Insinna Module Two paper

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Southern New Hampshire University *

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330

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Political Science

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Dec 6, 2023

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docx

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Andrea Insinna Professor Desjardin PAD 330 5 July 2023 Federalism and the Constitution Federalism was created to protect personal liberty through balance in a national government with defined yet limited powers. This system of federalism was introduced so that no one person or branch of government has power over the other. Stating from the Preamble, the first words to the United States Constitution, “We the People of the United States, in Order to form a more perfect Union…” establishes the basis of Federalism (Constitution Center, 1787). Continuing the Preamble, “establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity…” delivers the Constitution framers’ intentions to accomplish these specific goals in a national government. The Preamble does not grant power to either federal or state governments, nor does it limit governmental action. Federalism in the United States by the Constitution has the power to regulate trade between states, manage mail, declare war, and print money (SPN, 2021). State governments run their own schools, roads, police departments, and elections. The U.S. national government is broken up into three branches: executive, legislative, and judicial. Powers are specifically given to the branches to carry out different tasks. Delegated powers are specified in Article 1, Section 8 as paying debts, coining money, establishing roads and post offices, declaring war, and supporting armies (Study Smarter, n.d.). Concurrent powers are shared powers between the federal and state governments including passing laws, taxing, spending money, and establishing courts. Every other power that is not used by the federal government is referred to as Reserved powers for the states. Amendment 10 from the Bill of Rights states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states

Andrea Insinna Professor Desjardin PAD 330 5 July 2023 respectively, or to the people” (UTA, n.d.). These reserved powers are significant so that states can adopt their own constitutions and laws within the U.S. Constitution’s rubric. Implied powers are possessed by Congress that are not explicitly stated in the Constitution. Some examples include the creation of the IRS, a national minimum wage, and regulating sales/possession of firearms. There are different interpretations of these implied powers since it is debated how Congress can pass laws the Constitution does not give it power to pass. Congress has drafted a clause so-called “Necessary and Proper Clause” granting them the power 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…” (Longley, 2022). Woodrow Wilson, the father of public administration, believed that implied powers and divided authority within government were threats to his goals of efficiency and progress as president. He argued that administrative questions are more important to government function than constitutional, and that constitutional democracy must be improved by administrative theory (Ballotpedia, 2017). Wilson believed public administration is detailed and executes public law with no misconceptions or controversy.

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