The Power Of Federalism

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Federalism Essay The United States is one of the most varied and unique nations in world. We are a mixture of every possible race, religion, background, and belief. However, the very power which unites us can also divide us. This power is Federalism. Through Federalism, we belong to both the small and more community based state government as well as the large and seemingly distant federal government. Initially, many of the founders hoped that the federal government would only stick to powers explicitly expressed in the constitution but over time many believe it has become necessary to expand the federal government 's powers in order to adapt to changing times and conflicts the founders never could have predicted. Alternately, many believe that…show more content…
It states that Congress has the right to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution." (The Constitution) This clause can cause some very heated discussions as the definition of what qualifies as “necessary and proper” can vary greatly from person to person. It is often brought up in court cases related to whether or not the federal government has power to execute certain laws. One such court case was that of McCulloch v. Maryland. In this case, the state of Maryland was trying to place taxes on a federally created bank. There were two issues at stake. One was whether or not Maryland was even allowed to tax the bank and the court decided that due to national supremacy they were not. The other issue was whether or not the federal government was even allowed to create a federal bank. In the end, it was decided that due to the Necessary and Proper clause the federal government had implied powers not explicitly stated in the Constitution. The Court concluded that the national government had the power to create a bank because they had the right to tax, borrow, and regulate interstate commerce. This decision would greatly impact the power of the national government for generations to come. The Necessary and Proper clause was brought up once again when President Jefferson wanted to…show more content…
The act was intended to end Jim Crow segregation laws present in many hotels, restaurants, and other public places.Typically States have the right to decide the rules pertaining to private businesses such as hotels and restaurants. The Civil Rights Act took away some of this power because it stated that no business could discriminate against someone due to their race. Therefore, states could no longer enforce segregation. In the case of Heart of Atlanta Motel v. the United States, a hotel owner in Georgia argued that since his hotel didn’t directly affect interstate commerce the national government wasn’t allowed to regulate the way he runs it due to his right to run his business the way he pleases. However, the court ruled in favor of the United States pointing to the Commerce clause. They argued that although his hotel is only in Georgia, it still affects interstate commerce as many people from out of state stay there. Therefore, the national government was subject to force him and other private business owners to comply with the Civil Rights Act and expanded the power of the national
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