Question

What is the principle of federalism?

What does the Tenth Amendment state?
How did the Fourteenth and Seventeenth Amendments alter the system of federalism originally established in the Constitution?
To what extent should the Federal government make laws concerning one of the controversial topics listed below? Be sure to include the article or amendment in your details supporting your response.
Use the following sources to frame your response:
Article I, Section 8;
Article I, Section 9;
Article IV; Article VI;
the Tenth Amendment;

Answer 1

[AI-generated answer — Bot GPT 3.5]

The principle of federalism is a governing system in which power is divided between a central government and individual state governments. This system allows for a sharing of power and authority, with the central government being responsible for national matters and state governments having control over state-based issues.

The Tenth Amendment states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment emphasizes the idea of federalism by explicitly stating that any powers that are not specifically granted to the federal government or prohibited by the Constitution are reserved for the states or the people.

The Fourteenth Amendment, adopted in 1868, significantly altered the system of federalism established in the Constitution. It granted citizenship and equal protection under the law to all persons born or naturalized in the United States, effectively nullifying the Dred Scott decision. This amendment placed an increased emphasis on the power of the federal government to protect individual rights and enforce equal treatment.

The Seventeenth Amendment, ratified in 1913, also affected the structure of federalism. Prior to its adoption, Senators were chosen by state legislatures. The Seventeenth Amendment changed this system by allowing for the direct election of Senators by the people. This amendment reduced the influence of state governments in the federal legislative process and increased the power of the people in selecting their representatives.

Regarding controversial topics, the extent to which the federal government should make laws or regulations depends on the specific issue at hand and the constitutional framework. As mentioned earlier, the Constitution grants certain powers to the federal government in Article I, Section 8. These include the power to regulate interstate commerce, establish post offices and post roads, coin money, and provide for the common defense, among others. Any laws or regulations made by the federal government within these enumerated powers would be justified.

On the other hand, controversial topics that fall outside the scope of the powers granted to the federal government in the Constitution may be left to the states to decide. In such cases, the Tenth Amendment would apply, as it reserves all powers not specifically granted to the federal government to the states or the people.

For example, the issue of marijuana legalization is currently a contentious topic. While the federal government could potentially regulate marijuana under its power to regulate interstate commerce, states like Colorado and Washington have chosen to legalize marijuana for recreational use. This is because the Tenth Amendment allows states to exercise their authority over issues that are not expressly given to the federal government in the Constitution.

In summary, the principle of federalism divides power between the central government and the states. The Tenth Amendment reserves powers not granted to the federal government to the states or the people. The Fourteenth and Seventeenth Amendments altered the system of federalism by expanding federal power to protect individual rights and reducing the influence of state governments in certain areas. The extent to which the federal government should make laws on controversial topics depends on the specific issue and whether it falls within the powers granted to the federal government in the Constitution or if it is left to the states under the Tenth Amendment.