Cooperative Federalism Research Paper

The argument against the power the states hold and the power of the federal government has been going on since before the founding of America. If the states and the federal government did not have the right amount of power it could be a really bad situation for the nation, this is why federalism in our government is so important. Federalism is when a government's power is divided amongst central and lower levels of government. Throughout the history of the United States, there has been different variations of Federalism. From the founding of america until nineteen thirty-seven there was a form a federalism called dual-federalism, after the new deal was created The U.S. went to cooperative federalism until around the nineteen-sixties. For a …show more content…
Without this provision included in the constitution it would be bad due to how much our government gets involved with international commerce in the first place. The commerce clause does go a bit deeper than that though, it regulates commerce internationally, throughout all of the fifty states and even indian tribes as well. Without all of this the nation would be in severe trouble because someone must be in control of regulating all of the commerce that is going on that involves the United …show more content…
This clause gives congress the power to pass laws that they think are necessary to function as a government. This is used so that they can enforce the enumerated powers. Enumerated powers are the powers that are specifically in the constitution and describe how each branch of the government should function and run. This is important because congress needs this power so that they can be allowed to create and follow through with laws that will carry out the laws stated in the constitution. The elastic clause has been used multiple times throughout American history, for example, McCulloch vs Maryland. McCulloch vs Maryland found that with implied powers granted in the necessary and proper clause congress legally could charter a national bank. Another example where the necessary and proper clause was being used was during the case United States vs. Comstock. Comstock was considered as a threat and the lawyers had reason to believe that once he was going to be released from his shorter sentence that he would commit a federal crime. This is called civil commitment which by definition is “court-ordered institutionalization of a person suffering from mental illness, alcoholism, or drug addiction usually upon a finding that the person is dangerous to himself or herself or to others”. The elastic clause gave congress the power to demand civil commitment to anybody who is

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