal government. If the federal government may regulate the area, the next question to answer would be whether the states can concurre... ... middle of paper ... ...Congress has the ability to regulate welfare based on Article I, Section 8 of the Constitution. Regulation of morality should remain limited. Moral values differ too much between individuals. When a government begins to define what morality will entail the government system begins to move away from democracy. References: Hall, D. E. & Feldmeier, J. P. (2009). Constitutional values : governmental powers and individual freedoms. Upper Saddle River, NJ: Prentice Hall. Messerli, J. (2011). Should the government provide free universal health care for all americans? . Retrieved August 21, 2010, from http://www.balancedpolitics.org/universal_health_care.htm The Constitution of the United States. (2011). Retrieved August 21, 2010 from The U.S. National Archives and Records Administration : http://www.senate.gov/civics/constitution_item/constitution.htm#a1
Levin, M. R. (2013). The liberty amendments: restoring the American republic. New York: Threshold Editions.
Janda, Kenneth. "2 The Constitution." The Challenge of Democracy Government in America. Boston, MA: Houghton Mifflin, 2008. Print.
Feinberg, J. “ The Nature and Value of Rights.” Journal of Value Inquiry 4(1970): 243
The backbone of American politics is derived from the concept of democracy, where the people govern themselves, understanding this concept is vital to the policy making process. The president and congress should have equal jurisdiction in policymaking, Constitutional checks and balances were created by the founders to keep one branch from gaining unequal power over the other. Under very specific circumstances, such as , powers of each branch may be altered. The constitution can be interpreted in many ways and each interpretation has sparked debate over whether the president or congress has more influence over policy making.
October 5, 2013 in Cornell Law. CRS/LII Annotated Constitution of the United States. Cornell University Law School, Inc. 2013. The. Web. The Web.
Kanovitz, J. R. (2010). Constitutional Law (12th ed.). (E. R. Ebben, Ed.) New Providence, NJ, U.S.A.: Matthew Bender & Company, Inc., LexisNexis Gorup.
In my opinion, the relationship between the Federal government and the States is unclear whether which institution has the authority to implement legislations. The vagueness of the American constitution particularly in the 10th Amendment of the Constitution that quote ” The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The ambiguous of the American Constitution may be the main cause of the over power of Federal government.
The U.S. National Archives. (n.d.). National Archives. Retrieved February 10, 2014, from Observing Constitutional Day: http://www.archives.gov/education/lessons/constitution-day/ratification.html
These values are alive and well in the hearts of the American people, who refresh the system every two years with their votes. The Constitution specifically grants Congress its most important power the authority to make laws. A bill, or proposed law, only becomes a law after both the House of Representatives and the Senate have approved it in the same form. The two houses share other powers, many of which are listed in Article 1, Section 8. These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions. (Congress the Peoples Branch?, 2016)The question was asked if the authority to make new laws is a strength, how could it be seen any other way. If the common man, business or state were left to regulate themselves we would no longer be the United States; the out-come would be individual parcels of land being run as if they were separate countries. On option to maintain the strength found in the legislature is to, continue using committees in specialized fields. Each committee is specialized in one or two fields to help to draw up new laws in this field. The Senate has 16, and the House has 22 committees. This may not be enough committees to ensure all important
Discussion surrounding the role of the government in health care has become an American past time. The government is responsible for improving health care quality and safety in the United States which should enhance access to care. Many goals have been sought after since the enactment of the Patient Protection and Affordable Care Act (PPACA). Little achievement has been made in regards to which level of government is ultimately responsible for the continued support of health care. This essay will discuss both the state and federal level of government in health care, along with insight into the current happenings of both levels.
"Article III, Constitution of the United States." History of the Federal Judiciary. N.p., n.d. Web. 3 Mar. 2014. .
More than one-third of Americans who are between the ages of nineteen and twenty-four are uninsured. This is because most insurance is provided through a person’s job, and entry-level jobs which isn 't available for all young students. In addition, healthcare costs are currently rising faster than inflation, which means that salary increases cannot compensate for the higher prices of health care. Government regulation and a universal system could help keep costs affordable. A universal system would guarantee that everyone could receive health care regardless of preexisting conditions. Consequently, more people would be able to seek preventative services, like checkups, to maintain good health and detect problems early. Too frequently, people avoid taking preventative health measures until something is too late because of how expensive it is. While there 's a debate over how the U.S. should pay for a universal healthcare system, a good idea is to study the ways several other countries have successfully implemented such a system. Europe has a system in which all residents pay into a common fund that creates a pool of money and provides benefits to all. We must figure out a way to effectively adopt a universal healthcare system that provides care to all
Constitution of the United States. (n.d.). National Archives and Records Administration. Retrieved February 21, 2014, from http://www.archives.gov/exhibits/charters/
The Constitution of the United States was drafted at a time when our country was in dire need of many answers to political and social questions. In addition to many other things, the drafters of the Constitution were concerned with solidifying our central government and the Constitution was intended to provide a solid structure from which our burgeoning nation could grow. The Constitution gave explicit powers to the federal government and provided the states with the Tenth Amendment which states ,"Powers not delegated to the United States, nor prohibited to the states, are reserved to the states respectively…" Of the enumerated powers given to the federal government by the Constitution, the interpretation of the Commerce Clause as prescribed in Article I, section 8, has caused political and legal controversy known to our nation. In part, Article I, section 8, gives Congress the power to regulate commerce between states, with other nations and with Indian Tribes. Two competing theories about federalism inform the political and legal debates that deal with the Commerce Clause provided to the Congress by the Constitution. Dual Federalism, a political theory that purports states rights, champions the view that federal and state powers, as prescribed by the Constitution, are "mutually exclusive, conflicting, and antagonistic." (Ducat,p.271) This view suggests that the Constitution created dual sovereigns and that both levels of government had their own responsibilities. In order to understand what the legal ramification of dualist theory, one must first understand its interpretations of the Constitution. The dualist approach requires an exact and strict interpretation of the enumerated powers given to the nation...
With the United Nations listing health care as natural born right and the escalating cost of health care America has reached a debatable crisis. Even if you do have insurance it's a finical strain on most families.