There have been many controversies over the Tenth Amendment for quite some time. The amendment was designed to divide and limit the powers of the national and states’ government. It protects the states and its’ people from the national government becoming too powerful. However, the question that has been asked repeatedly and holds the most concern is, has the national government overstepped its power? The Tenth Amendment should be modified in favor of the states. Over the years the federal government has taken over many of the rights that belong to the states. For instance, the national government has taken over the education systems within the states. Elementary, middle, and high schools should be controlled by the local governments within its state. The authority of education within the state is given to the state government. Although the national government wants students nationwide to receive the same education, they lack much needed skills for a student. The disagreements on education should be handled between the county and state governments. Not the national government. Controlling the education rights the state governments have is one example of …show more content…
Healthcare is more of an option given to the people. It is not considered a right to the people. It is offered as an option. The federal government should not demand the purchase of healthcare. Abortion is also a policy that should be given to the state to enact in its own way. The states are supportive of abortion rights. However, they should also have the right to grant the requirements for an abortion to take place. Assisted suicide should also be given to the states to decide. It should be a power given to the states to either approve or disapprove of Assisted suicide. Not all states may agree with it. However, assisted suicide is found as a choice to the people. It now depends on whether the state approves and offers
7th Amendment to the Constitution The 7th amendment to the constitution of the United States was formulated and then ratified as a part of the famous Bill of Rights. This specific Amendment defines a citizen’s right to trial by a jury and in the Bill of Rights, it is mentioned quite frequently. It was fundamentally designed to prevent the establishment of dictatorial courts of justice, where the judges’ decisions were subjected to the control and whims of the government. Just as the first ten amendments to the constitution of the United States, the seventh amendment also plays a prominent role in the American legal and political theory.
When the new constitution was put into effect in 1789, the federal government was actually given power and had more of a say in society. The constitution gave the federal government powers, and limited that states’ powers. There are two amendments in the constitution that explains what the federal and state governments have the right to do. The tenth and the fourteenth amendment lay down the line for what the states can do and not do. Even though the federal government tells them what to do through the constitution, they give them rights as well.
Some people think that the convention messed up the federal aspect of the government by taking away too much power from the states. This essay concerned the
This type of system can sometimes cause confusion on who has the authority to make decisions at local and state levels. Amendment Ten to the Constitution was established to address this issue; basically, the amendment states that unless otherwise delegated by the Constitution, to the United States, that the power lies with the states or the people. Amendment Ten’s incorporation into the Bill of Rights is vital for the preservation of liberty and also key to diffusing the realm of government rule. According to the text, “By the People”, during the Obama administration, “progressive federalism” was introduced and there was a mix of the “Democratic approach (national goals) and Republican values (state innovation)” (95). Additionally, the text, “By the People”, states that “The Constitution’s authority rests, not on the states, but on we the people” (65).
Eric Foner stated that the arching principles of the 14th Amendment are all people are entitled to "equal protection of the laws", state and federal citizenship for all, irrespective of race and origin, ensured "privileges and immunities” and the concept of the "due process of the law" (572). Through these principles, the 14th Amendment revolutionized the dynamics of freedom in the United States. Prior to the passage of the Amendment, former slaves were still not only considered to be lesser citizens by their former masters, but were also treated in a manner that reaffirmed this perspective (Foner 570). This mentality was rife among White Southerners, which is unsurprising considering that slavery is an institutionalized system that supported the South’s agrarian society and economy. The mindsets of White Northerners were markedly different to that of their Southern countrymen, largely because of the North’s inclination towards industrialization and globalization (Foner 561).
Although some Supreme Court cases have helped to explicitly establish some powers of the national government, there are many spheres where states make decisions on their own and some aspects in which the national and federal government coincide. The “picket fence” refers to the overlap of national and states’ rights and how they work collectively on these issues. Even though the national government is a powerful entity, it is still kept in check by the states and by its various branches. Rather than having very outlined restrictions, the states and national government work together for the bettering of the nation. Also, the national government has allowed states to keep autonomy with block grants, which allow them to choose how to spend their funds to better assist their citizens.
The vast power of the federal government has been on the rise, crippling the state’s authority. In the early 1800’s there have been cases where the Supreme Court has ruled, for the most part, in the federal government’s benefit. With the Legislative and Judicial Branches making up 2/3 of the federal government’s power, many could speculate the two powers are working to strengthen the federal government. However, the ruling was based off of Necessary and Proper Clause, where it is said that Congress (Legislative Branch) has the authority “to find the great powers, to lay and collect taxes; to borrow money; to regulate commerce; and to declare and conduct a war.” When the states interfere it causes the Judicial Branch to step in and decide what
This poll also found that 56 percent of Americans believe that physician assisted suicide is a morally acceptable act regardless of its legality, and only 37 percent believe it is morally wrong. Additionally, 62 percent of adults agree that a person has a moral right to suicide” (Ralph A Capone). Other states including Oregon, that have passed death-with-dignity laws include Vermont, California, Colorado and Washington. There is a death with dignity bill that is slated to go before the Maine Legislature in support of physician assisted suicide.
In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.
In the case of Roe v. Wade, the Supreme Court ruled that multiple U.S. amendments give Americans the right to privacy. Although the case ruled abortion a right for women, many states still implement rules and regulations that make a professionally administered abortion very hard, if not nearly impossible to obtain (Abortion). I believe that abortion should be legalized and made readily available all over the world. The easy availability of professional abortions reduces the rate of maternal death (Abortion).
The Bill of Rights 6th Amendment In the United States there are rights that have been established, and has been there in place for a long time now. There are some people that break the laws and commit crimes, these individuals will end up being arrested and will eventually have their case heard before a Judge. In fact, these individuals are called the accused. There are presumed innocent until proven guilty, in the United States Governments.
The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.
(“Point: Assisted”) Between 1997 and 2002, the state of Oregon was on board for the Right to Die movement and legalized assisted suicide. Upon Oregon’s legalization many other states, such as Arizona, Hawaii and Vermont, attempted to pass similar laws, but were denied. (“Point: Assisted”) Oregon, Washington, and Vermont are the only three states that allow the “mentally incompetent and terminally ill” to die upon request.
Patients have the right to the kind of treatment they want. 3) Conclusion a) Physician assisted suicide can help treat the terminally ill how they would like to be treated. b) The long history of assisted suicide speaks for itself in the matter of if it should be legal or
In the defense of Physician Assisted Suicide, a wide publicly talked about topic, it should be a choice every terminally ill patient receives. Physician Assisted suicide is when a patient is terminally ill and has no chances of recovering. The patient themselves can make the decision, with the help from their physician, to get lethally injected and end their life reducing and ending the pain. In America each state has a little over 3,000 patients that are terminally ill contact an advocacy group known as the Compassion and Choices to try to reduce end-of- life suffering and perhaps hasten their death. Physician Assisted Suicide shouldn’t be looked at as suicide, but as ending the pain and suffering from an individual whose life is going to be taken away anyway.