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Federal Government vs. States's Rights

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Discuss the following:
How was the conflict between supporters of a strong federal government and champions of states's rights characterized in the past as opposed to now? Please Identify specific issues to strengthen your discussion.

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Solution Summary

This solution identifies why a Constitution was needed after the American Revolution and the failure of the Articles of Confederation. It discusses how the framers were compromised; particularly on the issue of states rights versus the power of the federal government. It also discusses the sovereignty of the state with respect to the Tenth Amendment and provides two examples of current conflicts between the two entities.

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The weaknesses of the Articles of Confederation reflected the nation's concerns about executive power; however, the lack of an executive power meant there was no effective leadership. A unanimous vote of the states, acting through their legislatures, was necessary to amend the Articles.

The American Revolution and the Declaration of Independence had made the American's realize that they did not want to emulate England's excessive executive power. Te idea that the people were the source of power was included in the Constitution and governments, which get their power from the consent of the governed, are created to protect the rights.

The Delegates to the Constitutional Convention had many concerns, one of the key issues being congressional representation. The Virginia plan established three branches of government that we have today. Its legislative branch was a Congress with two houses; an executive chosen by the legislature, a judiciary, with life-terms of service and vague powers, and the national legislature would be able to veto state laws. The second option known as the New Jersey Plan, s. refused the Virginia Plan saying that it solely benefited the larger states at the expense of the smaller state. This plan instead called for only one congressional house, with all ...

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