There have been many of the events that led to the change in the relationship between state and federal government. The relationship and authority of states and the federal government are governed by the U.S. Constitution. At first‚ states had the majority power‚ but over time federal government gained more control. Their relationship has changed over time because the federal government delegated certain enumerated powers while the state government reserved all the other powers by the Constitution
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government the nation should be composed of. The Federalist party wanted a strong national government and was thought to have a loose interpretation of the Constitution through the Elastic Clause. Onthe other hand‚ the Jeffersonian Republican party maintained that the states should retain the power and thought that the Elastic clause allowed the national govt too much power. They were know as the strict constructionists. Although the Republicans maintained this characterization at the beginning‚ the two
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elasticity of the elastic clause. This avoids any misconception of the laws of either party and permits improvement for the entire country. The main difference between dual and cooperative federalism is the interpretation of two sections of the Constitution describing the correlation between state and national governments. Article 1‚ Section 8 of the Constitution defines the enumerated powers of the national government and it closes with the elastic clause. The elastic clause gives Congress the
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In order to pay back this debt Alexander Hamilton created a financial program. However‚ some Republicans such as Thomas Jefferson and James Madison thought that his plan was unconstitutional because one would need to use the necessary and proper clause which most people feared because it gave the government too much power. This‚ however‚ is not so Alexander Hamilton’s financial plan however was mostly constitutional because it allowed it to use the powers as well as responsibilities congress already
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The United States Constitution is defined by Anzovin and Podell (1988)‚ as‚ in simplest terms‚ the law of the land and a flexible document. The first former statement is supported by the Supremacy Clause in the Constitution that declares that it‚ along with federal statutes and treaties‚ are the highest form of law in the U.S. legal system. Edwards‚ Wattenberg‚ and Lineberry (2011) also define a constitution as a nation’s basic law and add that it “creates political institutions‚ allocates power
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parts of the Constitution that are changed every year to adapt to the ever changing United States lifestyle. One part of the Constitution‚ known as the elastic clause‚ changes almost every year. The elastic clause makes it so that Congress is able to add and abolish laws to fit the needs of the people. An example of the elastic clause is the Brown vs Board of Education‚ Topeka‚ Kansas. In 1954‚ when Linda Brown was not allowed to go to the local all white elementary school because the school
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shall . . . deny to any person within its jurisdiction the equal protection of the laws." Added to the Constitution in 1868‚ this "equal protection clause" was aimed primarily at protecting the recently freed slaves against southern governments that had stripped the freedmen of their political and legal rights. The courts‚ however‚ have interpreted this clause‚ with its more inclusive reference to "any person‚" as providing a basic protection for all persons‚ not just African Americans. As is evident
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Everyone makes mistakes every once in a while‚ but doesn’t necessarily mean you can’t fix them. That’s why a pencil is made with an eraser in its other end. When drafting the constitution‚ the founding fathers included this pencil in the form of the elastic clause. This would later come to be seen as a way to get by laws and rules mentioned in the constitution. When George Washington was selected on April 1789‚ he formed a presidential cabinet consisting of the secretary of state‚ Thomas Jefferson; secretary
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funds Unequal distribution of wealth within the states Inability of states to deal politically with some problems Statements of "power" to the national government in the Constitution: General welfare clause Commerce power Defense of the nation Necessary and proper clause ("elastic clause") Congressional power to admit new states—Northwest Ordinance (1787) Denial of powers to the national government in the Tenth Amendment (1791): "The powers not delegated to the United States by the
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to the federal government should belong to the people. “They believed that implied powers are those powers that are ‘absolutely necessary.’” In this quote they are referring to the elastic clause‚ or the part in the Constitution that can be interpreted in many ways. The Democratic-Republicans belief in the elastic clause is the way it was originally intended; only to use federal force if “absolutely necessary.” As you can see both parties had very different interpretations of the
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