Jonah Patel
The United States Constitution, the supreme law of the United States, consists of seven articles that delineate the frame of the federal government. The Constitution divides the government into three branches: the legislative, executive, and judicial, each with different powers and a system of checks and balances to prevent any one branch or group within the national government from becoming too powerful. The Tenth Amendment to the Constitution further specifies that powers not explicitly granted to the federal government are reserved for state and local governments. This amendment recognizes the powers of state governments, including police powers of health, education, and welfare, and grants them the authority to pass intrastate legislation on matters such as commerce, drug use, and marriage. While the federal government can supersede state laws in certain cases, the states retain a considerable degree of sovereignty and are free to experiment with their own standards for social problems.
| Characteristics | Values |
|---|---|
| Powers of state governments | Police powers of health, education, and welfare |
| Powers of federal government | Enumerated in the Constitution |
| Powers of local governments | Counties, boroughs, parishes, municipalities, townships, villages, cities, towns, school districts, fire protection districts |
| Branches of federal government | Legislative, executive, judicial |
| Branches of state government | Executive, legislative, judicial |
| Branches' powers | Congress makes laws, the executive enforces laws, and the judiciary tries cases |
| System of checks and balances | No branch can function without the cooperation of the others, and each branch can restrict the powers of the others |
| Supremacy | In the event of a conflict between the states and the national government, the national government would triumph |
| Amendments | Fourteenth Amendment, Fifteenth Amendment, Tenth Amendment |
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What You'll Learn
The Tenth Amendment
The text of the Tenth Amendment states: "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." This amendment was introduced in Congress by James Madison, and it addressed concerns raised by several states during the ratification process of the Constitution. The states sought to ensure that their powers were protected and that the federal government's authority was limited to only those powers explicitly granted in the Constitution.
The Supreme Court has invoked the Tenth Amendment in several significant cases to determine whether the federal government has overstepped its authority. 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 authorize such legislation. Similarly, in Cooper v. Aaron (1958), the Court found that Arkansas could not delay the desegregation of schools, as it contravened the Constitution's prohibition of racial segregation in public schools.
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Local government tiers
The US Constitution recognises the power of local government through the Tenth Amendment, which states:
> “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.”
Local governments generally include two tiers: counties, also known as boroughs in Alaska and parishes in Louisiana, and municipalities, or cities/towns. In some states, counties are further divided into townships. Municipalities can be structured in many ways, as defined by state constitutions, and are called townships, villages, boroughs, cities, or towns. Various kinds of districts also provide functions in local government outside county or municipal boundaries, such as school districts or fire protection districts. Municipal governments are generally organised around a population centre.
Each state has its own written constitution, and these documents are often far more elaborate than their federal counterpart. For example, the Alabama Constitution contains 310,296 words, which is more than 40 times as many as the US Constitution. All state governments are modelled after the federal government and consist of three branches: executive, legislative, and judicial.
The legislative branch of state governments consists of a bicameral legislature made up of two chambers: a smaller upper house (the Senate) and a larger lower house (usually the House of Representatives). The judicial branch is usually led by the state supreme court, which hears appeals from lower-level state courts.
While the federal government possesses significant authority, the Constitution explicitly confines that authority to the powers it lists. The Tenth Amendment to the US Constitution concerns the power dynamic between the federal and state governments. It specifies that every power not granted to the federal government is delegated to state governments. In other words, if the Constitution grants a specific power to the federal government, it is its power alone, and every unenumerated power is a power reserved for the states.
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State constitutions
The US Constitution recognises the power of local governments, reserving powers for the states and the people. Each state has its own constitution, and these documents are often far more detailed than the federal constitution.
State legislatures, consisting of two chambers, create state laws and fulfil governing responsibilities. The upper chamber is called the Senate, and its members generally serve longer terms, usually four years. The larger lower chamber is often called the House of Representatives, but some states refer to it as the Assembly or the House of Delegates, with members serving shorter terms, often two years.
The state judiciary, led by the state supreme court, interprets state laws and hears appeals from lower state courts. State supreme courts hold the power to review the constitutionality of state laws, and their rulings are generally binding. However, matters can be appealed to the US Supreme Court if questions arise regarding consistency with the US Constitution, as the federal government holds ultimate authority in the event of a conflict between state and national governments.
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Separation of powers
The United States Constitution is the supreme law of the United States of America. The first three of its seven articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch, consisting of the bicameral Congress (Article I), is responsible for making laws. The executive branch, consisting of the President, the Vice President, and subordinate officers (Article II), is responsible for enforcing laws. The judicial branch, consisting of the Supreme Court and other federal courts (Article III), tries cases arising under federal law.
The separation of powers is not a true separation, but rather a system of checks and balances that encourages cooperation between the branches. For example, while Congress can pass laws, the President can veto potential legislation, and Congress can override this veto. This system prevents any one branch or group within the national government from becoming too powerful, as no branch can function without the cooperation of the others, and each branch can restrict the powers of the others.
The Tenth Amendment to the U.S. Constitution further clarifies the power dynamic between the federal and state governments. It specifies that any powers not granted to the federal government are reserved for the states and the people, often referred to as "police powers", including health, education, and welfare. State governments are modelled after the federal government and consist of the same three branches: executive, legislative, and judicial.
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Federal law supersedes
The Supremacy Clause, introduced as part of the New Jersey Plan during the Federal Convention of 1787, establishes the supremacy of federal law over state law. This means that federal law supersedes state law in the event of a conflict between the two. The Supremacy Clause is considered a cornerstone of the United States' federal political structure.
The Supremacy Clause specifies that the Constitution, federal laws, and treaties made under the authority of the United States are the "supreme Law of the Land". This means that federal statutes enacted by Congress, within the limits of the powers granted to them by the Constitution, take priority over state laws, even if they purport to supply contrary rules. The Supremacy Clause also establishes that judges in every state are bound by federal law, regardless of any conflicting state laws.
The application of the Supremacy Clause can be seen in the case of Ware v. Hylton in 1796, where the U.S. Supreme Court ruled that a treaty superseded conflicting state law. The Court held that both states and private citizens were bound to comply with the treaty obligations of the federal government.
While the Supremacy Clause establishes the priority of federal law, it is important to note that federal statutes and treaties must still operate within the parameters of the Constitution. The Tenth Amendment to the United States Constitution, for example, states that the federal government only has the powers delegated to it by the Constitution, and all other powers are reserved for the states and the people. This amendment was added to protect state power and recognize the powers of state governments, including traditional "police powers" in areas such as health, education, and welfare.
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Frequently asked questions
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution is comprised of seven articles, or sections, and is a notable model for governance worldwide.
The US Constitution recognises the power of local governments through the Tenth Amendment, which states that "powers not granted to the federal government are reserved for states and the people". This amendment was ratified in 1791 and is part of the Bill of Rights.
In the case of Printz v. United States (1997), the Supreme Court held that the Brady Act violated the Tenth Amendment. The Court ruled that a federal law could not compel state law enforcement officers to administer a federal statute, recognising the power of local law enforcement to operate autonomously from federal control.
Yes, local governments can pass their own legislation, known as intrastate legislation. However, these laws can be superseded by federal legislation and judicial rulings at the federal level. For example, some states passed social welfare legislation regulating working conditions and hours, but the Supreme Court struck these down as violations of personal liberty.
