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Federalism: Checks and Balances

As an instrument of government, the Articles of confederation had many virtues, however it left too much power to the states, and had to be replaced with a constitution that provided for stronger national power. Everything in politics revolves around interests, but interests and pure force must be balanced for a legitimate government to take place. Legitimacy can be defined as recognized by the general populace. Some governments have tried to derive their legitimacy from the need for defense against a common enemy.

The contract is the general basis for legitimacy in American government; the American people give their consent to the strong national government in return for a guarantee that their fundamental rights will be protected. This idea is known as constitutionalism. There are three fundamental limits involved in the contract, federalism, the separation of powers, and individual rights. The ideal of federalism sought to limit the national government by creating a second layer of state governments. The principle of separation of powers sought to limit the powers of the national government by dividing government against itself-by splitting it into the legislative, executive, and the judicial branches. The principle of indiv


This nationalistic interpretation of the Constitution was reinforced by another major case, that of Gibbons v. Ogden. The issue in this case was whether the State of New York could grant a monopoly to a steamboat company to operate an exclusive service between New York and New Jersey, in opposition to the power of Congress.

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Supreme Court, , James Madison, Bill Rights, Constitution Madison, Nixon Court, Nixon Reagan, House Senate, John Marshall, Gibbons Ogden, national government, separation powers, congress power, sought limit, government expanded, branch government, national government expanded, regulate commerce, local governments, principle separation powers, legislative executive, individual rights, section 8 constitution, branch government means, government local governments,

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Approximate Word count = 1445
Approximate Pages = 6 (250 words per page double spaced)


  

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