Supreme Law
For over two centuries, the American Constitution established the foundation of democratic government. It can undoubtedly be considered the strongest and longest lasting piece of document in the history of government. The Constitution, adopted in 1789, created a framework that secured the nation's interests, promoted its commerce, and also maintained unity as a nation. Although ratifying it and building trust and confidence in it took a while, the foundation that the Constitution was built upon created a strong national government. This strong foundation or framework nevertheless is of great importance yet the secret to its success can be greatly attributed to the flexibility of the Constitution allowed by its structure.The Constitutional Convention, held in Philadelphia in May of 1787, led to the ending of the Articles of Confederation and the birth of the Constitution. It cannot be argued that the Constitution was the result of the failures of the Articles of Confederation. The Articles of Confederation undoubtedly had good virtues but was concerned primarily with limiting the powers of the national government. Under it, Congress was given power to declare war, borrow money and trade but
An important aspect within federalism is horizontal± federalism, which refers to the cooperation and competition among the states. Although during the Great Depression, the !national government stepped in and expanded, it did not alter the basic framework. The issue was settled through the famous case of Barron v. The framers of the Constitution were able to foretell the future and predict the domination of the Congress, thus provided a remedy which has proven efficient. Through this system of two sovereigns, the framers hoped that the competition between the two governments would on its own, act as a limitation of power. The states played a role more specific including property, banking and education. The Supreme Court then used federalism and the concept of interstate commerce as a tool to restrain the national government. The principle of federalism played an important role in advancing the national government but also limiting it. ------------------------------------------------------------------------**Bibliography**Bibilography1. The remedy for this inconvenience is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action'±, (Lowi, 102). ! It states, No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law±, (Lowi, 117). Although they can no longer put trade barriers or taxes between the states, competition and cooperation in areas such as transportation have increased. After the Civil War, to unify the country, a movement toward nationalizing the Bill of Rights came into effect.
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