The Historical Extension of the Federal Government's Power Over the States - Research Paper Example

Comments (1) Cite this document
Summary
The fourteenth amendment, to the United States Constitution, revered for containing the Bill of Rights and imposing limitations upon the state…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.7% of users find it useful
The Historical Extension of the Federal Governments Power Over the States
Read TextPreview

Extract of sample "The Historical Extension of the Federal Government's Power Over the States"

Download file to see previous pages It attained this by prohibiting the states from infringing upon the rights and protection of the American populace. It also prevents the state from arbitral denial of the right to life and property without the due course of the decrees, and affords every individual within the jurisdiction of the state equal protection of the law. Over the years, the Supreme Court and the federal courts have adopted different interpretations of the fourteenth amendment. It is this reinterpretation, of the amendment, that has gradually changed the law of on the fourteenth amendment. This reinterpretation was reflected in various case laws that have been decided over the years. Barron v. Baltimore, 32 U.S. 243 (1833) This was the first judicial interpretation on whether the Bill of rights could limit sate powers. In this case, Baron had argued that the Constitution limited powers of both the state and federal governments, and proceeded to give the limitations on state power specified under Article 1 Section 5 (Phelan, 2008). Marshal J, in a dissenting opinion, held that the Bill of Rights in any way did not limit state power, and if it was intended to limit sate power, it could have expressly stated so (Phelan, 2008). In his judgment, Marshal J applied the law as it was as opposed to what it ought to have been. He directly and strictly interpreted the fourteenth amendment to hold that it did not apply in limiting state power, but rather acted only to limit the power of the federal government. In informing his decision, Marshal J noted that the provisions that were sought to be relied upon were in the passive voice, as opposed to direct language, and the provisions under Article 1 could not be applied to limit state power. The use of passive voice, could not answer the question ‘by whom’ and it was thus incapable of determining whether the provisions of Article 1 were binding upon the states as well (Rosenkranz, 2011, 1010). Article 1, on which Barrron sought to rely on, was framed in general terms, read passive voice, and could thus not be directly linked to limiting the state power because it could not answer the question; limited by whom? Had such provision been intended to limit state power, it could have taken a more direct tone. This, for example, could have been evidenced by the use of direct terminology such as ‘the state shall....’ or ‘No state shall....’ Although convectional wisdom may have dictated the fact that the use of the passive voice is ambiguous, Marshal J was undeterred in his stance as he applied the constitutional interpretation rule that the constitution ought to be read as a whole (Rosenkranz, 2011, 1012). In light of this therefore, if Article 1 section 9 were meant to limit state powers, then it would not have been framed in general terms. It should thus have been framed in a manner that answered the ‘by whom’ question. The logic applied in Barron is that when the Constitution seeks to limit power in passive voice, it is then limiting the authority of the government that it established. This logic is not necessarily correct because there is the horizontal dimension to separation of state power (Rosenkranz, 2011, 1015). If an interpretation were sought using this concept, then the court would have found that the Bill of rights could also limit state power horizontally. In other words, the strict application of the canon of grammatical consistency need not be construed so rigidly as to rule out flexibility in interpretation (Rosenkranz, 2011, 1016). Weeks v. U.S., 232 U.S. 383 (1914) This case sought to give an interpretation ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Historical Extension of the Federal Government's Power Over the Research Paper”, n.d.)
The Historical Extension of the Federal Government's Power Over the Research Paper. Retrieved from https://studentshare.org/law/1435869-the-historical-extension-of-the-federal-government
(The Historical Extension of the Federal Government'S Power Over the Research Paper)
The Historical Extension of the Federal Government'S Power Over the Research Paper. https://studentshare.org/law/1435869-the-historical-extension-of-the-federal-government.
“The Historical Extension of the Federal Government'S Power Over the Research Paper”, n.d. https://studentshare.org/law/1435869-the-historical-extension-of-the-federal-government.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
sc
schroederneva added comment 11 months ago
Student rated this paper as
I didn’t know how to start my essay. "The Historical Extension of the Federal Government's Power Over the States" helped me out a lot! Especially the list of structure was valuable.

CHECK THESE SAMPLES OF The Historical Extension of the Federal Government's Power Over the States

Federal Government Housing Policies

...assistance plans involve the comparatively flexible grants for the state as well as the local governments. This is done so as to assist the homeless people, build up reasonably priced housing and offer support to the first-time buyers. This was also done to encourage community development as well as more planned, direct support programs that would assist in providing low-priced apartments and even rental vouchers to the deprived families, managed through quasi-public, local public and the private intermediaries (McCarty & Et. Al., “Overview of Federal Housing Assistance Programs and Policy”). The main objective of the paper is to analyze the housing policies adopted by the...
6 Pages(1500 words)Term Paper

Contracting with the Federal Government

...in government transaction in this category is because the Federal Acquisition Streamlining Act made several amendments to the act thus eliminating limitations on government purchases under $150,000. This means that agencies can be allowed to use abridged processes for soliciting and assessing bids worth up to $150,000. However, it is mandatory for the government agencies to publicize all deliberate procurements over $25,000 according to Federal Business Opportunities or on the government website, which enlists all the available procurement opportunities. One main advantage of this easy purchase processes is that they...
3 Pages(750 words)Term Paper

Historical Facts from 1890's

...Historical Facts from 1890's The decade of 1890-1900 marked plenty of developments in the history of the United States and all that related with them, especially the Native Americans. As a result, of the occurrences of the decade, it is important to compile the historical facts that took place during this period in relation to women suffrage, politics, sports and the economy. In the early 1890s, Dr Naismith invented the basketball, when he invented the game of basketball, where the ball was crude, handmade and hand stitched. With this, the ball was irregular in shape and the bladder bore the same shape, in which the ball was made from stitched leather. The invention of...
4 Pages(1000 words)Research Paper

Power over Peoples

... both positive and negative effects because it influenced the start of principle wars all through history. The positive influence imperialism brought is that it influenced civilization to the non-western states and reduced the deaths that resulted from treatable diseases in non-civilized societies. References Dunn, W. S. (2007). Stalin's keys to victory: The rebirth of the Red Army. Mechanicsburg, PA: Stackpole Books. Headrick, D. R. (2010). Power over peoples: Technology, environments, and Western imperialism, 1400 to the present. Princeton, N.J: Princeton University Press.... ? Power over Peoples Introduction Imperialism refers to inequality of humanity and territorial relationship in the aspect of empire...
10 Pages(2500 words)Essay

The federal government and Antiterrorism

...of criminal code act The criminal code act was the first one to be amended under part one of the Canadian federal government Anti-Terrorism Act (ATA).The act was amended to define terrorism in two major ways. The first definition states that terrorism as acts of omission that are committed inside or outside Canada that amounts to a criminal offence as defined by the international agreements in respect to the acts of terrorism such as bombing and hijacking. The second definition under the first part of ATA, defines terrorism as acts that are undertaken inside or outside Canada for the purpose of fulfilling individual ideological, religious and political purpose with an aim of threatening...
6 Pages(1500 words)Essay

CURRENT FEDERAL GOVERNMENT INITIATIVES

...Current Federal Government Initiatives Digitalization of healthcare records aims to create health information exchange within the United States using several Federal initiatives. A Regional Health Information Network can be defined as a group of stakeholders interested in improving quality, safety access, and efficiency through the use of health information technology (Thielst). Creating an efficient system involves bringing together competitors and the number one obstacle in creating a regional health information network is the actual cost of the development, lack of organizational leadership, lack of clinical nomenclature and data security concerns. Three existing...
4 Pages(1000 words)Essay

The government of the United States

...to approval of the cabinet and the parliament by extension. This limits the decision making powers of the prime minister unlike in the United States of America where the constitution vests power on the president, the federal courts, and the congress to oversee the function of the executive, judiciary as well as the legislative arms of government. The system of politics in the United Kingdom vests more power on the citizens. This is reflected on the progressive nature of representation in the form of leadership that constitutes the top governance of the country. This form of government...
2 Pages(500 words)Essay

States versus Federal Rights

...then between state versus and federal rights ensued. During the infancy of United States, the main idea of the strong federal government champions mainly focused on having a strong centralized government while the advocates of states’ rights believe in minimizing the law of the Federal government and that laws should come from the state. This argument was encapsulated in the Federalist and Anti-Federalist disagreement of Jefferson and Hamilton. Hamilton and his Federalist idea pushed for a strong and centralized government where laws would come from...
1 Pages(250 words)Essay

Reasons Why Federal Government Surpassed State Power

... government to optimize police power to its advantage to take control of the entire US political system. The next factor lies on the area of providing services to the citizens. In this regard, the federal government has strong or substantial force to take over the power of the state due to its justification of understanding the real needs or concerns of the people. For this matter, it is always important to note that the federal government sees the need of the people far important than any other factors or substantial considerations (Shannon 58). Finally, considering that the federal government looks forward to the security of the people and the state, it is inevitable fact that it really could have substantial influence... Reasons why...
1 Pages(250 words)Essay

Federal Government

...Federal Government The events that led to a change in perception of the Federal Government between 1933 to 1938 cannot be mentioned without reflecting on the happenings of late 1920’s and early 1930’s when the great depression struck various economies of the world. In as much as the effects were not felt across some regions, other notable areas had to endure extremely difficult situations. In the United States, for example, 25% of all workers and 37% of all non-farm workers had lost their jobs by 1933. Before 1933, people held the perception that the Federal Government with the help...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic The Historical Extension of the Federal Government's Power Over the States for FREE!

Contact Us