The authority of legislation and taxing as mere duties of federal government Essay
The authority of legislation and taxing as mere duties of federal government, 498 words essay example
Essay Topic: government
The American Constitution operates in order to create confederation between various states those collectively bless the country with a unified identity, and therefore, a leading federal system is required that could supersede the authority of individualistic and isolated governments. However, Americans are preserving federalism due to the need to keep the nation united. The authority of legislation and taxing are mere duties of federal government, but some legal experts consider the central system as offensive in nature because it unduly interferes with the lives of common people.
However, Clause 1 section 8 of the constitution argues that centralized government has the power to place excise duties, taxes and laws to ensure common good for the public of America. The Supremacy Clause further authenticates previously provided strengths. The federal system is "Watcher's Fleet" that regulates political climate in order to uproot corruption in the system, but injustice clause of Declaration of Independence counters provision of blind and uncontrollable power of legislation to the federal government. In the view of presented and most prestigious legal document, central government should provide logical reasoning for increase in taxes, duties and new laws, and if the masses do not find new policies acceptable then, they could challenge them (Kubrin and Stucky, 143). The government is ethically bound to heed the word of general public in this regard, and should make proper and measurable changes in the law to accommodate the wishes of common people (PBS, Legacy of President Franklin Roosevelt).
The case of "McCulloch vs. State of Maryland" found the decision of Maryland Court of Appeals as void and baseless due to the fact that challenged court order was in violation of American Constitution, and therefore, Supreme Court had to reverse the decision in order to uphold the spirit of constitutional law. The Supreme Court further affirmed that central government has to overview the decisions of subliminal courts in order to see if they are adequately aligned with the spirit of the constitution.
"Gibbons vs. Ogden" presented a dilemma pertaining to the application that requested the State of New York to sanction the applicant to enter and exit waters of the region by steam or fire boats. The application was accepted by state authorities, but Supreme Court was requested to see if the granted permission had a legally valid stature. The SC found out that navigation via steam and fire boats was prohibited by present laws of the New York, and therefore, the preceding decision was reversed, and the applicant was ordered not to use his present fleet to enter or exit in the waters of New York.
Both of the cases gave power to federal government to oversee the operations of local and state administrations. The federal government is responsible for taking corrective measures, and it has to rectify mistakes made by localized bodies. The federal system remains under tight scrutiny from publicized pressure and social groups (Siegel and Worrall, 213). In this way, general public is controlling key and vital policy areas of the country.