St ul rev 517 spring critiquing the courts new

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Unformatted text preview: tain powers that enable the polity collectively to achieve the goals that it sets for itself. Under the U.S. Constitution, the national government has many powers that fit this description. The commerce power, spending power, and various military powers have all been used many times to achieve through direct action by the national government objectives that the American polity has collectively decided will make it better off. The commerce power alone, for example, has given us environmental regulation; social, health, and welfare programs; most of the administrative state; and even much of our civil rights legislation, to name only a few of its principal uses. 8|Page Federalism DA Affirmative BDL Strong Federal Government Good – Liberty [___] [___] And changing times demand a national response – problems are now national, not local Evan Caminker, Law Professor, University of Michigan, 2001 (ANNALS OF THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE, March, p. 88 -9) Madison was right; over the course of two centuries, we have become a unified nation with primarily national rather than state affiliations and loyalties. The prevailing early sentiment that states were better guardians of individual liberty was substantially repudiated in the Civil War era, with the opposite sentiment being reflected in the Reconstruction Amendments' broad grants of congressional power to enforce individual rights against states. The prevailing early sentiment that states were primary and better repositories of the general police power was substantially repudiated in the New Deal era, when Congress acquired concurrent authority to exercise a good deal of the modern police powers. Indeed, the domestic issues most prominently addressed by national politicians today include education, crime, medical care, and welfare--the staples of the states' traditional police powers. Finally, modern developments in transportation and communication technologies have enabled a physical mobility and communicative connectedness that, by and large, lead us to perceive ourselves as national citizens first and state citizens second. 9|Page Federalism DA Affirmative BDL Strong Federal Government Good – Tyranny [___] [___] Turn – federal power is necessary to check state power James Gardner, Professor of Law, State University of New York, 2003 (GEORGETOWN LAW JOURNAL, June p. 1010-11) The multiplicity of power centers in the American scheme can create the impression that the system is chaotic--a pure, Hobbesian war of all against all without any purpose other than the accumulation of power. This is not the case--or at least need not be the case. In the Framers' view, what unifies the dispersion of governmental power is the people, for the entire system is designed to assure as far as possible that their wishes be done and their liberties left intact. “The Federal and State Governments," Madison observes, "are in fact but different agents and trustees of the people, instituted with different powers, and designated for different purposes." Federalism is thus more than a passive...
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This document was uploaded on 02/06/2014.

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