Managing Constitutional Uncertainties and the Constant Conflict between the Federal and State Governments in the United States of America

Abstract

Despite successfully setting out a novel form of government, the Constitution of the United States of America drafted in 1787 has not remained without uncertainties. This thesis contributes to the area of study of US constitutional law by examining whether and how these uncertainties have remained unresolved, and how the United States has been managing these uncertainties since its founding.

It will also establish that these uncertainties have created a constant conflict between the federal and state governments, which also had to be managed by the United States differently throughout the various eras.

In order to demonstrate the above, the thesis will examine the development of three fundamental areas of the Constitution: the Commerce Clause, the protection of fundamental rights and the Guarantee Clause. The findings of the thesis will identify four links between the development of these areas of constitutional law: 1) the management of constitutional uncertainties, 2) the management of the constant conflict between the federal and state governments, 3) the living constitutional values approach, and 4) the purpose of the creation of a uniform national system.

The thesis will conclude that the diverging approaches adopted by the federal government since the Founding era in these areas have created a further uncertainty about how the federal government will manage these uncertainties and the constant conflict at any given time.