Approval of the Constitution of Term Paper

Download this Term Paper in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Term Paper:


The Dual Federalism is the reflection of the ideology that stressed over the balance of powers between the national and state governments, and considers both the governments as 'equal partners with separate and distinct spheres of authority' (Sergio, 2005). Previously, the 'federal or national government was limited in its authority to those powers enumerated in the Constitution', and it was evident that there was partial understanding and correspondence between the national and stat. There existed little collaboration between the national and state governments, which resulted in the 'occasional tensions over the nature of the union and the doctrine of nullification and state sovereignty'.

In 1789, the Constitution was approved by the States; ratification of the conventions convened took place. The period from 1789 to 1801 has been regarded as the Federalist Perios, 'the period takes its name from the dominant political party of the time, which believed in a strong central government. Its leaders included George Washington, Alexander Hamilton, and John Adams. They were opposed by Anti-Federalists or Democratic Republicans, such as Thomas Jefferson, who argued against a strong central government and for state centered governance' (Sergio, 2005). In 1790, the responsibility related to the war debt was assigned to the federal government, which was regarded as a form of federal aid. The Tenth Amendment was incorporated, which 'protected the rights of the states and declared that all powers not expressly delegated to the central government by the Constitution were reserved for the states; this laid the foundation for the concepts of states rights, limited national government, and dual spheres of authority between state and national governments'. In 1798, the Doctrine of Nullification was incorporated, 'Federalist-controlled Congress in 1798 passed the Alien2 and Sedition3 Acts in an attempt to silence Democratic-Republican critics of the undeclared war with France', 'the doctrine of nullification held that 'any state could suspend within its boundaries the operation or implementation of any federal law it deemed to be unconstitutional'. In 1815, the Rights Doctrine was incorporated, 'The Hartford Convention, which was called to protest the economic hardships endured by New England states during the War of 1812, attempted to assert the states rights doctrine. The convention urged states to protect citizens against the acts of Congress not authorized in the Constitution' (Sergio, 2005).

In 1819, the Doctrine of Implied Powers was introduced, and essential amendments related to clause of Article I of the Constitution. In 1891, the Supreme Court approved unanimously the constitutional authority of the National government to establish a national bank, 'acknowledged that the national government was limited to powers enumerated in the Constitution, but stated that Article I also allowed the national government to pass such laws necessary and proper to carry out powers and duties enumerated by the Constitution'. The federalism was strengthen and experienced a major boost when the Supreme Court give a positive ruling in the favor of the federal government, and 'interpretation of the Constitution was premised on the notion that the national government was the creation of the people and not the states and that Article VI established federal law as the supreme law of the land, and the power to tax involves the power to destroy' (Sergio, 2005).

In 1860, the Civil War raised two core issues relevant to the role of the federal government and the nature of the union, 'slavery accelerated tensions between nation centered and state-centered concept of the federal system, there was wide difference of opinion on the one hand, there were those who argued that the union was but a league of sovereign states and that each state had the power to nullify federal laws within its boundaries or ultimately secede from the union, whereas on the other side were those who believed that the union was indestructible, created not by the states but by the people delegating to the states and the national government certain limited authority enunciated in the Constitution', therefore the issue related to the nature of the union was amicably resolved in the favor of a nation-centered concept of federalism.


The period observed deep and dominant presence of the 'national government into areas that had previously been the purview of the states' (Smith, 2005). During the era the Sherman Anti-trust Act, the Interstate Commerce Commission Act, as well as the Twelfth, Fourteenth, and Fifteenth Amendments were approved and amended, through which the federal government had the discretion to apply its writ in different sectors related to the business, economy and civil rights. The federal government approved the regulation aimed at restricting the scope of the commerce related activities, 'in an effort to control the monopolistic tendencies of business' (Smith, 2005). The court provided full support to the federal government, and ruled that 'the state could not regulate rail rates if, as a consequence, it affected a portion of the rate charged in transportation of goods across state lines, whereas in the area of civil rights, the Court was far more restrictive in its interpretation of the Fourteenth Amendment's equal protection, due process and privileges and immunities clauses' (Smith, 2005).


The period has been responsible for the greater cooperation and collaboration among various levels of the governments, 'the national income tax and the grant-in-aid system were authorized in response to social and economic problems confronting the nation'. The federation was considered to be the vital and significant part of the democratic setup, and was considered as 'servant of the states in the kinds of activities funded' (Smith, 2005), after the incorporation of the federal grant system, which was aroused by the Great Depression, 'was expanded and fundamentally changed the power relations between federal and state governments' (Smith, 2005).


Michael Mcguire. American Federalism and the Search for Models of Management. Public Administration Review. Volume: 61. Issue: 6. 2001. American Society for Public Administration.

Stever, James a. The Growth and Decline of Executive-Centered Intergovernmental Management. Publius: The Journal of Federalism Vol. 23. 1993. pp. 71-84.

Stoker, Gerry, and Karen Mossberger. Urban Regime Theory in Comparative Perspective. Environment and Planning C: Government and Policy Vol. 12. 1992. pp. 195-212.

Stone, Clarence. Regime Politics. University Press of Kansas. 1989. pp. 218.

Agranoff, Robert, and Valerie a. Lindsay. Intergovernmental Management: Perspectives from Human…[continue]

Cite This Term Paper:

"Approval Of The Constitution Of" (2007, October 07) Retrieved October 28, 2016, from

"Approval Of The Constitution Of" 07 October 2007. Web.28 October. 2016. <>

"Approval Of The Constitution Of", 07 October 2007, Accessed.28 October. 2016,

Other Documents Pertaining To This Topic

  • Constitution for a Club

    Constitution for a Club Rules and laws are a vital component of any civilized society. No human community can function effectively without them. All areas of life are governed by some sort of rule. In general society, for example, there are governmental laws in the form of the constitution and the law. There are also rules in the workplace and at school, as well as in less formal environments such as

  • Constitution in America the Constitution

    As a result, the Bill of Rights was implemented into the Constitution, to address the concerns of anti-federalists. While at the same time, it gave the federalists a strong central government that could adjust with: the various changes. This is significant, because it shows how the Constitution is a working document that seeks to provide a balance between: personal freedoms and the need to protect the nation. In many ways,

  • Constitution of the United States

    In addition it was agreed that issues of federal budget, revenue and taxation would originate with the House of Representatives. The Great Compromise issued in a spirit of success to the convention and essentially ended the division between the small and large states. However, it did nothing to alleviate the pending debate between the Federalist and the Anti-Federalist. Decisions on how much power to give to the people and to

  • Constitution Gave Congress the Power of Legislation

    Constitution gave Congress the power of legislation. In fact, its major function is to make laws. Essentially, Congress converts public will into public policy by way of law. The Constitution provides some rules to which Congress must adhere throughout the legislative process however; over the years there have been additions and modifications to the procedure. Currently, there is debate over how to reform the legislative process. The general legislative process is

  • Articles of Confederation and Constitution Addressed a

    Articles of Confederation and Constitution Constitution addressed a number of complaints listed in the Declaration of Independence against Great Britain's King. In addition, the Constitution cured a number of weaknesses in the Articles of Confederation by giving powers, rights and divisions to the federal government, as well as providing a different method of amending the Constitution. At times, the Constitution was developed through compromises such as the Great Compromise, which set

  • NAFTA Clinton Congress the Constitution and NAFTA

    NAFTA Clinton, Congress, the Constitution and NAFTA As Thomas E. Woods, Jr. (2004) asserts, the Clinton Administration did much to expand the role of government in the lives of ordinary citizens. Woods alludes to the Clinton Administration's policies as "damaging and counterproductive expansions of government power, particularly in agricultural, housing, and environmental policy" (p. 239). Just looking in the realm of agribusiness, the expansion of government power and corporate monopoly is seen

  • Canadian Constitution

    Canadian Constitution Freedoms: Freedom of conscience and religion Freedom of thought, belief, opinion and expression iii. Freedom of peaceful assembly Freedom of association The freedoms guaranteed by the Canadian Constitution are similar to those of the United States and other democratic nations. The basic principles of these freedoms are the privileges of the individual to believe, speak, and meet peacefully without fear of governmental repression. Right to vote in an election of the House of Commons Right

Read Full Term Paper
Copyright 2016 . All Rights Reserved