Tenth Amendment

Throughout the last 200 years of American history, the United States has maintained a society of dual and cooperative federalism. Federalism was created to divide power between central and state governments. Over the years, there has been a long lasting debate between federalists and antifederalists about limited government, which system to use, and how to use it. James Madison and Donald Trump are candidates of similar theories of dual federalism. They believed that states should have more power and have more say in decisions of welfare for its’ people and the country.

Bush and our previous president, Barack Obama, desired that the federal government have more power with their views of cooperative federalism. Dual federalism permits jurisdiction to be split between the federal government and state governments. Anti Federalists believed that they were portrayed a ‘zombie’ with the establishment of the Necessary and Proper Clause, which guided them to assimilate the tenth amendment that gave the government powers to exercise laws that are limited and enumerated. Including the tenth amendment helped the states have more power without taking too much from the government.

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States can agree to amend or ratify the constitution, which deprives the federal government of excessive power. The U. S. government uses the fourteenth amendment to keep states from taking basic, civil rights away from people, which gives more power to the government (cooperative federalism). The Necessary and Proper clause was created to give more power to the government which is opposite of the tenth amendment. It gives the government more power to make and pass any laws that they feel is necessary. The power for the government to incorporate grants makes money an example of enforcing the states to have a say in government decisions.

The commerce clause affects states because it gives power to the federal government to regulate with trade among states and foreign nations, which keeps the states from cooperating with foreign nations themselves. In essence, dual federalism is a stronger form of government. Dual federalism covers the rights and liberties of the people, whereas cooperative federalism maintains its’ focus on higher federal governing, such as grants to enforce cooperation in the government. The antifederalists would’ve signed the constitution only if there were a Bill of Rights, in which the tenth amendment is incorporated, was added.

The Bill of Rights are the first ten amendments to the Constitution. They wanted a Bill of Rights because they felt as if the Necessary and Proper clause had too much power, so therefore, it would give more power for the states. Education is not considered an enumerated or prohibited power according to the Constitution. The power to control education is among the states. The right to control education is being stripped from the states because of the elastic clause. The government forces states to require tests that students must take to graduate high school, which proves that cooperative federalism gives the federal government excess power.