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Roosevelts New Deal and American Federalism - Assignment Example

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The paper “Roosevelt’s New Deal and American Federalism” deals with in the initial days of unionization, the separation of state powers from the powers of the federal government. In the modern world, the federal government has gained so much power over the states…
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Roosevelts New Deal and American Federalism
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Roosevelts New Deal and American Federalism

Download file to see previous pages... In the same clause, it postulates that the congress shall impose taxes and duties in a uniform manner across all the states of the United States of America. The third clause is very important as it defined the power of the congress with regard to commerce issues. It states that the congress will have power to regulate powers among the US states and also between the Unites States of America and the rest of the world as well as with the Indian tribes. This clause gave the congress and thus the federal government exclusive power over the state governments, to regulate trade and commerce as well as make, establish and enforce laws regarding commerce. By giving such powers to the federal government, the role of the states was being trampled underneath the federal government and this clause was to later play a big role in defining the power boundaries between the federal government and the state governments. Commerce is definitely very important for any government and giving commercial supremacy to the federal government meant that the power of the state government was minimized and the power for the federal government was increased.Supreme Court judgements in the past have also helped in defining the parameters of the powers of the federal government of the United States of American over the state level laws. These decisions by the United States include the Supreme Court decisions in McCulloch v. Maryland and Gibbons v. Ogden. In this McCulloch, the second bank of United States found itself in a row with the state of Maryland. The state of Maryland had passed a law that required all banks, local or federal, to only issue local notes and also to pay taxes on these. The second bank of United States did not however want to pay tax because this was not in line with federal bank regulations. As a result, the state of Maryland took the case to court and the case was eventually decided in favour of the second bank of the United States. The Supreme Court quoted the supremacy clause of the United States constitutions and said that the state did not have the power to override the federal laws and that the court should be able subscribe to the federal laws as a guidance to its decision.
The same issue was also repeated in the case of Gibbons v. Ogden (1824). In this case, the issue was about the monopoly given to Ogden on the use of the navigation waters of the New York area. The state of New York had given Ogden a monopoly over the waters of the area and also tried to convince the other neighbouring states to do the same but they refused. Gibbons, appealed to the Supreme Court which overruled the decision and argued that the state did not have powers to override the federal laws. The Supreme Court quoted the third clause of the eighth section of article I of the United ...Download file to see next pagesRead More
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