The Constitutional Convention, held in Philadelphia in May of 1787, led to the ending of the Articles of Confederation and the birth of the Constitution. It cannot be argued that the Constitution was the result of the failures of the Articles of Confederation. The Articles of Confederation undoubtedly had good virtues but was concerned primarily with limiting the powers of the national government. Under it, Congress was given power to declare war, borrow money and trade but

It states, ° No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law±, (Lowi, 117).

national government stepped in and expanded, it did not alter the basic framework. The national government grew tremendously larger but the states continued to be central to the American government. ° This contrast between national and state governments is all the more impressive because it is basically what was intended by the framers of the Constitution. There is probably no better example in the world history of consistency between formal intentions and political reality±, (Lowi, 75).

The principle of federalism played an important role in advancing the national government but also limiting it. The first and most important case was McCulloch v. Maryland which questioned whether Congress had power to charter a bank. Although this grant was no where explicit in the Constitution, Chief Justice John Marshall took the side of the national government and declared that it was implied from the other powers to levy taxes, borrow money and regulate commerce. ° By allowing Congress to use the cnecessary and proper¯ clause to interpret its delegated powers, the Supreme Court created the potential for an unprecedented increase in national government power±, (Lowi, 76). McCulloch also questioned whether a state had the authority to tax a branch of the U.S. Bank. Marshall once again took the side of the national government arguing that a state law that was in conflict with the federal law would be deemed invalid since the law of the U.S. is the supreme law. Late!

erimeters between just and unjust. Allowing for the distribution of powers among the national and state governments and also within the different branches of the national government, the Constitution provided as a means for providing protection from the government as well as protection by the government.

Along with dual-federalism, another method is set up in the Constitution to split the power within the federal government itself. This second principle is known as °The Separation of Powers.± The importance of this is mentioned by James Madison, ° There can be no liberty where the legislative and executive powers are united in the same person' or if the power of judging be not separated from the legislative and executive powers±, (Lowi, 100). Besides from creating three different branches, the secret to making this work is the fact that each of the branches can participate in the other two by the means of °checks and balances.

Some common words found in the essay are:
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Approximate Word count = 1793
Approximate Pages = 7 (250 words per page double spaced)