Simone Lawson
The US Constitution's impact on federal power has been a subject of debate, with some arguing that it decreased state power by consolidating authority in a national government, while others contend that it strengthened state power by providing a framework for cooperation and coordination. The Constitution's establishment of a federalist system, with enumerated powers for the federal government and reserved powers for the states, has been central to this discussion. Amendments like the Thirteenth and Fourteenth further shaped federal-state dynamics, with the former abolishing slavery and the latter enhancing federal constraints on state governments. The interpretation and application of the Constitution's principles have evolved over time, with court rulings and political contexts influencing the perception of federal power.
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What You'll Learn
Federalism and the overall scope of federal power
The US Constitution, which replaced the Articles of Confederation, established a federal government with powers that the states lacked under the Articles. The Constitution also enabled the federal government to act directly on behalf of the citizenry without going through the states. Article One of the Constitution establishes the legislative branch of the federal government, the United States Congress, and grants it various enumerated powers, including the ability to pass laws "necessary and proper" to carry out those powers. The Vesting Clause of Article One grants all federal legislative power to Congress, which consists of the House of Representatives and the Senate. This separation of powers among the three branches of the federal government is further reinforced by Article II, which confers executive power upon the President, and Article III, which grants judicial power to the federal judiciary.
The Tenth Amendment reinforces the principle of limited federal power by stating that any powers not delegated to the federal government by the Constitution are reserved for the states or the people. This protects state power by limiting the federal government's ability to act. James Madison, who wrote much of the Constitution, asserted that Congress could not exercise powers unless they were expressly granted in the Constitution. For example, Madison vetoed the Federal Public Works Bill of 1817, arguing that the federal government lacked the authority to build infrastructure.
Federalism at the founding can be characterised as "Enumerated Powers Federalism", with the national government conceived as having limited and enumerated powers, leaving states with all remaining powers. However, federalism evolved after the Civil War, with the Thirteenth Amendment eliminating states' power to enforce slavery and the Fourteenth Amendment placing new federal constraints on state governments to protect citizens' rights.
Despite these expansions of federal power, some argue that the Constitution did not decrease the power of the states. James R. Rogers suggests that the merger of state powers into a national government resulted in increased state powers due to the elimination of deleterious competition among states and improved coordination on policies.
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Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch (makes the law), the executive branch (enforces the law), and the judicial branch (interprets the law). This system of checks and balances prevents any one branch from becoming too powerful and ensures that each branch has its own authority, while also depending on the authority of the other branches for the government to function.
The doctrine of separation of powers, implemented by the Framers in drafting the Constitution, was based on several generally held principles. These included the separation of government into the three aforementioned branches, the concept that each branch performs unique and identifiable functions, and the proscription against any person or group serving in more than one branch simultaneously.
The legislative branch consists of a Senate and House of Representatives, which together make up the United States Congress. The Legislative Vesting Clause, along with the Executive and Judicial Vesting Clauses, delineate the powers the Framers accorded to the National Government’s Legislative, Executive, and Judicial Branches.
The executive power is vested, with exceptions and qualifications, in the President, who becomes the Commander-in-Chief of the Army and Navy, and the Militia of several states when called into service. The President has the power to make treaties and appointments to office "with the Advice and Consent of the Senate", receive Ambassadors and Public Ministers, and "take care that the laws be faithfully executed".
The judicial branch interprets the law and can check the other two branches through judicial review. The impeachment power gives Congress the authority to root out corruption and abuse of power in the other two branches.
While the Constitution largely effectuated these principles, the separation of powers was not rigid, and the Framers incorporated a system of checks and balances. For example, the Constitution allows the President to veto legislation, but requires the President to gain the Senate’s consent to appoint executive officers and judges or enter into treaties.
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Congress's investigative powers
The US Constitution, which replaced the Articles of Confederation in 1787, established a national government with limited and enumerated powers, directly granted by the people. The Tenth Amendment reinforces this principle, stating that any powers not delegated to the federal government are "reserved to the states respectively, or to the people".
The investigative powers of Congress are broad but not unlimited. They are tied to its authority to legislate. Congress can investigate a wide range of issues, from steroid abuse in sports to the use of weather satellites, and even presidential abuses of power and corruption. It can also investigate issues that may require future legislation and oversee federal departments and executive agencies.
While Congress can investigate criminal conduct, it cannot bring criminal charges or initiate prosecutions. If evidence of criminal activity is uncovered, Congress may refer the matter to the Department of Justice for further investigation and potential prosecution.
The Supreme Court has ruled that Congress must restrict its investigations to "legislative purposes" and avoid interfering in the private affairs of individual citizens. The doctrine of separation of powers also limits Congress's investigative authority, preventing it from usurping the powers of other branches of government. For example, Congress cannot investigate matters within the President's discretion, such as an individual's entitlement to a pardon.
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Federal power and state interests
The US Constitution, which replaced the Articles of Confederation, has been interpreted differently by various scholars when it comes to federal power and state interests. Some argue that the Constitution increased federal power at the expense of state power, while others, like James R. Rogers, contend that it did not decrease the power of the states.
Rogers puts forth a counter-intuitive argument, stating that the consolidation of powers in a single national government does not necessarily represent a decrease in state power. Instead, he suggests that the merger of state powers into a national government may have resulted in increased state power. This perspective highlights the distinction between the interests of state officials and the interests of the states themselves.
The Constitution's impact on federal power and state interests can be examined through the lens of "Enumerated Powers Federalism." Under this framework, the national government was envisioned as having limited and enumerated powers, with state powers encompassing everything else. The Tenth Amendment reinforces this principle by stating that powers not delegated to the federal government are reserved for the states or the people.
The Constitution's role in shaping federal-state relations has evolved through distinct phases, including post-Founding, post-Civil War, post-New Deal, and the era from the Rehnquist Court to the present. The Civil War marked a significant shift in federalism, with the Thirteenth Amendment eliminating the power of states to enforce slavery within their borders. The subsequent passage of the Fourteenth Amendment further constrained state governments by granting Congress the power to enforce fundamental rights protections for citizens.
In summary, the interpretation of the US Constitution's impact on federal power and state interests is a complex and nuanced topic. While some argue that the Constitution strengthened federal authority, others, like Rogers, offer a different perspective, suggesting that the consolidation of powers can lead to increased state influence. The evolution of federalism and the separation of powers between different branches of the federal government have shaped the dynamic between federal and state authorities over time.
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The Constitution and slavery
The United States Constitution, which came into force in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document. The Constitution prohibited federal interference with the international slave trade until 1808 and required states to return fugitive slaves. It also provided that, for representation in Congress, enslaved Black people in a state would be counted as three-fifths of the number of white inhabitants of that state. This was known as the Three-Fifths Compromise.
Many historians have emphasised that the Three-Fifths Compromise preserved disproportionate power for slaveholding states and was inherently discriminatory. States gained additional representation in Congress and in the Electoral College, thereby entrenching slavery in the national political framework. The Constitution's Fugitive Slave Clause and Three-Fifths Clause have been described as "the bricks and mortar of the proslavery Constitution".
However, there are also arguments that the Constitution was antislavery. Congress was granted the power to make "all needful rules and regulations" for the territories, and it was widely understood that this authorised the federal government to ban slavery in these territories. The Fifth Amendment declares that “no person” could be deprived of life, liberty, or property without due process of law, and the Preamble states that the purpose of the federal government was to "secure the blessings of liberty".
Ultimately, it took a Civil War and constitutional amendments to eliminate slavery. The Thirteenth Amendment, enacted by Republicans in Congress, eliminated the power of states to enforce slavery within their borders. The Fourteenth Amendment, also enacted by Republicans, forbade states from violating the fundamental rights of their citizens, including life, liberty, and property without due process, and equal protection.
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Frequently asked questions
The Constitution, ratified by the people in state conventions, provided the national government with powers it previously lacked under the Articles of Confederation. It also ensured that the government could act on behalf of the citizenry directly without going through the states.
However, it is important to note that federalism, or the balance of power between the federal and state governments, has waxed and waned throughout history.
Article One of the Constitution establishes the legislative branch of the federal government, the United States Congress, and grants it various enumerated powers. It also outlines the procedures for passing a bill and places limits on the powers of Congress and the states to prevent abuse. The Vesting Clause of Article One, along with the vesting clauses of Articles Two and Three, establishes the separation of powers among the three branches of the federal government.
While the Constitution did increase federal power, it is debated whether it decreased the power of the states. Some argue that the states' individual actions failed to provide for their common interests, and by merging their powers into a national government, they were able to pursue their interests more effectively. Additionally, the Tenth Amendment reinforces the principle that any powers not delegated to the federal government by the Constitution are reserved for the states or the people.
Federalism has evolved through distinct phases, including post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The Civil War marked a shift in federalism, with the Thirteenth Amendment eliminating states' power to enforce slavery. The Fourteenth Amendment further constrained state governments by granting Congress the power to enforce fundamental rights protections.
