Chapter Three: American Federalism and Nationalism 1. What is the Necessary and Proper Clause? How has it been used to stretch the powers of the national government? The constitutional declaration defines the Necessary and Proper Clause as Congress’s authority to exercise the “necessary and proper” powers to carry designated functions. It is also known as elastic clause‚ because it includes all implied in the constitutional text. It has been used to stretch the power of the national government
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were created‚ people they might believed weaken the unity of the U.S.‚ but they checked and balanced each other out to make sure there would be no tyrannical party ruler. As the Federalists interpreted the Constitution loosely‚ mainly using the elastic clause‚ they were able to create and pass laws that were not directly stated in the Constitution‚ which the Democratic-Republicans would then argue as invalid. During the period from 1800 to 1824‚ both the Federalists and Democratic-Republicans stayed
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Debate Over the Strength of Central Government The period of 1783-1800 was shaped by the debate between those who supported a strong central government and those who wanted more power given to the states. This period dealt with issues surrounding the formations of factions that threatened to split the young nation‚ the inclusion of a Bill of Rights‚ and the constitutionality of a national bank. Factions divided the people into those who supported a strong central government and those
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finite element method for thin-walled members –basic principles‚" Thin-Walled Structures‚ 41(2-3)‚ 179-189. 2. Balfour‚ T.A.D (1992)‚ Computer analysis of structural framework‚ Blackwel l‚ Melbourne. 3. Byklum E and Amdahl J.‚ A simplified method for elastic large deflection analysis of plates and stiffened panels due to local buckling. Thin-Walled Structures 40 11 (2002)‚ pp. 923–951. 4. Ben Young and Jintang Yan. (2004)‚ Column Tests of Cold-Formed Steel Channel with Complex Stiffeners‚ ASCE: Journal
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interpretation of the Constitution. It is generally believed that Thomas Jefferson felt that there should be strict and inflexible interpretation of the Constitution‚ while James Madison felt that the Constitution was elastic and that many different laws could be derived form a single clause. Their views‚ however‚ seemed to have switched over the period of 1801-1817 to fit the needs of the time‚ and so those beliefs were not really set in stone. In the year 1800‚ Thomas Jefferson viewed the Constitution
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The Constitution has provided us with separation of powers. The powers of our federal government have been divided into three branches. One branch is the Legislative branch they make the laws. The second is the Executive branch they make sure the laws are carried out. The third is the Judicial branch they evaluate the laws to make sure they do not infringe on our constitutional rights. Then we have our state government which have their own set of laws to follow as well. The state and federal
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government‚ that at times works‚ but mainly causes tension between the two because of a lack of trust to run efficiently. The tenth amendment reserved the state’s powers that aren’t assigned to the national they also don’t see the flexibility in the elastic clause. Cooperative being the marble cake is just that there isn’t a line the two move in and out of the other. They insist on very little sovereignty that both the national and state levels of government are for the greater good of the people. There
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How and why is federalism enshrined in the Constitution? (15 marks) Federalism is the system of government in which power is dispersed between central and state governments‚ each level of government having different responsibilities. Article four of the constitution is devoted to outlining the federal-state government relationship. Section one states that all states will honour all of the other states laws; this ensures that a marriage in Florida is also considered marriage in Arizona. Similarly
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The post-revolutionary war period of the Unites States saw the establishment of the first party system and an enlarging gap in viewpoints between the wealthy and the common man. One might argue that a political party develops in response to a series of controversial issues yet to a great extent the contradictory views of Alexander Hamilton and Thomas Jefferson over issues related to views of government‚ the role of government and social philosophy in foreign and domestic affairs‚ were primarily responsible
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to be adapted to the various crises of human affairs” (Levy 1707). In order to guarantee that the government would always maintain power as time went on and situations changed‚ the authors of the Constitution decided to include the Elastic Clause. This vague clause would allow Congress to perform any actions that seemed necessary in order to preserve the country and protect the rights of the people. Additionally‚ the authors of the Constitution arranged for an official‚ complex amending process
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