How Did The Framers Intend To Be Supreme In The Federal System
Did the Framers intend for federal or state governments to be supreme in the federal system? How has the balance of power between state and federal governments shifted? Why have these changes occurred?
During the creation of the United States government, the framers of the Constitution put their trust and devotion into the hands of Federalism. This specific system of government is described by the 21st Century American Government and Politics textbook as, “The allocation of powers and responsibilities among national, state, and local governments and the intergovernmental relations between them.” When deciding whether the Framers intended for federal or state governments to be supreme in the federal system, a divided answer among the Founders surfaces. If one was to present this question to Alexander Hamilton and his fellow Federalists, he would undoubtedly express his support for a strong federal government. Conversely, Thomas Jefferson and the anti-federalists were in favor of state government supremacy in the federal system and even resented the ratification of the Constitution. However, the Framers’ overall intentions for the federal system
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Quite frankly, state governments were designed to be weak. In 1791, the Tenth Amendment declared, “powers not delegated to the United States…nor prohibited by it [the Constitution] to the States, are reserved to the States…or to the people.” The framers of the Constitution granted a few expressed powers to the national government, reserving the remainder of powers to the states. Later on, in addition to the expressed powers of the national government, the “necessary and proper” clause provided an avenue for expansion into the realm of “implied powers.” These implied powers were established by Chief Justice John Marshal as he led the Supreme Court to increase the national government’s power in McCulloch v.
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307 Words | 2 PagesWhy did the Framers of the United States ultimately decide to give more power to the Federal Government rather than the state governments? There were many problems and weaknesses with the Articles of Confederation. Some of the weaknesses was that congress did not have the power to tax, couldn’t regulate trade between the states or foreign countries. They had no National court system, the articles could not be amended without the commitment of all 13 colonies. Despite all the problems and weaknesses of the Articles of Confederation there were some good things about it or “strengths”, like it created the first official government of the United States, and the state had no authority to tax or regulate state-to-state trade.
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1554 Words | 7 PagesSummary: This law review addresses the problem the author, Jordan Gross, refers to as the “Upside Down Mississippi Problem.” Officially, it is referred to as the “Mississippi Problem”, and defined as “the failure of state courts, particularly in the South, to fully protect the rights of economically and racially marginalized defendants, most often poor African Americans” (10). Essentially, due to federalization, standardization and nationalization in the past, there has been a gap created between federal criminal law and state criminal law. This particularly occurs in cases where there is concurrent jurisdiction or, in other words, both the state and federal governments are able to prosecute the criminal case.
How Did The Framers Give More Power To The Federal Government
164 Words | 1 PagesThe framers of the United States constitution decided to give more power to the federal government than the state government, the framers did this because they didn’t want to create a government with tyranny in it, they also did this to create new ideas for the states. The framers did this because they simply didn’t want the government to have complete control over the people, instead the framers wanted to have the people to have a government just not a complete power one. The framers wanted the people to be able to choose what kind of government they had, what kind of leader they had, they wanted to the people to have a choice. Some problems that the articles of confederation had is that that the articles limited the government significantly.
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Alexander Hamilton's Contribution Of The Preamble To The Constitution
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Pros And Cons Of The Articles Of Confederation
733 Words | 3 PagesMany people today believe that the federal government has too much power, but can you imagine living in a time where the national government had too little power? The United States claimed its independence from Great Britain in July, 1776. And so it was up to the now free colonists to create their new nation’s government. In fear of living under another tyrant, the Americans wanted to set up a government that would be equally just to all citizens. The Articles of Confederation became our first national constitution in November, 1777.
Ratification Of The Constitution Dbq Essay
900 Words | 4 PagesFederalists valiantly try to pull the cart to a bright future, while Anti-federalists impede the cart’s progress. The Anti-Federalist is the label that politicians of 1787 coined in order to lump together all folks who opposed ratification of the Constitution. These folks may have opposed the Constitution for different reasons. George Washington was elected the United States’ first president and took the oath of office on April 30, 1789. His vice president was John Adams.
Framers Of The Constitution Dbq
1017 Words | 5 PagesWith the hopes of unifying the sovereign states under one government that would better protect the rights of its citizens and protect the nation, the Framers of the Constitution met up to revise, but inevitably alter the premises of the Articles of Confederation. After much debating and compromising, the Framers set up the Constitution that gave the national government enumerated powers and reserved powers for the states, with some powers being shared among both spheres of government. Federalism is the separation of powers among the different levels in government (i.e., the national and state governments) along with the restrictions placed on each level of government to avoid tyranny. Some citizens, called the Antifederalists, feared the national
How Did The Articles Of Confederation Have A Balance Of Power
530 Words | 3 PagesNoah Stevens Professor James Maggio POS 1041 30 September 2016 Over three-hundred years ago The United States had to quickly make a constitution, and decided upon the Articles of Confederation. The United States started out like an experiment for the World. This experiment was what our Government will become, there was not a defined path on what our future will behold. The path to present day for The United States was a rough one, but the experiment turned out to be a success in the end.
American Citizens Dbq
74 Words | 1 PagesNot long after the ratification of the U.S. Constitution, the American citizens began to disagree about how the United States should operate. They were conflicted about how much power the federal government should possess, as stated in Chapter 10 of History in the Making, which says that “at heart, Federalists and Republicans disagreed about how much power to vest in the central government or, conversely, about how capable the people were in governing
Checks And Balances Of The Founding Fathers In The United States
1174 Words | 5 PagesWithin the guidelines of Federalism, there are many things that allow for the states to be independent and to make their own decisions. This became a disadvantage when certain states began to out do the other ones. For instance say that one state made the legal driving age 18 and another 14 this could prove to be a serious issue as there is no stability in this. Also another example that was seen in history before the constitution came to be is that certain states would have trade monopolies with other countries leaving the interior states at the mercy of the coastal and bordering states. Florida did this with spain in the grace period between the revolutionary war and the ramification of the
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467 Words | 2 PagesOne thing that the federalist were for was a strong federal
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209 Words | 1 PagesSince the early days of the Republic, the isolation of power between both the state and federal governments has altered. The isolation of power between both governments has altered on the grounds that Washington has more capability and and the state governments have lost their capability. However, the states are still important up to this very day. The states elect senators and representative, in addition to that, they request and use money from federal taxes, and etc.. Fiscal federalism has decreased local control over local governmental assistance. The states commenced to obtain the first federal grants prior to the Constitution 's adoption, in the establishment of land grants founded by the national government to the states, thereby, to
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