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How Did The Framers Intend To Be Supreme In The Federal System

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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 …show more content…

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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Why 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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Summary: 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.

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Lectures Lecture 14 “Questions to Consider #1”: Why did the Anti Federalists object so strongly to the Preamble to the Constitution? The Anti-Federalists objected so strongly to Preamble to the Constitution due to the fact the Preamble establishes powers for the three branches of government, states’ relations, mode of amendment, debts, national supremacy, oath of office, and amendment ratification. This group felts as though when the federalists wanting to create a strong central government would not be strong enough if the Preamble was not put into place. Lecture 14 states, “Anti-federalists suspicious of central power fought the new Constitution tenaciously…..

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Federalists 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.

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The discussion of federalism and how power should be separated among state and of the nation government was a key question under discussion during the of general laws of government Convention 1 of 1787 that was got answer to by the Great middle way, but the discussion would last on throughout the most near years after the of general laws of government Convention 1 as people fought to have the of the nation government either stronger or feebler. Back in 1787, the leaders of the american group united by agreement were uncertain how to make a new government heading into the of general laws of government Convention 1. People were unhappy with a too powerful of the nation government, as the people have to amount with a man who have taken power by

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With 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

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Noah 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.

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Not 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

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The state and federal governments are not competing for power, but designed to effectively work together in protecting the common good. The state governments are responsible for internal affairs, and the federal for external affairs. They have the mutual authority to check the power of the other, through the power of the people. This will especially protect the state governments from usurpations of power by the federal government. The division of the federal government into three distinct branches, each with the authority to effectively check the power of the others will also ensure the best protection of individual liberty.

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Within 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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The thought was that the power should be with the citizens to vote and to back that up with a strong central government that would be able to handle the tasks and problems that would come up. Madison said that a federal system was important so that when it was needed, the government would have the power that they need to ensure that the United States would continue to thrive for years to come. Also, with the federal system, everybody is united under one which promotes prosperity in the times of tragedies. When the federalists were arguing their reasons, one of their main points was “These constitutions are distinctive in being not simply compacts between rulers and rulers but involving the people, the general government, and the states constituting the federal union.”

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This country was founded with the attempt to separate the federal government and the state government, known as federalism. The goal of federalism is to divide the power of state and federal governments, protect the rights of the state, and prevent tyranny of the majority. Throughout the years, federalism turned into dual federalism where the state and federal government were completely independent of each other and only shared a dependency on the Constitution. The united states suppressing now to cooperative federalism, the national government has assumed even more power, overruling the states with Supreme Court decisions and actions, and executive Orders. Furthermore, the Federal government should grant their state governments more power, due to the connection the state governments hold with their local people.

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-There is an argument that the Federal system was recommended to the framers of the Constitution and is still used today. The Federal system unites the states under one nation without diminishing their separate administrations, state legislatures, and local patriotisms. What is good for one group of people or a political body is not necessarily good for another. -The Federal system creates a large, new country.

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James Madison wrote Federalist 51 over 200 years ago, yet its words still impact today’s government in 2016. When writing Federalist 51, Madison had two main objectives in mind; he wanted a government with a separation of powers, and he also wanted minorities to be protected. Both of his objectives have been accomplished and continue to be present in today’s American government with the latter objective being more present in today’s government even more so than in the past. To begin with, power is separated in today’s government, preventing a single person or group from having absolute power since, “Power tends to corrupt, and absolute power corrupts absolutely,” according to John Dalberg-Acton. The American government is composed of three branches which power is separated amongst.

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Since 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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