Delicate Relationship Analysis

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

James Madison quotes, “The accumulation of all powers, legislative, executive and judiciary in the same hands whether of one, a few or many...may be justly pronounced the very definition of tyranny.” James Madison is saying absolute power corrupts absolutely. Accordingly, to obtain liberty the “three great departments of power should be separate and distinct.” Our bicameral Legislature makes laws, Congress consists of a Senate and a House of Representatives. “The executive power shall be vested in a President”, the President carries out the laws while in office during the term of four years. Consequently, the Judicial power evaluates laws and is “invested in one Supreme Court”. The separation of powers guards the community against tyranny because each branch holds each other

“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

The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to "provide for the common defense". Separation of powers prevents one branch from becoming excessively dominant over the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.: In order to accede to the preamble and adhere in its goals, the Constitution ensures this is by clearly stating the

Over 200 years ago the United States’ Founding Fathers created a unique system of government that allowed a balance to exist between both the federal government and the separate state governments. Through the three branches of government, specifically the executive and legislative branches, the United States has been able to act as a unified body with several varying individual parts. With the executive branch and the legislative branch each having outlined powers of their own the Founders were able to equally balance the power of the national government and the state governments. Although this system has managed to stay in tact for two centuries and has allowed the United States of America to become a dominate player in international affairs, there has consistently been a battle of power between the president in the executive branch and the two houses of congress in the legislative branch. As the United States continues to evolve and face multiple obstacles, so does the relationship between these two branches.

One of the most important principles incorporated in the U.S. Constitution is separation of powers. The U.S. Constitution divided the central government into three branches and created a system of checks and balances as a way to prevent the concentration of power. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” In order to be sure that the main

Unlike in a parliamentary system, in the United States, the federal government is divided into the separate branches of legislative, executive, and judicial. These separate bodies each have their owned defined authorities and responsibilities. According to Document B, James Madison, in federalist paper #47, explains that "the accumulation of...legislative, executive, and judiciary (powers) in the...hands...of...a few, (is) the very definition of tyranny.” He then states that “liberty requires that all three great departments of power should be separate and distinct.” This separation of powers protects against tyranny because it ensures that the federal government is not overrun with corruption and

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

Separation of powers mean that powers of the governments are separated among the tree branches. Legislative branch, the congress, has the power to make the laws. According to the document B, the excerpts from the Constitution, states “All legislative powers… shall consist of a Senate and House of Representative.” If the legislative branch make the laws, who enforces them? The executive branch carry out or enforce the laws. “... shall be vested in a President of the United States.” is read in the document B, excerpts from the Constitution, Article 2, Section 1, Clause 1. Document B has also stated that “The Judicial power of the United States shall be invested in one Supreme Court,” The judicial branch has the power to judge or interpret the laws. These separated powers protect against tyranny, because it make sures that no one branch has more power than the other. In James Madison’s Federalist Paper, #47, 1788, reads “(L)iberty requires that the three great departments of power should be separated and

When the Constitution was written, the people had fresh Britain tyranny in mind and consequently took to establishing the tenth amendment which worked to limit the role of the federal government in state relations stating that all power not given to the federal government by the constitution would automatically go to the states. However decades later, when The Great Depression seemingly devastated Americans nationwide, the tenth amendment was pushed aside to allow for the federal government to play an overseeing role in efforts to extirpate exorbitantly hard times. The federal government now micromanages many functions which were formerly overseen by individual states some of which include education, healthcare, commerce and national resource

The concept of a strong central government is unreasonable as a result of the corruption of men. An all-powerful congress has say over good and evil, and as a result the potential to do evil. So, unlisted powers should be acted upon by the tenth amendment and be given to the states, rather than furthering the idea of an unlimited government. By allowing implied powers to be taken into account, a gray area is created between the powers of the states and the powers of the federal government, seeing certain assumed powers are taken from the states, despite not being listed in the

In the USA and in each of the fifty states, the most basic fundamental is a constitution, which is a relatively simple document and is the self-designated supreme law of the land. As the supreme law of the land, Constitutional Law texts are generally divided into two parts. The first part is about the allocation of powers. This entails two basic principles of American Constitution:separation of powers and division of powers. The former one discusses the interaction among the three constituent elements of national goverment, while the latter one refers to the extent of power possessing by the federal goverment and specification of states' power. Both of the two principles function under one

A common characteristic that contributes to the practices of democracy is the concept of checks and balances. James Madison, the fourth president quoted "the accumulation of all powers, legislative, executive, and judiciary, in the same hands...may justly be pronounced the very definition of tyranny." These checks and balances are primarily used to assure that the government or no branches or offices of the government hold to much power. The term “separation of powers” is somewhat inaccurate in terms of the powers are not actually be divided but they are ideally shared. The founding fathers of this country believed that unrestrained power is dangerous, and is a good thing the president and court check each other along with the state and federal governments. For example, the Congress is in charge of making the laws and other legislature authority but the president can veto that bill. In return, the president is also limited because the congress can then override the veto by 2/3 of the majority. The