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Federalism Essay

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Federalism

The Constitution of the United States was drafted at a time when our country was in dire need of many answers to political and social questions. In addition to many other things, the drafters of the Constitution were concerned with solidifying our central government and the Constitution was intended to provide a solid structure from which our burgeoning nation could grow. The Constitution gave explicit powers to the federal government and provided the states with the Tenth Amendment which states ,"Powers not delegated to the United States, nor prohibited to the states, are reserved to the states respectively…" Of the enumerated powers given to the federal government by the Constitution, the interpretation of the …show more content…

Dual Federalism also relies on the notion that in a court of law, the Tenth Amendment gives the states enough support to declare unconstitutional any act of the national government that infringes on the reserved powers given to the states. Cooperative Federalism provides an entirely different view of the relationship between the federal and state governments. Federal supremacy is the hallmark of this ideology. Supporters of the cooperative federalist view prefer to employ a broad interpretation of the Constitution. The legal basis on which cooperative federalism has been argued is threefold: (1) Enumerated powers (e.g. Commerce Clause) should be interpreted in light of an expansive Necessary and Proper Clause (2) The Supremacy Clause, as prescribed in Article 6, paragraph 2, gives federal actions supremacy over state laws when made in pursuance of the Constitution and when they are made using implied and enumerated powers (3) The Tenth Amendment does not give states the power to contest federal laws. To suggest that that these two ideologies are contradictory is an understatement. To understand which theory best identifies with the correct interpretation of the Constitution, it is necessary to understand the circumstances that created the necessity for a Constitution and the political circumstances that motivated decisions contrary to the correct interpretation of the Constitution. The

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