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The founders of the constitution so desperately hoped that the nation would always strive to protect individual liberties and the rights of the states. This is especially true when considering the last two amendments of the Bill of Rights. However, the whole "federal law trumps state law" basically negates the protection of state's rights because the Feds can simply pass a law and it will always supersede ANY state law. This is the greatest canundrum of our nation: Centralized or Decentralized?
seems to have been completely forgotten. It shouldn't be. It says federal laws: " which shall be made in Pursuance [of the Constitution]."This Constitution, and the laws of the United States which shall be made in Pursuance thereof; and all treaties made, under the Authority of the United States, shall be the supreme law of the land....
It's a combination of both in balance. The Fed's job is to ensure the well being of the union as a whole, and individual States cannot accomplish that. That's why some laws are state driven while others exist nation wide. I do think the balance is becoming tipped though.
No. the Federal government's job is supposed to be to follow what is written into the Constitution, no more, no less. The balance was actually, and still is supposed to be, tipped heavily in favor of the states and/or the people themselves, with the federal govermnent restricted to very specific powers in which it necessarily held supreme authority--but these powers were originally relatively few.
Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 10 - Powers prohibited of States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
The founders of the constitution so desperately hoped that the nation would always strive to protect individual liberties and the rights of the states. This is especially true when considering the last two amendments of the Bill of Rights. However, the whole "federal law trumps state law" basically negates the protection of state's rights because the Feds can simply pass a law and it will always supersede ANY state law. This is the greatest canundrum of our nation: Centralized or Decentralized?
A strong centralized government was one of the main reasons for adopting the constitution, given the failures of the articles of confederation.
a "stronger" centralized government----------------that is the accurate statement.
the constitution clearly intended a limited government with only the powers clearly delegated to it.
Sure, but whatever those powers where seemed to be pretty unclear. Half the people who were at the convention could not even agree upon what the federal government was allowed to do, and when the constitution was ratified, there were at least 3 conflicting interpretations as to what the legislative power of the federal government was.
that may be true but I can state without any danger of contradiction that no one can find any support for much of what the government does today in the original intent of ANY of the founders
A strong centralized government was one of the main reasons for adopting the constitution, given the failures of the articles of confederation.
The founders of the constitution so desperately hoped that the nation would always strive to protect individual liberties and the rights of the states. This is especially true when considering the last two amendments of the Bill of Rights. However, the whole "federal law trumps state law" basically negates the protection of state's rights because the Feds can simply pass a law and it will always supersede ANY state law. This is the greatest canundrum of our nation: Centralized or Decentralized?
Only laws within the powers of the Federal govt are supreme over state law.
The founders of the constitution so desperately hoped that the nation would always strive to protect individual liberties and the rights of the states. This is especially true when considering the last two amendments of the Bill of Rights. However, the whole "federal law trumps state law" basically negates the protection of state's rights because the Feds can simply pass a law and it will always supersede ANY state law. This is the greatest canundrum of our nation: Centralized or Decentralized?
I don't think its a conundrum at all. You can have a strong centralized government and still have rights protected by the Bill of Rights etc. I personally am for a strong centralized government. One of the failings of the Articles of Confederation was that it was a weak centralized government. The founders strengthened the centralized government and made it into what we see today, which is clearly more successful than the weaker centralized government. I personally think that States' Right's is what led to the Civil War and division.The founders of the constitution so desperately hoped that the nation would always strive to protect individual liberties and the rights of the states. This is especially true when considering the last two amendments of the Bill of Rights. However, the whole "federal law trumps state law" basically negates the protection of state's rights because the Feds can simply pass a law and it will always supersede ANY state law. This is the greatest canundrum of our nation: Centralized or Decentralized?
I don't think its a conundrum at all. You can have a strong centralized government and still have rights protected by the Bill of Rights etc. I personally am for a strong centralized government. One of the failings of the Articles of Confederation was that it was a weak centralized government. The founders strengthened the centralized government and made it into what we see today, which is clearly more successful than the weaker centralized government. I personally think that States' Right's is what led to the Civil War and division.
The Founders did not envision the federal govt we have today, they envisioned a federal govt with limited duties and sufficient authority to carry those duties out.
This is true - the anti-federalists feared a large, centralized military and other things would happen - which is why they opposed it - and look, those things have happened.
But don't blame the Constitution, it provides for no such powers.
But don't blame the Constitution, it provides for no such powers.
The Constitution gives a lot of flex - like a Good-Morning. . .to do what's necessary and proper.
That the federal govern,ent can do this in no way necessarily negates the protection of states' riggts because there are some - indeed many - things that the federal goverment has no power to do.The founders of the constitution so desperately hoped that the nation would always strive to protect individual liberties and the rights of the states. This is especially true when considering the last two amendments of the Bill of Rights. However, the whole "federal law trumps state law" basically negates the protection of state's rights because the Feds can simply pass a law and it will always supersede ANY state law. This is the greatest canundrum of our nation: Centralized or Decentralized?
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