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Chief Justice John Marshall: The Balance Of Power In The United States

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The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation. …show more content…

The founding father's purpose for the Senate was to maintain the balance of power between the Federal and State governments. A third example that expanded federal power happened when the Bill of Rights was incorporated into the 14th Amendment. These extended protections enshrined under the Bill of Rights onto states, preventing any legislation being enacted by the states which would interfere with these ‘fundamental’ protections. The most recent example of this incorporation can be seen in McDonald v Chicago in 2010. The Supreme Court ruled that the Second Amendment to the Constitution, which guarantees “the right of the people to keep and bear Arms,” applies to state and local governments as well as to the federal government. In my opinion, the change in balance in favor of the federal government is positive. The Constitution was written in a time where most people didn’t travel as we do today and they will mostly settle in one state for their entire lives. Today, people lives and moves over all 50 states and having each state acting like a separate nation, completely different than the rest regarding laws, would not be

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