Simone Lawson
The US Constitution outlines the powers of decision-makers through its various articles and amendments. The Tenth Amendment, for instance, clarifies that any powers not explicitly granted to the federal government are reserved for state and local governments, emphasizing the limited scope of federal authority. The Constitution also defines the roles of Congress, the President, and the judiciary, outlining their respective powers and responsibilities. Congress, composed of the Senate and House of Representatives, holds legislative powers, including the ability to lay taxes, regulate commerce, and make laws. The President, as the Commander-in-Chief, executes federal laws, controls executive officers, and has the power to grant pardons. The Constitution also grants the Senate the power to try impeachments, with specific procedures outlined. These provisions establish a framework for decision-making authority within the US government, shaping the dynamics between federal and state powers.
| Characteristics | Values |
|---|---|
| Powers of the federal government | Enumerated and limited |
| Powers of the states | Reserved for unenumerated powers |
| Rights of the people | Not fully enumerated |
| Congress powers | Lay and collect taxes, borrow money, regulate commerce, establish rules of naturalization, coin money, provide for punishment of counterfeiting, etc. |
| Senate powers | Try all impeachments, fill vacancies during recess |
| Presidential powers | Commander-in-Chief, grant reprieves and pardons (except in impeachment cases), execute federal laws, control executive officers, etc. |
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What You'll Learn
The Tenth Amendment and powers of the federal government
The Tenth Amendment to the US Constitution was ratified on December 15, 1791, as part of the Bill of Rights. The Amendment clarifies the powers of the federal government, stating that any powers not specifically given to the federal government are reserved for the states or the people. The text of the Amendment is as follows:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Tenth Amendment has been interpreted as a limitation on the powers of the federal government, with the Supreme Court declaring it a "truism" that the federal government only possesses the powers granted to it by the Constitution. The Amendment reinforces the principles of federalism and state sovereignty, ensuring that the federal government cannot infringe on the rights and powers of the states.
The Tenth Amendment has been invoked in several Supreme Court cases to determine the boundaries of federal power. For example, in United States v. Alfonso D. Lopez, Jr. (1995), the Court ruled that federal laws establishing "gun-free zones" on public school campuses were unconstitutional, as the Constitution did not authorise such legislation. Similarly, in South Carolina v. Baker (1988), the Court held that the Tenth Amendment prohibits the federal government from forcing states to pass or enforce certain legislation.
The Tenth Amendment has been used to both expand and contract the authority of the federal government and remains a core debate between federal and state power.
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The President's powers and the Take Care Clause
The US Constitution's Article Two, Section 3, outlines the President's responsibilities and powers. This includes the power to convene both Houses of Congress, receive foreign representatives, and commission federal officers. Notably, the Take Care Clause, also known as the Faithful Execution Clause or Faithfully Executed Clause, requires the President to "take Care that the Laws be faithfully executed".
This clause imposes a duty on the President to enforce the laws of the United States, even if they disagree with the purpose of the law. It grants the President broad enforcement authority, but also serves as a limitation on that power, reminding the President that they cannot make laws by themselves. The Supreme Court has affirmed this interpretation, noting that the President's power to recommend legislation emphasizes that it is Congress's function to legislate.
The Take Care Clause has been a central point of debate regarding the scope of presidential power. For example, Presidents Andrew Johnson and William Clinton were impeached, at least in part, for allegedly violating their duties under the Take Care Clause.
The Clause also raises questions about the President's relationship to other executive agencies and the enforcement of criminal laws. Some argue that the President has the power to inspect and control the conduct of subordinate executive officers, while others see the President's role as more limited, such as holding criminally negligent officials accountable.
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Congress's powers and lawmaking
The Constitution of the United States established the legislative branch, known as the Congress, in its first article. Congress enacts laws that influence the lives of all Americans and acts as the voice of the people. It is a bicameral legislature, consisting of two institutions: the House of Representatives and the Senate. Each state elects representatives and senators to serve in Congress.
Congress has numerous powers, including the power to lay and collect taxes, duties, imposts, and excises, as well as to pay debts and provide for the common defence and general welfare of the United States. It can also borrow money on the country's credit, regulate commerce with foreign nations and Native American tribes, and establish uniform rules of naturalization and bankruptcy laws. Congress can coin money, regulate its value, and fix the standard of weights and measures.
Congress also has the power to admit new states into the Union and make rules and regulations regarding US territories and property. It can propose amendments to the Constitution and specify ratification methods. Congress can withhold consent from any US officer accepting foreign titles or honours and control state laws regarding duties on imports and exports. It can also regulate the manner in which the District of Columbia appoints electors.
Congress plays a crucial role in lawmaking. No bill can become a law without passing both houses of Congress. The House of Representatives and the Senate work together to pass legislation, although they have distinct roles and responsibilities. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having at least one representative. The Senate, on the other hand, has the sole power to try impeachments, including those of the President. Senators are elected for six-year terms, with one-third of the Senate up for re-election every two years.
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The Senate's powers and impeachment
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, section 2). The Senate, on the other hand, has the "sole Power to try all Impeachments" (Article I, section 3). The president, vice president, federal judges, and all civil officers of the United States are subject to impeachment. Civil officers include any presidentially appointed "principal officers", such as heads of agencies, secretaries, administrators, and commissioners. However, federal civil service employees are not subject to impeachment as they do not exercise "significant authority" and are not appointed by the president or an agency head.
The impeachment process involves the House of Representatives charging an official of the federal government by approving, through a simple majority vote, articles of impeachment. The House of Representatives acts as the prosecutor in the Senate, which sits as a High Court of Impeachment. The Senate considers evidence, hears witnesses, and votes to acquit or convict the impeached official. A two-thirds majority is required to convict an official, removing them from office. Additionally, the Senate can, with a simple majority vote, bar an individual from holding future federal office.
The Senate trial is not a criminal proceeding but rather resembles a civil service termination appeal. Therefore, the removed official may still be liable for criminal prosecution under a subsequent criminal proceeding. The president may not pardon in an impeachment case but can in any resulting federal criminal case.
Throughout US history, several presidents have faced impeachment charges, including Presidents Johnson, Clinton, and Trump, who all remained in office following acquittals by the Senate. Former President Richard Nixon resigned after Congress initiated the impeachment process in 1974. Additionally, at least eleven US state governors have faced impeachment trials, and several others have resigned rather than face impeachment.
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Supreme Court decisions and the Tenth Amendment
The Tenth Amendment to the US Constitution, ratified on December 15, 1791, clarifies that any powers not specifically given to the federal government, nor prohibited by it to the states, are reserved for the states or the people. The text of the amendment reads:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Tenth Amendment has been interpreted as a limitation on the federal government, enumerating its powers and preventing it from infringing on civil liberties. Several Supreme Court decisions have invoked the Tenth Amendment to determine whether the federal government has overstepped its authority.
One notable example is the 1997 case of Printz v. United States, where the Supreme Court reaffirmed states' rights and the Constitution's anti-commandeering provisions. The court ruled that the federal government could not require state and local officials to perform background checks on individuals purchasing firearms, as it violated the Tenth Amendment. The ruling highlighted the importance of federalism and the limits on congressional authority to issue orders directly to the states.
Another case that invoked the Tenth Amendment was United States v. Alfonso D. Lopez, Jr. in 1995. The court ruled that federal laws establishing "gun-free zones" on public school campuses were unconstitutional, as the Constitution did not authorize them. This decision limited the federal government's ability to enact policies through the Commerce Clause.
The Tenth Amendment has been used to both expand and contract the authority of the federal government, and it continues to play a crucial role in the ongoing debate between federal and state powers.
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Frequently asked questions
The Tenth Amendment clarifies that the Bill of Rights does not enumerate all possible rights of the people, but it does enumerate all the federal government's powers. It states that any powers not specifically given to the federal government are reserved for the states and the people.
In United States v. Alfonso D. Lopez, Jr. (1995), the ruling limited the federal government's authority to enact policies through the Commerce Clause by determining that federal laws establishing "gun-free zones" on school campuses were unconstitutional. In Printz v. United States (1997), the Supreme Court ruled that federal law could not compel state law enforcement officers to administer a federal statute, upholding the "anti-commandeering" principle.
The U.S. Constitution grants Congress the power to lay and collect taxes, duties, imposts, and excises; to borrow money; to regulate commerce with foreign nations and among the states; to establish a uniform rule of naturalization and uniform laws on bankruptcy; to coin money and regulate its value; and to provide for the punishment of counterfeiting, among other powers.
To be a Representative in the House, one must be at least twenty-five years old, have been a citizen of the United States for at least seven years, and be an inhabitant of the state in which they are chosen when elected.
The U.S. Constitution grants the President the power to execute federal laws and control executive officers, grant reprieves and pardons for offenses against the United States (except in cases of impeachment), fill vacancies during the recess of the Senate, and act as Commander-in-Chief of the Army, Navy, and Militia of the several states, among other powers.
