The Constitutional Debate Over State vs Federal Supremacy
Herrema Herrema 1
PS 110
June 12, 2014
The Constitutional Debate Over State vs Federal Supremacy
Politics is power. As one of the United State founding fathers James Madison said, “The Essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse”(Library Of Congress, 2006). The Constitution is set up in a way to help manage the ultimate balance of power between the Federal Government and the states. It is written in a way to protect the states from abuse from the Federal Government but also to protect the citizens from abuse by the state.
Today, the states enjoy much of the freedoms granted to them by the constitution, but there have been instances when the Federal Government has stepped in to ensure the constitutional mandate is upheld in regards to the rights of the citizens. To better understand this delicate balance, one must take a deeper look into the history of the constitution. Only there can the true purpose and intending’s of the founders be revealed. The Declaration of Independence is a great start to understanding the key component for the basis of the Constitution. It was the turning point where America said, “no more” to Monarch rule and the basis for “life, liberty and the pursuit of happiness,” was set as a standard for what America would strive to achieve and value (Meyers, 2014: 14). On this basis the Declaration of Independence was established (Sidlow, 2014: 28). The next step was to establish a government system. The Articles of Confederation would serve as the United States first constitution. Under the Articles of Confederation, Congress was set up as the central governing body but with few powers; the power belonged to the states. It provided for a Herrema 2 unicameral legislature, one legislature, giving each state, no matter the size, one vote (Walter, 2012:
11). There was one house in the
PS 110
June 12, 2014
The Constitutional Debate Over State vs Federal Supremacy
Politics is power. As one of the United State founding fathers James Madison said, “The Essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse”(Library Of Congress, 2006). The Constitution is set up in a way to help manage the ultimate balance of power between the Federal Government and the states. It is written in a way to protect the states from abuse from the Federal Government but also to protect the citizens from abuse by the state.
Today, the states enjoy much of the freedoms granted to them by the constitution, but there have been instances when the Federal Government has stepped in to ensure the constitutional mandate is upheld in regards to the rights of the citizens. To better understand this delicate balance, one must take a deeper look into the history of the constitution. Only there can the true purpose and intending’s of the founders be revealed. The Declaration of Independence is a great start to understanding the key component for the basis of the Constitution. It was the turning point where America said, “no more” to Monarch rule and the basis for “life, liberty and the pursuit of happiness,” was set as a standard for what America would strive to achieve and value (Meyers, 2014: 14). On this basis the Declaration of Independence was established (Sidlow, 2014: 28). The next step was to establish a government system. The Articles of Confederation would serve as the United States first constitution. Under the Articles of Confederation, Congress was set up as the central governing body but with few powers; the power belonged to the states. It provided for a Herrema 2 unicameral legislature, one legislature, giving each state, no matter the size, one vote (Walter, 2012:
11). There was one house in the
Cited: Edward J. Larson and Micheal P. Winship. Preface.The Constitutional Convention: a narrative history: from the notes of James Madison.1st ed., Modern Library pbk. Ed. James Madison. New York: Modern Library 2005. 1-13. Web. 5 June 2014. Greve, Michael S. The Upside-down Constitution. Cambridge: Harvard University Press, 2009. 2-29. Web. 7 June 2014. Library of Congress (2006) . On These Walls: Inscriptions and Quotations in the Buildings of the Library of Congress. .At loc.gov. Web.7 June 2014 Meyers, Marvin. Preface. The mind of the founder: sources of the political thought of James Madison. Ed. James Madison. New England: Hanover: Published for Brandies University Press, 1981. 14-15. Web. 6 June 2014. Shapiro, Ian, John Dunn, Donald L. Horowitz, and Eileen Hunt Botting. Preface. The mind of the founder: sources of the political thought of James Madison. Ed. James Madison. New Haven: Yale University Press, 2009. 10-226. Web. 6 June 2014. Sidlow, Edward, and Beth Henschen. GOVT 6. 6th ed. Boston: Cengage Learning, 2014. 11-39. Print. Ushistory.org. "Federal-State Relations Today: Back to States ' Rights?." American Government Online Textbook. N.p., 2014. Web. 12 June 2014. Walter, Frank M. Making Sense of the constitution: a primer on the Supreme Court and its struggle to apply our fundamental law. Carbondale: Southern Illinois Univerisity Press, 2012. 1-246. Web. 7 June 2014.