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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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It was determined that “the Congress of the United States is granted for certain implied powers by the Constitution that are implemented in order to ensure for the proper function of the Federal Government. "3In relevance to the states, it was determined that “States cannot impose on the powers granted by the Constitution to the Federal Government by any action. "3 In the case of McCulloch vs Maryland,this included the act of imposing a state bank tax on a national bank. Federalism This case tells us that the relationship between federal and state government is limited.

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Citation:    Heart of Atlanta Motel, Inc. v. United States   Facts:        More people including black americans were starting to travel very recently but lodging for black americans was nonexistent or very limited which subdued and detoured black americans from traveling. Title II of the Civil Rights Act of 1964 declared it to be illegal for racial discrimination by places of public accommodation if their operations affect commerce.  Heart of Atlanta Motel saw a great volume of its customer base to be out of state guest but refused to serve black americans traveling or serve black americans in any form.   The motel believed congress overreached their power of authority and that it was unconstitutional increase of power by Congress to regulate

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Ernie Law Zink 3° US History 15 September 2016 DBQ Essay When the delegates met in 1787 they aimed to fix the national government. The previous governmental charter, the Articles of Confederation, failed because it was just too weak and wasn’t getting the job done. Under the Articles of Confederation, there was no court system, no chief executive, and there was no particular way for the central government to force states to pay their taxes. By creating the Constitution, it would build a stronger central government and would be able to hold the nation together.

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McCulloch v. Maryland In 1791 Congress chartered a bank in order to gain assistance for the government in financial situations. According to Thomas Jefferson this action was unconstitutional. Hamilton said that Congress can and will do all that is necessary and proper and that the use of a “bank is necessary and proper in order to collect taxes, further the nation’s welfare, conduct war, and so on.”

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The Supreme Court case, Heart of Atlanta Motel v United States, is a lesser known court case among Americans, although it holds vital significance. This case was during the Civil Rights Era where African Americans were trying to obtain rights through boycotts and protests. Civil Rights is the protection of individuals from organizations and private individuals, including businesses. This where Heart of Atlanta Motel v United States plays a role with civil rights. In this case a private hotel was discriminating against African Americans.

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Heart of Atlanta Motel, Inc. v. United Sates: Why was this case so important? The Heart of Atlanta Motel, Inc. v. United States was one of the most crucial and intriguing cases brought to Congress in the United States. The Heart of Atlanta was relentlessly inhumane by refusing and discriminating black people from allowing them to rent in their rooms despite the existing law: the Civil Right Act of 1964, which finally stopped racial discrimination and made it illegal for public accommodations such as hotels, motels, and other public rental rooms from segregating their guests based on their color or race. The Civil Rights Act was not only addressing race and color, but also included gender, religion, and the person’s national origin.

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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.

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Maryland passed this law to tax the federal bank. McCulloch, the President of the bank refused to pay the tax. The State of Maryland sued McCulloch, and the Supreme Court accepted the case. In the opinion written by Chief Justice Marshall, the Court ruled that the Bank of the United States was constitutional and that the Maryland tax was not. The Supreme Court said that the Bank of the United States has every right due to the Necessary and Proper Clause of Article I, Section 8 which stated that Congress can pass laws that they consider “necessary and proper”.

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First of all, Federalism in the constitution helps guard against tyranny. “The different governments will

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Since then many political conflicts were marked by the nature of American federalism. Federalism is the idea that the power is divided between the national government and state government. It has impacted and shaped American’s government and constantly evolve over time. There are three forms of American federalism in the construction of the United States Constitution: dual federalism, functional federalism, and new federalism.

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They can stretch and interpret the need for laws. Also known as the Necessary and Proper Clause, it’s located in article 1, section 8, and clause 18. “Loose Constructionists interpret the Necessary and Proper Clause as expanding the authority of Congress to all areas tangentially related to one of its enumerated powers.” By “expanding the authority” and “all areas tangentially” the writer means that Congress has the power to stretch the meaning of the Constitution. Congress has the power to reach into any area of law that is slightly “related to one of its enumerated powers”.

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The Supreme Court case McCulloch v Maryland originally originated in Maryland when the Maryland legislature decided to levy a tax on all branches of the banks. It was aimed to destroy the Baltimore branch of the Bank of the United States. James McCulloch was a cashier at the Baltimore branch. He was issuing bank notes without complying with the Maryland law. Maryland had sued McCulloch for refusing to pay the taxes under the Maryland statute.

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Another issue was with the owner of Ollie’s Barbe­cue, in Birmingham, Alabama, Discuss the Supreme Court cases that address this topic, such as Heart of Atlanta Motel v. United States, Katzenbach v. McClung, and others. These court case rulings marked a way we think about civil rights enforcement under our Constitution. Title II goes to show that any racial discrimination, even private racial discrimination, affects interstate commerce. Many parts of the US Constition are involved within the commernce clause and the civil rights act. To start, the 13th, 14th and 15th amendments where all ratified after the civil war, which gave the congress the powers to enfore civil rights.

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Not only is there a federal government, but there are also state and local governments. Furthermore, there are forms of government that function on a higher basis than local governments, but on a lower basis than state governments. Although the federal government has overall control on how the country functions, the other forms of government have a considerable impact on the laws of each area. All states have varying laws that lie along the same lines. For instance, the age to get a Driver’s license is not the same from state to state, but they are around the same age.

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Federalism Federalism is a system of government in which power is divided between federal government, state government and provinces government. While federalism has many benefits, among them is checks and balances between the federal and state government, thus reducing the chances of one party getting too powerful and abusing their power. Preventing one party from being too powerful and abusing their powers is a good thing. However, it comes with a price that federal and provinces (state and local) governments do not always see eye to eye and agree with each other, which turns into conflict.

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