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American Federalism

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American Federalism
Federalism, by definition, is the division of government authority between at least two levels of government. In the United States, authority is divided between the state and national government. "Advocates of a strong federal system believe that the state and local governments do not have the sophistication to deal with the major problems facing the country" (Encarta.com). Even before the Constitution was ratified, strong argument were made by Alexander Hamilton, John Jay, and James Madison in the Federalist Papers urging the inclusion of a federal form of government to replace the failed confederation. In Federalist Paper No. 9 Hamilton states, "This form of government is a convention by which several smaller states agree to become members of a large one, which they intend to form. It is s kind of assemblage of societies that constitutes a new one, capable of increasing, by means of new associations, until they arrive to such a degree of power as to be able to provide for the security of a united body" (Usinfo.state.gov). The people of the United States needed a central government that was capable of holding certain powers over the states. Those who feared that the federal government would become too strong were assured by Madison in Federalist No. 14 that "in the first place it is to be remembered that the general government is not to be charged with the whole power of making and administrating laws…The subordinate governments, which can extend their care to all those other objects which can be separately provided for, will retain their due authority and activity"
(Usinfo.state.gov).
The "necessary and proper" clause was included in the Constitution to allow for an "active and powerful government." It is also known as the Elastic Clause and basically stated that the national government had the ability to pass any law that was necessary and proper to carry out national business. John Marshall expanded the interpretation of the "necessary and proper"



Cited: Badger, Anthony J. The New Deal. New York: The Noonday Press, 1989. House Committee in U.S. Congress. Welfare Reform. Washington: U.S. G.O.P., 2002. Kennedy, David M. Freedom From Fear: The American People in Depression and War, 1929-1945. New York: Oxford University Press, 1999. Small, Melvin. The Presidency of Richard Nixon. Lawrence: University Press of Kansas., 1999. Unger, Irwin. A Life: LBJ. New York: John Wiley & Sons, Inc., 1999. The Federalist Papers. 2003. Department of State. 21 April 2003 . Civil War Amendments. 2003. Northern Virginia Community College. 21 April 2003 . GI Bill of Rights. 2003. North Carolina State University. 22 April 2003. Heart of Atlanta v. U.S. and Katzenbach v. McClung. 2003. The Supreme Court Historical Society. 22 April 2003. Federalism. 2003. Encarta Microsoft Incorporation. 22 April 2003. Clean Air Act and Emergency Highway Act. 2001. Excedior Inc. 23 April 2003. . Supreme Court History and Cases. 1994-2003. Find Law Inc. 23 April 2003. Fiscal Federalism. 2000. Kala Ladenheim. 24 April 2003. Unfunded Mandate Reform Act of 1995. 2001. The Cato Review of Business & Government. 24 April 2003.

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