Eleanor Finch
The US Constitution, written in 1787, has been amended and interpreted in various ways to expand federal power. The Founding Fathers intended the document to be flexible, and since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments, 17 of which have been ratified by the states. Federalism became the law of the land due to Supreme Court decisions like McCulloch v. Maryland (1823), which affirmed the federal government's right to take actions necessary and proper to meet the urgent needs of the nation. The Necessary and Proper Clause grants Congress the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. The Constitution also grants Congress numerous powers, including the power to levy and collect taxes, declare war, raise and support armies, regulate interstate commerce, and make laws necessary to execute powers. The Supreme Court decides cases and controversies, including matters pertaining to the federal government, and can declare legislation or executive action unconstitutional, creating precedent for future decisions. The federal government has also expanded its role during crises, such as the Great Depression, when it undertook huge public works projects like the Civilian Conservation Corps to employ millions of Americans.
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What You'll Learn
The Necessary and Proper Clause
> "...make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
This clause gives Congress the authority to pass laws that are deemed necessary and appropriate to accomplish the goals outlined in Article I, as long as they do not violate any other provisions of the Constitution. The Necessary and Proper Clause has been a source of contention, with Anti-Federalists expressing concern that it grants the federal government boundless power. However, Federalists, including Alexander Hamilton, argued that it only permits the execution of powers granted by the Constitution.
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Expansion of Congress's powers
The US Constitution, written in 1787 and ratified in 1788, is the world's longest-surviving written constitution. However, it has not remained static and has been amended and reinterpreted over time. The Founding Fathers intended the document to be flexible to accommodate changing needs and circumstances.
The Constitution grants Congress numerous powers, including the power to levy and collect taxes, coin money and regulate its value, provide for punishment for counterfeiting, establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court, combat piracies and felonies, declare war, raise and support armies, provide and maintain a navy, make rules for the regulation of land and naval forces, provide for, arm and discipline the militia, exercise exclusive legislation in the District of Columbia, regulate interstate commerce, and make laws necessary to properly execute powers.
The Necessary and Proper Clause, or Elastic Clause, grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". This clause has been used to expand Congress's reach, particularly during the era of New Deal Federalism. Additionally, the Commerce Clause has been relied on to expand Congress's regulatory power.
The power of Congress has also been expanded through judicial interpretation of existing laws and Supreme Court decisions. For example, in McCulloch v. Maryland (1819/1823), the Supreme Court affirmed the federal government's right to take actions "necessary and proper" to meet the urgent needs of the nation, addressing the question of federal power over the states. The passage of the 16th Amendment in 1913 gave the government the power to collect income tax, reversing the prohibition against a "direct tax" included in Article I of the Constitution.
During the Great Depression, the federal government expanded its role to include huge public works projects, such as the Civilian Conservation Corps, which aimed to employ millions of Americans who had lost their jobs. The federal government's expansion of powers during this time was facilitated by the Supreme Court, which largely withdrew from economic liberties to focus on protecting "fundamental rights" and the civil rights of "suspect classes" like racial minorities.
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Judicial interpretation
One of the earliest examples of judicial interpretation is the McCulloch v. Maryland case in 1819 (or 1823, according to another source). In this case, the Supreme Court affirmed the federal government's right to take actions "necessary and proper" to meet the urgent needs of the nation. This interpretation is based on the Necessary and Proper Clause, which granted Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." This clause has been used multiple times to expand Congress's reach, such as during the era of New Deal Federalism.
Another example of judicial interpretation expanding federal power is the Court's systematic neutering of the Fundamental Rights Federalism of the Reconstruction Amendments in the late 19th and early 20th centuries through cases such as The Slaughter-House Cases (1873), U.S. v. Cruikshank (1875), and Plessy v. Ferguson (1896). These cases curbed the powers of the federal government until the early 20th century, when the Court and Congress took up economic liberties cases like Lochner v. New York (1905) and Buchanan v. Warley (1917).
The passage of the 16th Amendment in 1913 further expanded federal power by granting the government the authority to collect income tax, effectively reversing the prohibition against a "direct tax" included in Article I of the Constitution.
In the 20th century, the New Deal marked another significant expansion of federal regulatory power. The Supreme Court relied on the Commerce Clause and the Necessary and Proper Clause to expand Congress's reach, impacting economic regulation and the protection of civil rights for "suspect classes" like racial minorities.
The United States Supreme Court's power of judicial review allows it to declare legislation or executive action at any level of government unconstitutional, setting precedents for future laws and decisions. This power has been pivotal in shaping the expansion of federal power through the interpretation and re-interpretation of the Constitution.
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Federalism
The first Articles of Confederation established a weak national government with a one-house legislature, with each state having one representative. The states held the most power, as Congress had no power to tax. The first Constitutional Convention was called to address concerns about the weakness of the national government. This led to the creation of the US Constitution, which increased the powers of the national government while also providing for the power of the states.
The Tenth Amendment to the US Constitution explicitly spells out the balance of power between the federal and state governments: "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." In other words, the states retain powers that are not specifically delegated to the federal government.
Over time, the federal government's powers have expanded, particularly during the era of New Deal Federalism in the 1930s. The Supreme Court played a significant role in expanding federal power during this time, relying on the Commerce Clause and the Necessary and Proper Clause to interpret the Constitution as granting Congress the power to regulate intrastate economic activity that substantially affects interstate commerce. This effectively expanded the federal government's reach into areas that were once the exclusive domain of the states.
The expansion of federal power has continued in various areas, including gun control, environmental regulations, and civil rights. Federal agencies sometimes direct states to establish their own regulations or procedures in certain areas, such as the Federal Clean Air Act, which requires states to meet national air quality standards. The division of power between the federal and state governments remains a complex and evolving aspect of the US political system.
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Supreme Court decisions
The Supreme Court plays a crucial role in the constitutional system of government in the United States. It is the highest court in the country and acts as a court of last resort. The Court's power of judicial review is significant, as it ensures that each branch of the government recognises its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
One of the earliest and most significant Supreme Court decisions regarding the expansion of federal power was McCulloch v. Maryland in 1819. This case involved Congress's power to charter a bank and the broader issue of the division of powers between the states and the federal government. Chief Justice John Marshall ruled in favour of the federal government, concluding that it had the right to establish a national bank and that states did not have the power to tax it. Marshall's decision set a precedent for interpreting the Constitution as granting certain implied powers to the federal government.
Another example of the Supreme Court's impact on federal power is the New Deal era. Relying on the Commerce Clause and the Necessary and Proper Clause, the Court expanded Congress's reach and brought about a significant shift in the balance of power between the federal government and the states.
The Supreme Court has also played a role in protecting civil rights and liberties. For example, in Gideon v. Wainwright (1963), the Court ruled that indigent defendants must be provided with legal representation without charge, ensuring access to justice regardless of economic status. In Engel v. Vitale (1962), the Court held that school-initiated prayer in the public school system violated the First Amendment, reinforcing the separation of church and state.
Furthermore, the Court has weighed in on the rights of students in public schools. In Bethel School District #43 v. Fraser (1987), the Court held that students do not have a First Amendment right to make obscene speeches in school, balancing free speech rights with the need to maintain a certain level of decorum in educational institutions.
In summary, the Supreme Court's decisions have had a significant impact on the expansion of federal power through its interpretation of the Constitution and its role in safeguarding civil rights and liberties. The Court's rulings have shaped the balance of power between the federal government and the states, often through landmark cases that have set precedents for future interpretations of constitutional principles.
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Frequently asked questions
The Necessary and Proper Clause grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers".
The Court relied mainly on the Necessary and Proper Clause to expand Congress’s reach during the era of New Deal Federalism.
The Commerce Clause grants Congress the power to regulate interstate commerce.
The Court relied primarily on the Commerce Clause to expand Congress’s reach during the New Deal.
The Supreme Court decides cases and controversies, which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution. The Supreme Court can also declare legislation or executive action made at any level of the government as unconstitutional, creating precedent for future law and decisions.
