Constantly Evolving Principles

First, the Constitution guards us from tyranny by dividing powers between the central and state governments otherwise known as federalism. The Constitution expressly granted broad powers to the federal government, but not to the states. For instance, the Constitution includes the Necessary and Proper Clause, which allows Congress to make any law they deem appropriate to fulfill its duties. Instead of showing how much power that states have, the Constitution stressed what the states couldn 't do. The addition of the Bill of Rights, including the Tenth Amendment, helped to correct some of this imbalance. The Tenth Amendment reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. This meant that the central and state

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Our Tenth Amendment, as it was originally written does not specify or restrict the spectrum of powers which are entitled to the federal government, the state government, and or the people. Since this amendment to the U.S. Constitution does not provide an accurate measure of the powers granted to each group, it is a very open concept and its extent can be given an infinite number of interpretations. The lack of specific distinction between the powers can cause altercations regarding the rights and authority that the state and the national government have over certain issues. To

“The powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” The purpose of the tenth Amendment is to define the division of power between the federal government and state governments.

In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the

Maryland in (1819), Gibbons vs. Ogden (1824), and Supreme Court vs. Comstock (2010) it brings in the topic of enumerated powers. For the Supreme Court each opinion differed, because one was interpreted with a “few and defined” powers that the Congress can exercise, while the majority opinion Congress has the implied power to criminalize any conduct that might interfere with an enumerated power exercise. Enumerated powers as explained before are powers that are just granted to Congress. In the end they did choose to keep the necessary and proper clause due to the fact that it met all the needs concerning our federal

The Tenth Amendment states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states’, are reserved to the states’ respectively, or the people (List of Amendments to the United States Constitution). The Bill of Rights is a clear establishment of the restrictions on Federal authority. James Madison, along with numerous other framers, feared the monarchical powers. The framers fought against the tyrannical rule of the King, setting forth the foundation upon which the colonies designed their government and consequently led to the authoring and ratification of the Constitution. The US Constitution’s purpose can be said to have been to fill in the gaps of all the unenumerated powers of the states. This is where we begin to understand the confusion of two centers of power with sovereign authority. Which one leads the nation by authority? Or as I like to say, “which came first, the chicken or the egg?” The Supremacy Clause was set forth to dispel the issues that confuse us all between the federal law and state law. Article VI of the Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, and the judges in every

Maryland; this was a case that declared that it was unconstitutional for the state government to tax the bank of the United States. James McCulloch had refused to pay the state tax. In his perspective, he believed that the states didn’t have the power to tax the national bank. However, Maryland argued that they had the ability to tax any business within their state. This brought into question if the establishment of the National bank was constitutional in the first place. In this law case, the Supreme Court made the final decisions that Congress has the power to create a national bank, and they also declared that Maryland could not tax the national government. The declaration proposed by the Court helped the federal government gained more

The first constitution, the Articles of Confederation provided a solid base for governing Western territory however it had a lot of weaknesses. For example inability to regulate commerce and force states to pay its taxes and obey laws. No taxes paid meant no money for the government and to pay off debts. The issue of slavery affected poor laborers because more people were inclined to take free labor over workers that had to be paid for. (Doc. 3) In the eyes of some not only viewing slavery in a negative light, moral wise, it also affected people economically and America heavily relied on it for the cultivation of crops necessary for trade. In addition to that, some argued that manufacturing was either essential to making America independent, economically. (Doc. 5) However some argued that in doing so it’s overstepping it’s boundaries on the rights of the people. Working towards something as a whole opposed to working as individuals or just in smaller groups (i.e. per state) didn’t sit well with some, which caused

The first problem is that under the Articles of Confederation Congress did not have enough power. Congress could not raise an army to defend the country, collect taxes from the people, regulate trade between states, or force states to follow laws. Under the Constitution Congress was given more power which included the power levy taxes in Article 1 Section 8.1. The General Welfare Clause granted Congress the power create laws as long as they were for best of the people.

Antifederalist preferred a weaker national government and the Tenth amendment accomplished that, by giving the states reserved powers. What is meant by this is that the powers of the Constitution were not given to the national government was reserved just for the states. To please the powers of the federalist who have a tendency to favor a strong national government, they introduced the Supremacy Clause. The clause was designed to trump states laws if there were any conflict between the two. While passing all these changes they required and 2/3 majority between the 55 delegates. While have equal power between State and Government, I understand the reason between the Antifederalist and the Federalist. Both parties wanted to ensure that neither had the upper hand in political

The first question raised was about whether or not the Congress had the power to create the bank. The answer was yes, because Congress had the power under the Constitution to incorporate a bank under the Article I Section 8 with the Necessary and Proper Clause which in other words means constitutional. Hence, the bank was constitutional. Second question that was raised during the decision-making was about whether or not the State of Maryland had the power of taxing the bank. The bank is a federal institution created by the Federal Government. According to John Marshall, sovereignty is separated between federal and state governments, but when the state is trying to gain control over the national power the state is trying to take over the supreme sovereignty; under any circumstances the national sovereignty should be supreme. Federal Government represents the people of the United States as a whole; meanwhile the state represents only the people of the state. Marshall also noted that the Government of the Union, though limited in its powers, is supreme within its sphere of action, and its laws, when made in pursuance of the Constitution, form the supreme law of the land. Marshall’s words were: “ The power of establishing a corporation is not a distinct sovereign power or end of government, but only the means of

McCulloch refused to pay the tax the state of Maryland put on the Federal Bank. The Supreme Court ruled that Maryland did not have the power to tax the Federal Bank. Due to the Supremacy clause, the Constitution is the supreme law of the land, states can not create laws affecting federal laws. The ruling of the Supreme Court was in favour of the national government and led to expanding federal powers. The Constitution allows the national government to run a bank It doesn't say so directly in it, yet the court said it was an implied power.The outcome of McCulloch v. Maryland provides a more cooperative view of federalism, where the national government has broad implied powers that can prevail over the

The importance of the necessary and proper clause from Article 1, Section 8, of the Constitution, is extremely important because it provides congress with the "power to make all laws "necessary and proper" to carry out its expressed powers" (Ginsberg, et.al., p. 78). This clause paved the way for congress to gain more power not expressly stated in the Constitution (Davis Video Lecture). The case of McCulloch V. Maryland in 1819 introduced the implied powers of congress through the necessary and proper clause (Davis Video Lecture). The issue with the case was whether congress had the "power to charter a national bank", in which Justice John Marshall stated it did because the power was "implied" from enumerated powers of congress (Ginsberg, et.al.,

McCulloch v. Maryland (1819): Maryland attempted to impose tax on Bank of America to destroy it. John Marshall denied the right of Maryland with Hamilton’s doctrine of implied power

Integrity. Honesty. Kindness. Generosity. Morality. Courage. All these words strike a similar chord, but what exactly do they have in common? The common thread is that they are all synonyms for the concept of good. Yet, as society continually and carelessly slaps the label “good” on all sorts of people, places, and things, a complex question remains: what is good? From the eleventh century to the present day, as recorded by Douglas Harper, the definition of good has continued to evolve. Originally, English speakers used the German-derived term in reference to attributes, but it now includes a variety of sub concepts and ideologies (Harper). In this lexical investigation, a connotation of what constitutes good will be explored through analyzing three popular contexts of the term: language, morality, and social ideology.