How did the Fourteenth and Seventeenth Amendments alter the system of federalism originally established in the Constitution?
The Fourteenth and Seventeenth Amendments of the United States Constitution significantly altered the system of federalism originally established in the Constitution. Here's how:
1. Fourteenth Amendment:
- Equal Protection Clause: The Fourteenth Amendment, ratified in 1868, included the Equal Protection Clause, which prohibits states from denying any person within their jurisdiction the equal protection of the laws. This provision further extended the power of the federal government over the states, ensuring that all citizens would be treated equally and protected by the federal government.
- Due Process Clause: The Fourteenth Amendment also included the Due Process Clause, which states that no state shall "deprive any person of life, liberty, or property, without due process of law." This clause enhanced the power of the federal government by establishing that certain individual rights are protected against state infringement, providing a foundation for later court decisions that selectively incorporated the Bill of Rights to apply to state actions as well.
2. Seventeenth Amendment:
- Direct Election of Senators: The Seventeenth Amendment, ratified in 1913, changed the method of electing Senators. Before the amendment, Senators were elected by state legislatures. However, the Seventeenth Amendment provided for the direct election of Senators by the people of each state. This amendment reduced the power of state legislatures and increased the power of the federal government by shifting the authority to elect Senators from the states to the people directly.
Overall, the Fourteenth and Seventeenth Amendments expanded the reach and power of the federal government over the states, ensuring equal protection of the laws and due process for all citizens and changing the system of electing Senators. They further centralized authority in the federal government and curtailed some aspects of state power.