Important Implications For Federalisms: Several Parts Of The Constitution
Several parts of the Constitution have important implications for federalisms. Some examples are: the Tenth Amendment, Necessary and proper/ ‘elastic’ clauses, and Supremacy clause.
The Tenth Amendment –The Tenth Amendment is important because it allows states to hold elections. It also ensures that each state retains its power, sovereignty, independence and freedom. It is similar to the Articles of the Confederation. The Tenth Amendment was written to reassure the states that they would remain largely in charge within their own borders. Until the mid-19th century, the Tenth Amendment was often cited by state governments to prevent Federal regulation of everything from taxation to interstate commerce. Since 1837, however, various rulings
have mitigated the straightforward meaning of the Tenth Amendment, and such matters as a Federal income tax were subsequently upheld in the courts. Necessary and Proper/’Elastic’ clauses – It authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated (listed) powers of congress. The clause allows Congress some degree of flexibility in enacting legislation. It gives the Congress more power than what is stated in the Constitution. For example, the government has the power to collect taxes. But, the Constitution does not say where that money should be held. It was argued that the Elastic Clause gave congress the power to establish a National Bank to hold the money. It allows congress to pass laws that are needed as time changes.
Supremacy Clause – A Supremacy clause allows the National Government to outdo smaller levels of Government, doing so can prevent unfair policies and a lack of justice in the form of Government that’s all wrong. In other words, the supremacy clause makes any law passed by a state or local government that is in conflict with a federal law invalid. This makes the federal law ‘supreme’. The importance of the Supremacy Clause is that it establishes that the Constitution and Federal Law are the absolute law in the last resort of the United States. By that, it means that the Constitution and the Federal Law will win in any conflict between it and any state or local law. Thus, all states are bound to the limits placed on them by the Constitution and Federal Law. For example, in the McCulloch v. Maryland Case, McCulloch won because of the Supremacy Clause. The bank was established by the Federal Government therefore, the state of Maryland was not allowed to tax it because it would be like overpowering the ‘supreme’ law.
The Tenth Amendment –The Tenth Amendment is important because it allows states to hold elections. It also ensures that each state retains its power, sovereignty, independence and freedom. It is similar to the Articles of the Confederation. The Tenth Amendment was written to reassure the states that they would remain largely in charge within their own borders. Until the mid-19th century, the Tenth Amendment was often cited by state governments to prevent Federal regulation of everything from taxation to interstate commerce. Since 1837, however, various rulings
have mitigated the straightforward meaning of the Tenth Amendment, and such matters as a Federal income tax were subsequently upheld in the courts. Necessary and Proper/’Elastic’ clauses – It authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated (listed) powers of congress. The clause allows Congress some degree of flexibility in enacting legislation. It gives the Congress more power than what is stated in the Constitution. For example, the government has the power to collect taxes. But, the Constitution does not say where that money should be held. It was argued that the Elastic Clause gave congress the power to establish a National Bank to hold the money. It allows congress to pass laws that are needed as time changes.
Supremacy Clause – A Supremacy clause allows the National Government to outdo smaller levels of Government, doing so can prevent unfair policies and a lack of justice in the form of Government that’s all wrong. In other words, the supremacy clause makes any law passed by a state or local government that is in conflict with a federal law invalid. This makes the federal law ‘supreme’. The importance of the Supremacy Clause is that it establishes that the Constitution and Federal Law are the absolute law in the last resort of the United States. By that, it means that the Constitution and the Federal Law will win in any conflict between it and any state or local law. Thus, all states are bound to the limits placed on them by the Constitution and Federal Law. For example, in the McCulloch v. Maryland Case, McCulloch won because of the Supremacy Clause. The bank was established by the Federal Government therefore, the state of Maryland was not allowed to tax it because it would be like overpowering the ‘supreme’ law.