What is the principle of federalism?
What does the Tenth Amendment state?
How did the Fourteenth and Seventeenth Amendments alter the system of federalism originally established in the Constitution?
To what extent should the Federal government make laws concerning one of the controversial topics listed below? Be sure to include the article or amendment in your details supporting your response.
Use the following sources to frame your response:
Article I, Section 8;
Article I, Section 9;
Article IV; Article VI;
the Tenth Amendment;
the Fourteenth Amendment found in the Constitution. Links to an external site.
Links to an external site.Then, Choose ONE of the following topics:
Health Insurance
Education Standards
Marriage and Family Law
The principle of federalism in the United States is centered around the division of power between the national (federal) government and the state governments. This division of power allows for a balance of authority, with certain powers reserved for the federal government, while others are delegated to the states.
The Tenth Amendment to the US Constitution states: "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." This amendment reinforces the idea of federalism by outlining that any powers not specifically given to the federal government are retained by the states or the people.
The Fourteenth Amendment significantly altered the system of federalism by extending the protections of the Bill of Rights to the states. This amendment also ensured that states could not deprive individuals of their rights without due process of law. The Seventeenth Amendment changed the system of federalism by allowing for the direct election of Senators by the people, rather than being appointed by state legislatures.
Regarding the extent to which the Federal government should make laws concerning one of the controversial topics listed, let's consider the topic of Education Standards. Article I, Section 8 of the Constitution grants Congress the power to regulate interstate commerce and promote the general welfare. This could be interpreted as allowing the Federal government to set national education standards to ensure a minimum level of education quality and equal access to education for all students across the country.
The Tenth Amendment, however, reserves powers not specifically delegated to the Federal government to the States. Therefore, states have traditionally had the primary authority over education. However, the Fourteenth Amendment does allow the Federal government to intervene when states are not upholding the rights of individuals, including the right to equal education opportunities.
In conclusion, while the Federal government does have some authority to make laws concerning Education Standards, the primary responsibility for education policy and implementation lies with the states. The Federal government should work collaboratively with states to ensure high-quality education standards are met, while still respecting the principles of federalism outlined in the Constitution.