Download Why was a federal system of government created

6.3 Why was a federal system of government
created?
The Constitution created at the Second Constitutional Convention was built
in the spirit of compromise. Now we examine another balancing act, the
balance of powers between the state and federal government.
I. The Delegates Create a Federal Government
A. Federalism
1. A system of government that creates a central
government and local state governments.
2. The powers of the national and state
governments are divided and balanced.
B. How did the Federalist and Anti Federalists differ in their
opinions?
1. Federalists - James Madison, Alexander
Hamilton, John Jay. They favoured ratification of
constitution, wanted strong but balanced federal
govt.
2. Anti-federalists - Patrick Henry and Sam
Adams, Thomas Jefferson. Feared strong central
govt. Supported states rights. Proof was lack of
Bill of Rights.
3. Federalists won but had to promise a Bill of
rights would be their first order of business.
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C. What are the powers designated to the Federal Government,
reserved for the state governments and shared (concurrent) by
both?
1. Powers of the Federal Government Delegated Powers
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The federal government possesses all those
powers that are delegated to it by the
Constitution either expressly or by
implication. These powers are enumerated
principally as powers of Congress in Article
I, Section 8. Included among these are the
power to tax, borrow and coin money,
maintain armies and navies, conduct foreign
relations, and regulate interstate and
foreign commerce. After the enumeration of
powers in Article I, Section 8, the
Constitution grants Congress further
authority to "make all laws which shall be
necessary and proper for carrying into
execution the foregoing powers and all other
powers vested by the Constitution in the
government of the United States, or in any
department or officer thereof." This
general grant of implied powers in the
"elastic" or "necessary and proper" clause of
the Constitution has raised numerous
questions as to the actual scope of national
authority. In many instances, such questions
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have been resolved by the Supreme Court.
Despite the fact that the states are
supreme in their sphere of activities, the
federal Constitution and national laws
constitute the supreme law of the land when
conflicts arise from attempts of both
jurisdictions to govern the same subject
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matter. The supremacy of national authority
is indicated by Article VI, clause 2, of the
Constitution, which provides as follows:
This Constitution, and the laws of the
United States which shall be made in
pursuance thereof; and all treaties made, or
which shall be made, under the authority of
the United States, shall be the supreme law
of the land; and the judges in every state
shall be bound thereby, any thing in the
Constitution or laws of any state to the
contrary notwithstanding.
2. The Powers of the States - Reserved Powers
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The Tenth Amendment indicates that state governments
possess those powers that are not given to the national
government or prohibited to the states. Among others,
the states have the power to establish schools and
supervise education, regulate intrastate commerce,
conduct elections, establish local government units, and
borrow money. In addition, a broad and generally
undefined "police power" enables the states to take
action to protect and promote the health, safety, morals,
and general welfare of their inhabitants. The states also
exercise powers relating to wills and domestic relations.
3. Powers shared by both - Concurrent Powers
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Concurrent powers include the power to tax and borrow
money, to take property for public purposes, to enact
bankruptcy laws, and to establish laws and courts.
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