The New Deal And Civil Rights

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.

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 Articles of Confederation, Adopted by Congress on November 15, 1777, for all practical purposes was the United States’ first Constitution. Created to establish a bond between the newly formed states, “...the Articles purposely established a "constitution" that vested the largest share of power to the individual states” (Early America). This ensured that the government did not have the majority of power. “...the Articles denied Congress the power to collect taxes, regulate interstate commerce and enforce laws...allowing the states retained their "sovereignty, freedom and independence” (Early

When the Founding Fathers wrote the Constitution in 1787, the United States just had 13 states. The Founding Fathers believed that more states would want to join the Union in the future. They saw that it would be significant for new states to have the same form of government as the original states had. Since then there are now over 50 states that have similar characteristics which were developed centuries ago; although, resembling the creation of new ideas and inventions, current state government had many problems from being the way it is today, it also has many important features that benefit many people, as well as plays an important role in how American democracy and government works.

The relationship between the Federal government and the states is well stable. The Federal government has powers given by the Constitution as well powers or privileges are given to the states which promotes a balance between the two so that our country is not ruled under one specific party or group. The question now is that, are the states rights more than well protected in the current constitution and the political practice.

The federal government began to gain power, and in Article I section 8 says, “The Congress shall have power to lay and collect taxes, duties, imports, and excises, to pay the debts and provide the common defense and general welfare of the United States; but all duties, imports and excises shall be uniform through the United States; to borrow money on the credit of the United Staes; to regulate commerce with foreign nation, and among the several states, and with the Indians Tribes… to establish post offices and post roads .” The following quote describes how the national government has different kinds of power compared to federal government. Article IV section 1 says, “full faith and credit shall be given in each states to the public acts, records, and judicial proceeding of every other state. And the Congress may general laws prescribe the manner in which such acts, records, and proceedings shall be proved… ” In simpler words, the state government has to follow laws just like a ordinary

Federalism was the first guard against tyranny. The central government and states both had their own powers but also shared a few. They had trading, conducting foreign relations, declaring war, making immigration laws etc. Local state governments got elections, establishing schools, passing marriage and divorce laws, and regulating in-state business. “The different governments will control each other and at the same time it will be controlled by itself,” said James Madison in the federalist paper #51.

Before the constitution became the law of the land there was the Articles of Confederation. The Articles of Confederation was the first constitution of the United States, and the first form of government established by the U.S. Under the Articles of Confederation the government consisted of a congress of delegates chosen by state legislatures. Congress was also unicameral, or a single house legislature. Each state had the same amount of power regardless of size or population. The powers to make, administer, and enforce laws were all placed with Congress. The government did not consist of a President or executive branch, instead the executive power was spread among several committees of congressmen. The articles granted certain limited powers to Congress. The Congress could not raise money through taxes, therefore it relied on contributions from the states, which was not reliable. Passing laws required approval of at least nine of the thirteen states, and amending a document required approval of all thirteen states. Congress had no power to regulate trade between the states or internationally. There was no national army, so the government relied on the individual states to establish a military.

In document a james madison states that power “is first divided two distinct government states and federal” . this decides the process of federalism where state and federal government share power regulate trade, foreign relations, provide army, declare war, make money, post offices, make laws and states controle local government, elections, schools, marriage

America’s power was first split into two separate governments between a central government and a state government. These two governments each had powers of their own, as well as powers that they shared. The state was given the power of setting up local governments, holding elections, establishing schools, passing marriage and divorce laws, and regulating in-state businesses. The central government was given the power of regulating

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'

Initially, the Articles of Confederation was the first form of written constitution the United States had established. However, the Articles of Confederation had many flaws, one of the major flaws was it was establishing a weak government. Therefore, many important delegates through a committee decided to construct a new form of law that will inculcate a strong government. The result was the ratification of the Constitution (1788); the supreme law of the land. The constitution is broken down in three branches the legislative, executive, and the judicial branch all for the purpose for tyranny doesn’t surpass. Likewise, the constitution is constructs first with the preamble starting with the famous words” We the People of the United States,”

But WHY? Why has the power of the federal government expanded so significantly? Was this shift in power from state governments to the federal government necessary?

After the Revolutionary war, the 13 colonies needed a government and they approved The Articles of Confederation which was the first federal government that was approved by Congress in 1777 in Philadelphia and was formally ratified and put in effect in 1781 (Keene, Cornell, & O’Donnell, 2013). The issues that the raised from the Articles of Confederation was the distribution of power, instead of giving too much power to central government like Britain, the founders decided to place the sovereign power on the hands of the states. Also, they did not have national court system to impose laws that were approved by government, and did not have a President.

When the government first achieved independence from England there were thirteen individual governments. They had an agreement called the Articles of Confederation that specified how each would interact with the others and manage the states. Despite the ratification by every state the agreement soon became problematic. What ensued was the meeting of state delegates, known as the Constitutional Convention, who planned to revise the problems. As a result the U.S. Constitution was fashioned to take its place. The idea was to ultimately federalize the States. That means each State remains an individual government but also agrees to be part of a Union. Thus created a federal government that would handle those things that are best controlled by a central government, which acts on behalf of the many States. An example would be the Navy and Army. The Federal Government has the right to raise and maintain a full time standing military. The Federal government is not limited to just the enumerated powers granted to Congress. It was also arranged that the national government would have powers not specifically stated in the Constitution, called implied powers. Although popular