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Shifts in Power between the Nation and the States in America

Title: Shifts in Power between the Nation and the States in America

Term Paper , 2012 , 9 Pages , Grade: B

Autor:in: Philip Diego (Author)

History - America
Excerpt & Details   Look inside the ebook
Summary Excerpt Details

The highest court in the United States (the Supreme Court) made a ruling in 1857 that Africans (blacks) had no rights, could not become U.S citizens, and that Congress had no powers to abolish slavery. The aftermath of the ruling saw the United States suffer one of the bloodiest wars in world history – the Civil War. In less than ten years since the ruling was made, Congress together with the Northern states addressed the biases in the ruling. The biases were addressed through the amendment of the constitution and the civil rights statute. Through the 13th Amendment, slavery was abolished in all parts of the United States. The 14th Amendment and the Civil Rights Act of 1866 guaranteed citizenship for all qualified, natural-born, and naturalized Americans, inclusive of former slaves and free blacks. The civil rights statute, in addition, authorized the transfer of cases from state to federal courts in cases where citizens’ rights could not be enforced through state systems of justice. The 14th Amendment also prohibited states from infringing the rights enjoyed by American citizens, as well as, ensuring every citizen had the right to due process and equal protection of the law (Kaczorowski, 1987, p. 45).
The Congressional Republicans held the view that the14th Amendment and Civil Rights Act of 1886 provided a good ground for revolutionary change in the constitution of the United States. In observance of the 19th century concept of federalism, there was a need for Congress to legislate for the protection of civil rights. Had the status and fundamental rights of citizenship been the rights enjoyed by individuals owing to their state citizenship, the Congress would have had no authority to ensure for their protection. The fundamental rights would have been out of the jurisdiction of the states. The Fourteenth Amendment and the Civil Rights Statute that conferred citizenship on all Americans, and expanded its federally enforceable guarantees to include civil rights protection was surely a revolutionary twist in American federalism (Kaczorowski, 1987, p. 47).

Excerpt


Table of Contents

1. Post-Civil War America

2. McCulloch v. Maryland

Objectives and Themes

This paper examines the historical evolution of the American federal system, focusing on how constitutional amendments and landmark Supreme Court decisions have redefined the power dynamics between the national government and the individual states throughout U.S. history.

  • The impact of Civil War Amendments on citizenship and federal authority.
  • The shifting balance of power from state sovereignty to national supremacy.
  • Judicial interpretation of "implied powers" within the Constitution.
  • The conflict between federal mandates and state rights, exemplified by landmark cases.
  • The constitutional legacy of the Fourteenth Amendment in protecting individual rights.

Excerpt from the Book

McCulloch v. Maryland

The Constitution does not specifically authorize the Congress to establish a bank; however, it delegates the congress the power of taxation and spending. Additionally, a bank can be used by the government to collect and disburse revenue. With the supremacy of federal laws over state laws, Maryland could not disrupt the bank’s efforts to avoid taxation. McCulloch v. Maryland remains a historical decision made by the United States Supreme Court. The Baltimore Branch of the Bank of the United States had refused to pay a 15,000 dollar tax to the State of Maryland (McCulloch v. Maryland , 1819).

McCulloch v. Maryland triggered a heated debate between federal and state governments and saw the Supreme Court decision that changed the course of America’s history. James McCulloch, the branch manager, was taken to court by the State of Maryland. The case extended beyond tax concerns to test the powers of the federal government against the power of independent states. Both the federal and state governments claimed supremacy.

Summary of Chapters

Post-Civil War America: This chapter analyzes how the Thirteenth and Fourteenth Amendments sought to reorder the relationship between federal and state governments by establishing national standards for citizenship and civil rights.

McCulloch v. Maryland: This chapter details the foundational Supreme Court case that upheld the principle of federal supremacy and established the doctrine of implied powers, shaping the federal-state relationship for future generations.

Keywords

Federalism, Civil War Amendments, Fourteenth Amendment, McCulloch v. Maryland, National Sovereignty, State Rights, Supreme Court, Constitution, Implied Powers, Citizenship, Civil Rights, Constitutional Law, Federal Government, Judicial Review

Frequently Asked Questions

What is the fundamental focus of this document?

The document explores the historical shifts in power between the federal government and the individual states in the United States, particularly following the Civil War.

What are the primary thematic areas covered?

The themes include the constitutional evolution of citizenship, the interpretation of federal versus state sovereignty, and the impact of landmark judicial rulings on American governance.

What is the primary research goal?

The goal is to analyze how specific legal and constitutional milestones have altered the balance of authority within the American federal republic.

Which scientific or analytical method is utilized?

The text employs a historical-legal analysis, examining primary court rulings and legislative amendments to track changes in constitutional theory.

What core topics are examined in the main body?

The main body focuses on the implications of the Civil War Amendments on civil rights and the precedent-setting case of McCulloch v. Maryland regarding federal supremacy.

Which keywords best characterize this work?

Key terms include Federalism, National Sovereignty, Fourteenth Amendment, Implied Powers, and State Rights.

How did the Fourteenth Amendment change the federal system?

It acted as a constitutional restraint on state power, ensuring that states could not infringe upon the fundamental rights of American citizens, thereby increasing federal oversight.

Why was the McCulloch v. Maryland case considered a turning point?

It was a turning point because it officially established the supremacy of federal law over state law and introduced the concept of "implied powers" for Congress.

What was the stance of Congressional Republicans after the Civil War?

They advocated for a strong national government with the power to protect civil rights, essentially aiming to secure national citizenship over state citizenship.

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Details

Title
Shifts in Power between the Nation and the States in America
College
The University of Chicago
Grade
B
Author
Philip Diego (Author)
Publication Year
2012
Pages
9
Catalog Number
V271573
ISBN (eBook)
9783656627067
ISBN (Book)
9783656627036
Language
English
Tags
shifts power nation states america
Product Safety
GRIN Publishing GmbH
Quote paper
Philip Diego (Author), 2012, Shifts in Power between the Nation and the States in America, Munich, GRIN Verlag, https://www.grin.com/document/271573
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