Federalism: Does It Means To Divide The Power Of The States

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"The national government has certain implied powers that go beyond its enumerated powers." Through the constitution more powers were given to the national government rather than split equally between the states and the federal government. Over time the United States has built up a federal system that was meant to divide the power among the government and the states. Through different types of federalism the power between them shifted. Although the framers of the constitution wanted more power to reside in the national government they still made states important and kept them protected from tyranny from the government. The states are allowed to establish their own local government and ratify amendments to the federal constitution. …show more content…
The constitution was established to create a platform of rules for the budding United States. The United States constitution established three major points including the commerce clause, the necessary and proper clause, and the tenth amendment setting rules for not only the government but the states. The commerce clause was established due to the court case Gibbons v. Ogden understanding that the constitution granted Congress the enumerated power to regulate all interstate commerce. Although the federal government was able to regulate commerce with foreign nations the states are able to regulate the commerce within their own state. The states are granted the power to take measure involving public health, safety, and morals. The necessary and proper clause also known as the elastic clause was written in Article 8 section 1 clause 3 stating that congress had the power to pass all laws “necessary and proper” to carry out the enumerated powers. This arose in the court case McCulloch v. Maryland with the conflict over creating a national bank; Alexander Hamilton opposed making the national government stronger and did not agree with having another one. Which in turn established the national governments supremacy over state governments because they ruled in favor

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