Tuesday, December 31, 2019

The Fourteenth Amendment And The National Government Essay

The tenth amendment states that any power not granted to the National US government is given to the states. The tenth amendment deals with three different types of power. The three separate powers are delegated powers, reserved powers, and prohibited powers. Delegated powers are the powers assigned to the Federal government. An example would be the power to regulate commerce. The reserved powers are the powers that are granted to the states. An example would be to regulate education. The prohibited powers are the powers that are denied to the national or state government by the Constitution. An example would be that the states cannot declare war or the national government cannot make any law that respects a particular religion. The only question that is posed by the tenth amendment is whether a claimed federal power is justified. The tenth amendment helps establish federalism in the Unites States. Federalism is a type of government in which the national government and the state s sha re sovereignty. The 10th amendment verifies that not all power is delegated to the national government or the states. The national government has all power vested to it from the enumerated powers of the Constitution, but the states have all other powers not already given to the national government. Generally, the national government has the powers concerning the well being of all the states, while the states have the powers to solve problems that are more close to home. For example, one of theShow MoreRelatedThe Constitution Of The United States1552 Words   |  7 Pagescountry for over 200 years. The Bill of Rights, also known has the first Ten Amendments of the Constitution, has protected the unalienable rights of citizens in the United State. Selective incorporation was used in order to nationalize the Bill of Rights and protect the immunities, rights, and privileges of all United States citizens within the states. The success of Selective Incorporation, along with the 14th Ame ndment, ensured that states could not put in place any laws that took away the constitutionalRead MoreAnalysis Of The Documentary The Film 1003 Words   |  5 Pagesthe documentary.† (writing prompt) The dispute over this case is whether or not the director’s First-Amendment rights to release and complete the documentary have been infringed upon. Upon the basis that prior restraint is presumptively invalid by the government; the restraining order against the film director is unfounded and infringes upon the director’s rights protected under the First Amendment. The most applicable law to apply in this situation is equity law. Unlike other laws, judges, not legislaturesRead MoreThe Amendment Of The Fourteenth Amendment1416 Words   |  6 PagesRepublican of Ohio had long been a believer in the idea of equal protection of the laws for all people, and was one of the leaders of the effort to pass the Fourteenth Amendment. While aware of the need to prove the constitutionality of the Civil Rights Act with the Fourteenth Amendment, Bingham did not actually believe that the Fourteenth Amendment created any new rights. Rather, he believed that it created a new understanding of rights already in the Constitution. Bingham maintained that, â€Å"The†¦equalRead More The Bill of Rights Essay1288 Words   |  6 PagesBill of Rights. The Americans still faced the challenge of creating a central government for their new nation. In 1777 the Continental Congress adopted the Articles of Confederation, which were ratified in 1781. Under the Articl es, the states retained their â€Å"sovereignty, freedom and independence,† while the national government was kept weak and inferior. Over the next few years it became evident that the system of government that had been chosen was not strong enough to completely settle and defendRead MoreEssay about I Am An American1673 Words   |  7 PagesSince the 1800s, immigration has been considered a problem that is out of control in the United States. Government officials have claimed that the issue of birthright citizenship is the core of the dispute over immigration. To try and remedy this situation, holders of public office have held hearings and debates in an attempt to â€Å"redefine† what it means to be an American citizen. Birthright citizenship is the term used to refer to the citizenship that is granted to an individual who is born onRead MoreThe Rights Of State Governments And The Federal Government1442 Words   |  6 Pagesbetween the rights of state governments and the federal government. To guarantee that certain rights were not limited, the Federalist, an early political party, had insisted that the Bill of Rights to be added to the Constitution before they signed it. But even years after the addition of the Bill of Rights to the constitution, there are still debates over the extent of the relationship the federal government has with state governments. On July 9, 1868, the Fourteenth Amendment was ratified stating â€Å"AllRead MoreThe Constitutional Rights Of The United States977 Words   |  4 Pagestwenty-eighth amendment, that if ratified to the U.S. Constitution would take the constitutional rights away from all artificial entities such as corporations, and limit all campaign expenditures including the candidate s own contributions and expenditures. The Supreme Court has ruled on multiple occasions that according to the fourteenth amendment corporations are individuals that have constitutional rights. If corporations have the same rights as individuals, then under the first amendment they haveRead More Gitlow vs New York1233 Words   |  5 Pagescitizens. The First and Fourteenth Amendment of Constitution granted that the U.S citizens have the freedom of speech. And the New York State had its law of Criminal Anarchy Act since 1902 for â€Å"organized government should be overthrown by force or violence, or by assassinatio n of the executive head or of any of the executive officials of government, or by any unlawful means (n.p).† The citizen in the any state of the U.S should always both obey the state law and follow the national constitution. OtherwiseRead More Condition of African-Americans in the late nineteenth century710 Words   |  3 Pagesexplain why the Thirteenth Amendment, the Fourteenth Amendment, and the Fifteenth Amendment, which were enacted to aid the new freedmen, actually did little. In the late nineteenth century after the civil war the U.S. was over, there were about 4 million people that were once slaves that were now set free. The big question for President Lincoln and the presidents that followed was what to do with them? Even though the Thirteenth, Fourteenth, and Fifteenth Amendments were passed to free and aidRead MoreThe Constitutional Doctrine Of Selective Incorporation1580 Words   |  7 Pageslaws that deprive American citizens of their constitutional rights given in the Bill of Rights. The Fourteenth Amendment passed in 1868, still upholds a controversial role. Although the initial intention of the Fourteenth Amendment was to implement equality for newly freed slaves, its power expanded to justifying the application of federal rights granted by the Bill of Rights to state governments. On a case by case basis, the Supreme Court decides on which aspects of the Bill of Rights it will apply

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.