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Show MoreFederalism, by definition, is the division of government authority between at least two levels of government. In the United States, authority is divided between the state and national government. “Advocates of a strong federal system believe that the state and local governments do not have the sophistication to deal with the major problems facing the country” (Encarta.com).
Even before the Constitution was ratified, strong argument were made by Alexander Hamilton, John Jay, and James Madison in the Federalist Papers urging the inclusion of a federal form of government to replace the failed confederation. In Federalist Paper No. 9 Hamilton states, “This form of government is a…show more content…
One major leader during this era was Roger B. Tanney, who was the head of the Supreme Court. During this era, there was heated political debate on the issue of slavery. The Dred Scott v. Sanford decision in 1857, this was the first decision to take powers away from the national government. During this time, the Civil War occurred (Nvcc.com).
After the Civil War, with the passage of the Thirteenth, Fourteenth, and Fifteenth Amendments became sources of power for the national government when it came to its jurisdiction over the states. By passing laws against slavery and allowing “equal protection under the law,” the national government gave itself the power to enforce those laws and therefore enhanced authority over the states. The Thirteenth Amendment abolished slavery and in Section 2 stated that “Congress shall have the power to enforce this article by appropriate legislation.” By adding Section 2 to the amendment, Congress was simply ensuring their supremacy over the state governments. Among other things, the Fourteenth Amendment guarantees “equal protection under the law” to all citizens. Since all citizens are guaranteed protection, it is left up to the national government to make sure all citizens are receiving these rights. Even though many thought that the Fourteenth Amendment meant that the Bill of Rights was nationalized, its interpretation by the