This will be shown by examining how the Constitution ensures and upholds American ideas of rights, defines governmental structures, allows for an increase in governmental growth, and permits the Supreme Court to shape and define public policy through Constitutional interpretation. ...
Dual federalism also calls for a very strict reading of the Necessary and Proper Clause as well as focusing on the idea that the Constitution is an agreement between the states and the federal government. ... Justice Marshall's interpretation of the Constitution was premised on the notion that the national government was the creation of the people and not the states and that Article VI established federal law as the supreme law of the land (Supremacy Clause). ... His loose interpretation of the Necessary and Proper Clause and most obviously, the creation of the Supremacy Clause are fu...
The framers of the Constitution of the United States faced the dual challenge of providing a system strong enough to protect the citizens, while assuring that the citizens would not be oppressed. Ideas for the Constitution were borrowed from centuries of experience including the Magna Carta, Eng...
