Federalism

"Federalism"

Federalism is a system of government that divides power between a national government and a regional government with the use of a constitution. Throughout the United States history, federalism has played a significant role in the constitution and the system of government adopted by the United States of America. Federalism has also changed throughout the course of America's history to fit the constitution and the government.

Montesquieu was a French philosopher who was very important in the American constitutional thought. He was a strong defender of the separation of powers; and believed that power should be used to balance power in the effort to protect the nation against tyranny. He was a man who was referred to more that any other theoretical writer and wrote, "The Spirit of the Laws." Some of Montesquie's theories or views were that the Republic form of government was only possible in small societies, a federal republic is where several societies, form to make a more new and enlarged society, and he believed the cure for internal strife within a country is commerce because it cures destructive prejudices and keeps people aware of their interdependence for comfort and security. Montesquieu's greatest influence on the American constitution is his doctrines of separation of powers.

In Montesquieu's doctrines, he discusses the three distinctive branches of government. The actual people in each of the branches should develop distinct ways of governing which will provide groups in society some form of accommodation in the government's decision-making roles. Checks and Balances is another theory of Montisquieu. Which is a system where one branch of government has some form of power over the other two branches. "Montisquieu was one of the most important theorists and was referred to by James Madison as the "oracle who is always consulted and cited."

David Hume was another philosopher and historian who are very important in government. He was born in Edinburgh, Scotland and wrote "Idea of the Perfect Commonwealth." Hume believed that opinion is divided into two kinds, which are interest and right. He also believed that a right is of two kinds-- power and property. Hume was a man that was lead by the influence of John Locke and George Berkeley. Hume also believed that we should just keep and improve our ancient governments; hence, we prevent any new radical forms of government.

Federalism was incorporated in the constitution for many different reasons. One of the main reasons federalism was added was to prevent the new form of government in the United States after the Articles of Confederation of abusing its powers. Under federalism, state governments and the national governments would have specific limit, and rights. Some of the limits and rights on the national government were the right of habeas corpus, and control of interstate commerce. States could not tax imports and exports, could not impair obligation of contracts. Federalism was created to ensure both separate governments certain privileges. The Framers of the Constitution believed that the competition between both of the governments would create an effective limitation on each government's power.

The Federalist Papers, numbers forty-five and forty-six, were written by James Madison and supported some of the ideas of federalism in them. In Federalist Papers 45, Madison wrote about "The Alleged Danger from the Powers of the Union to the State Governments." In Federalist Papers 46, Madison wrote about "The Influence of the state and federal governments."

Madison's Federalist Papers 45 cited federalism in a few areas. One big area was the power to tax. Madison said that if federal government had tax collectors, than the state governments will have theirs also. Madison believed that the national and state governments should both have their own powers. The national government has powers on war, peace, foreign commerce, and negotiation. He then stated that the state government has the powers concerning the lives and liberties of the people such as improvement and prosperity of the states.

The Federalist Papers 46 also had federalism incorporated in it. Madison believed that the state governments should silently and cautiously build up an army, just in case the federal government was to invade the states. Therefore, the states could be ready just in case something like that happened. He also believed that the federal government powers are as little as those of the states in recollection to the Union.

The "necessary and proper clause" is the significance of enumerated powers are a source of strength to the national government, not a limitation on it. This clause is also known as the elastic clause and was settled by the Supreme Court under the Chief Justice John Marshall. Marshall basically nationalized or expanded the "necessary and proper clause" throughout the United States. Marshall declared that the states did not have power to tax and national agency. Marshall believed that Congress had the power to set up a bank even if it was not clearly in the constitution. He argued that as long as Congress was abiding by the enumerated powers that there would be no problem with a national bank. Marshall expanded the interpretation of the "necessary and proper clause" because after that ruling, the national government could become more powerful without taking powers that were already enumerated. Marshall's interpretation of the clause clearly gave more power to the national government and more or less limited the power of the state governments.

McCullough vs. Maryland was a court case during the time of Chief Justice Marshall's Supreme Court. Maryland wanted to sue the bank that was in Baltimore because they would not give them the taxes given to them by the state of Maryland. John Marshall ruled that the states could not place a tax on any federal agency including the bank, under the "necessary and proper" clause. This gave the national power more power because it directly was stated that the states could not tax federal agencies according to the Marshall court.

Gibbons vs. Ogden was also a Supreme Court case during the time of the Marshall Court. Ogden had rights from the state of New York, which declared that he could navigate the Hudson River. The National government later authorized Gibbons rights to trade between New York and New Jersey using a steamboat in the Hudson River. The Supreme Court favored on the side of the national government because Article one, section eight stated that the national government could regulate commerce between states. The national government gained power

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