FREE ESSAY ON STRICT CONSTRUTIONALISM |
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STRICT CONSTRUTIONALISMThe Possibilities of a Strict Interpretation of the Constitution The Supreme Court ruling on McCulloch vs. Maryland dramatically impacted the United States. The life of every American would have been more dependent on the States rather than the United States. The emphasis of power would focus on the sovereignty of the local, or State, branches of the government. This is the exact opposite of our currently domineering federal government. The United States would have become a totally different nation if the doctrine of strict constructionism had been followed. The first difference of life would be the support the national government would both give and receive. The federal government would be far less bureaucratic. This is mainly because the government would not have the funds for it. They would demand less in taxes and would have much less to spend it on. The government would not have any assistance programs to spend its money on. The Social Security Act would not exist unless it was administered through State government. Another part of the government that would be altered would be the act of factioning. Without liberal constructionism, the government would probably been split up during the Civil War. The emphasis on State control would have overridden the necessity to preserve the Union. The power of the States would prove superior to the rights and privileges of the national government, thus giving the authority to separate from the Union to the States. The government from would be much reminiscent of a confederation. The United States would not really be united at all. The inability to make useful and convenient laws would ultimately cause a separation in the legal system. There would be no way of the national government to regulate any State rules. Without liberal constructionism, the United States would not be advanced as a world super power. The United States government would not have been able to connect a nation. The United States would not have had the opportunity to create a highway system or a communication network. The advances would also be hampered by the inability to create NASA or other government funded research initiatives. Without such program our nation would have lost the space race and probably would have had many more casualties in the various fighting capacities it has taken on. Liberal constructionism is, was, and will be vital to the survival of the nation. Liberal constructionism, in essence, is vital in uniting the nation. Without this interpretation our nation would be much worse off. The Supreme Court justices in retrospect made a wise decision when favoring McCulloch. Despite the vehement hate towards a strong federal government, the governments of this world simply cannot operate when power is centered in local governments. Bibliography none |
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