Federalism Supreme Court of the United States and Power...

Federalism has played a large role in our government since the time that the Constitution was ratified. It originally gave the majority of the power to the states. As time went on, the national government gained more and more power. It used the necessary and proper clause of the Constitution to validate its acts, and the Supreme Court made decisions that strengthened the national government creating a more unified United States. Finally, the recent course of federalism has been to give powers back to the states. Federalism was needed in the Constitution to make sure that the national government did not gain too much power. After the revolution, many people feared a monarchy or any form of government in which the central ruling body had†¦show more content†¦In the decision regarding Gibbons v. Ogden, Marshall ruled that a state cant grant a monopoly when it is related to interstate commerce. This gave supremacy to the national government in issues regarding interstate commerce. Through his interpretation of Article I, Section 8 of the Constitution, John Marshall successfully increased the power of the national government. The 13th, 14th, and 15th Amendments to the Constitution were also sources of power for the national government when it came to its jurisdiction over the states. By passing laws against slavery and allowing equal protection under the law, the national government gave itself the power to enforce those laws and therefore enhanced authority over the states. The 13th Amendment abolished slavery and in section 2 stated that Congress shall have the power to enforce this article by appropriate legislation. By adding section 2 to the amendment, Congress was simply ensuring their supremacy over the state governments. Among other things, the 14th Amendment guarantees equal protection under the law to all citizens. Since all citizens are guaranteed protection, it is left up to the national government to make sure all citizens are receiving these rights. Even though many thought that the 14th Amendment meant that the Bill of Rights wasShow MoreRelatedFederalism Essay1668 Words   |  7 PagesFed eralism Federalism is a system of government that divides power between a national government and a regional government with the use of a constitution. Throughout the United States history, federalism has played a significant role in the constitution and the system of government adopted by the United States of America. Federalism has also changed throughout the course of Americas history to fit the constitution and the government. Montesquieu was a French philosopher who was very importantRead MoreFederalism Vs. Judicial Review899 Words   |  4 PagesWhen one thinks of individual rights, federalism is not one of the first thoughts that come to mind. In fact federalism played a huge role in the start of individual rights. Along with federalism, judicial review was one of the initial startups of individual rights with Supreme Court cases that will be later mentioned. Federalism and judicial review paved the way for the start up and stability of individual rights. Before the analysis of how federalism and judicial review plays a part in individualRead MoreThe Two Eras that Made the Supreme Court the most Influential1293 Words   |  6 Pages The Marshall Court and the Rehnquist Court are the two eras that made the Supreme Court the most influential. The Marshall Court in 1801 to 1835 helped create the foundation for the United States constitutional law, which contributing to making the Supreme Court of the United States a coequal branch of government. The Rehnquist Court in 1986 to 2005 favored a concept of federalism that played a vital role on the Tenth Amendment’s reservation of powers to the states. Under Rehnquist point of viewRead More Federalism Essay example1689 Words   |  7 Pages Federalism has played a large role in our government since the time that the Constitution was ratified. It originally gave the majority of the power to the states. As time went on, the national government gained more and more power. It used the quot;necessary and properquot; clause of the Constitution to validate its acts, and the Supreme Court made decisions that strengthened the national government creating a more unified U nited States. Finally, the recent course of federalism has been to giveRead MoreAmeric A Nation Under Federalism Essay1653 Words   |  7 PagesAmerica: A Nation Under Federalism Throughout the history of this nation, the Constitution, from the formation to the execution thereof, has set forth the precedent for the demonstration of excessive federal power that is clearly illustrated by history and modern America. Sufficient documentation to back up this premise includes primary documents such as James Madison’s Federalist No. 10, the Constitution of the United States, and other historical pieces. Ample consideration should be given to theRead MoreAnalysis Of The Article Keeping The Republic Essay1626 Words   |  7 PagesFederalism is a word that seems to be thrown around very often to describe our government, but does one know what federalism really mean? According to Christine Barbour, and Gerald C. Wright’s book, Keeping The Republic, federalism is defined as a â€Å"political system in which authority is divided between different levels of government† (Barbour and Wright 75). In America, this division would be between the national and state level. Now, how is federalism applied in the American law? It is not seenRead More Federalism From Its Beginning To The Present Essay643 Words   |  3 PagesConstitution to its state today. The United States system of federalism has changed greatly through landmark court decisions, congressional decisions, and strong presidential influence. The next few paragraphs will go through the history of federalism in the United States. The Federal System began when the Framers wrote the Constitution. The Constitution set up the basic outline of the federal system. This system divided the powers between the national government and the state governments. Also, itRead MoreThe Federal Vs. State1058 Words   |  5 PagesFederal v. State There has always been a huge political debate on what powers the federal government and what powers the state government should hold. Do you feel like dual federalism gives the states too much power? Do you feel like cooperative federalism was bad because there was no distinction between the federal government and the state government? Do you think that categorical grants are better than block grants because the money has a more specific purpose? From 1789 to 1937, most fundamentalRead MorePolitics And Action : Aiding Disaster Victims1601 Words   |  7 Pagesand smaller state governments over forming a Louisiana National Guard. †¢ Overall, this caused a huge uproar since the people all over America were forced to watch the state of Louisiana while the federal government just sat and waited. †¢ This is important because it brings up the idea of what responsibilities should the federal government be obliged to versus the state government. o In order to delve into this topic, it is important to understand the American philosophy of federalism. o The relationshipRead MoreFederal Power Vs. Federal Government1206 Words   |  5 PagesIngersoll once said. The United States was born out of a fight for liberty, and Americans continue to fight for those very rights today. Part of this fight is the constant power struggle between the States and Federal Government. Federal power evolved throughout history and has acquired many different shapes. Ultimately, the goal is to properly distribute powers between the Government and the States (Dautrich Yalof, 2013). The Constitution elucidates who holds what powers to balance their distribution