The Legal Validity Of The Federal Government

The Federalist believed that there should be a strong central government . The Anti-Federalist believed in less power in government and more in the people and to have our rights guaranteed. Based on the Bill of Rights and the way it was interpreted the Anti-Federalists were right.

When problems arise in our nation, we are left with a complicated crisis as to whose job it is to do what and who exactly should be taking care of any bad situation that seems to pop up with daily life anywhere in the world, but in this case, America. Certain governmental systems, such as Federalism, can be considered a solution to these crises. Federalism can be defined as the relationship between the individual state governments of America and the national or federal government of the United States; and works to balance the power of a large central government, and the power of the smaller regional governments.

States have always been sensitive about the amount of power they have; the federal government has always had to step carefully around the demands of the states. This has been true since the beginning of the United States. But both believe that they should have the most power when it comes to certain things. Individual states have different values and as such tend to implement different laws about certain topics; such states want their state laws to reflect these individual values instead of a blanket law from the federal government. States should have less power compared to the federal government when implementing laws dealing with topics such as the legalization of marijuana, gay marriage, and abortion.

When our founding fathers came together to construct a Constitution that would establish a government that could serve the people, they outlined their overall goals of this Constitution within the Preamble. The first task listed in this famous preliminary statement is to “establish Justice.” The position of this objective within the Constitution demonstrates just how significant Justice is to a government. Justice is a principle that demands equality for all in their opportunity, rights, and in a court of law. A just government would ensure minority rights and limit its power so that it cannot become too powerful. However, our Constitution does not do these things to the extent that it could be considered just. The original document denied a minority group equality by directly supporting slavery, allowed congress nearly unlimited power through the necessary and proper clause, and contains the Supreme Court, an institution that goes against the spirit of democracy. Therefore, the Constitution did not establish a just government.

Recently, the federal government has crossed the line in regards to its actual power. In passing the Patient Protection and Affordable Care Act, the federal government is essentially ignoring many vital sections of the Constitution that help keep it in check. These fundamental restrictions help prevent an abusive and tyrannical government. The fact that this law still remains in place today shows that these constitutional restrictions on the federal government no longer apply, and that the federal government essentially has unlimited power. This act is unconstitutional due to its violation of the Commerce Clause, the Tenth Amendment, and the Origination Clause.

Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people, ensuring that one does not become too powerful and aids in the separation of powers. Liberty is a state of freedom within a society from oppressive restrictions imposed by authority on one 's way of life, behavior, or political views. Although these two political science terms are different, they correlate and interact with one another in the American Government and are still relevant to contemporary policy issues faced today. James Madison 's The Federalist No. 47 doctrine exemplifies this: "In order to form correct ideas on this important subject, it will be proper to investigate the sense in which the preservation of liberty requires that the three great departments of power should be separate and distinct."

The Federalist argument is one that is defined by a strong central government. Some federalists included Alexander Hamilton, James Madison, and John Jay. These people were also the authors of the famous “Federalist Papers”, they wrote under the name “Publius”. These essays explored different aspects of federalist ideas about government. Some of their most famous works were Federalist Papers #51 and #10. In these, Hamilton explored the nature of man from their natural “ambitions” to the formation of “factions” (Federalist Paper #51, #10). These two papers focused on suggesting a means of controlling these things, including checks and balances and political parties. These papers were created very much in the line of federalist thinking. Federalist

According to United State Department of Justice, the plaintiffs in Babbitt v. Sweet Home Chapter of Communities For a Better Oregon charged that, under the Secretary’s characterization, they were powerless to develop and log on their property which was attributable to the presence of northern spotted owls and red-cockaded woodpeckers registered as threatened under the ESA. The plaintiffs challenged the regulation, contending that the characterization defied Congressional intention. (United State Department of Justice, 2015)

 In February 1998, Pfizer Inc., announced it would construct a worldwide headquarter on the land in Fort Trumbull. More specifically, on the petitioner’s properties. Two months later, the government of Fort Trumbull accepted Pfizter’s job on their property without consulting the property owners knowing. This new building would total a redevelopment of 90 acres of Fort Trumbull in order to “complement the facility that Pfizer was planning to build, create jobs, increase tax and other revenues, encourage public access to and use of the city’s waterfront, and eventually ‘build momentum’ for the revitalization of the rest of the city.” The specific property affecting the private owner’s would serve as a parking lot for this headquarters. So, these nine properties, with sentimental values would be used as a open parking lot, in use for the sole purpose of parking other people’s cars.

When the founding fathers wrote the Constitution, they wrote the document with a set of strict ideals in mind to protect the American people from the government expanding its power. The Supreme Court has interpreted the Constitution in ways that have expanded the powers of Congress, making them most responsible for the growth of federal power. In the Constitution, the Commerce clause was created to regulate interstate commerce, but after the Supreme Court ruled on cases the interpretation changed and the federal government can now regulate commercial activities including minimum wage and labor. The Court broadened the “Necessary and Proper” clause when it ruled that Congress can establish a federal bank. Finally, the Court reinterpreted the meaning of the First Amendment so as to eliminate voluntary prayer in public or in schools. These are not the only illustrations of the Supreme Court expanding federal power, but by examining these three examples, expansion of federal power is shown.

Federalism, separation of powers, checks and balances and the bill of rights are the four main elements that the constitution is made up of. All four of these elements are what made the constitution strong, lasting over two hundred years. Three separate branches were created that had their own specific powers. The government was then given the power to tax and enforce its laws. The structure of how this one document has governed is what makes the constitution unique. The U.S. constitution established Americas national government and fundamental laws. The constitution guaranteed certain basic rights for the citizens that were unheard of at the time. The constitution established the structure of the federal system and distribution of power between state governments. Citizens that live within the borders of the united states had their own protection of rights. Although the constitution can be flawed in some ways, the document is what had created a great nation; however, the constitution created Americas national government and laws, guaranteed rights for the citizens and continues to represent those living today which makes the constitution unique.

After the Constitutional Convention in 1787, the United States Government was reorganized under the Constitution. This gave the federal government far more power than did the Articles of Confederation, which invested power within the states. Basically, the Constitution created three branches of government (Executive, Judicial, and Legislative) which would work together to run the government. To make sure that there was an equal balance of power among the branches, a system of checks and balances was devised so that each branch could limit the power of the others. It is important to note that "the doctrine of separation of powers is not established by any constitutional provision [but] rather it emerges from he framers'

The United States Constitution that was created from the convention put forth a federal government with more specific powers, including those related to conducting relationships with foreign countries. Under the reformed federal system, many of the responsibilities for foreign communications fell under the authority of an executive branch, although important powers remained with the legislative branch. The constitution came into effect in 1789 and has served as the basis of the United States Government ever since. To resolve certain issues with the rising debts from the revolutionary war and other domestic costs, the delegates at the constitutional convention created a system of checks and balances among the three branches of the federal government.

Even though the Anti-Federalists worry that the popularly elected House of Representatives will tend to be too weak in relation to the other great institutions of the federal government. The Anti-Federalists charge that the constitution violates the idea of strict separation among the legislative, executive, and judicial powers of government—and does so most dangerously in the creation of the aristocratic Senate. , The fulcrum of the system, in Madison’s eyes, is a Senate that is not elected directly and that is intended as an assembly of elder statesmen. Because they also believed in an economy based on agriculture and farming, additionally, they thought that there was no need to make a Constitution, and Madison states this shows a failure