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Nt1310 Unit 1 Research Paper

Decent Essays

1. “The operations of the federal government will be most extensive and important in times of war and danger; those of the state governments, in times of peace and security.” – James Madison The founding fathers created an effective federalist system in the United States, specifically in the way that the Constitution and Bill of Rights separates the powers. The balance and restrictions between the national and state government have greatly altered ever since. Over the course of American history the concept of federalism has transformed. It began as a distinct separation between the states and national government, for each section controlled their own areas of accountability. In the following years, as tension arose, federalism transformed what is known as the marble-cake …show more content…

In Article 1, section 8 the Constitution states that Congress has the authority “…to make all laws which shall be necessary and proper for carrying into execution the forgoing powers”. These powers are considered “implied” since they are assumed to be true without being specifically stated. The phrases “Necessary and Proper Clause” and “Elastic Clause” indicate a stretch in the government powers because it allows Congress to expand its right to meet new needs. The concept of implied powers has always been viewed as controversial thus, raising many questions and debates. For example, a famous court case, McCulloch vs. Maryland, was centered on the implied rights of Congress. The question that emerged was whether or not Congress can establish a national bank, and if it did, does Maryland have the authority to tax it. From the creation of the Constitution until this day the topic of implied powers raises as a reoccurring dispute. The concept is open to wide interpretation which created a division between loose constructionists and strict constructionists of the

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