Omar Bennett
The United States Constitution and its 27 amendments contain hundreds of clauses that outline the federal government's functions, the relationship between state and national governments, and how federal courts interpret the law. Notable examples include the Supremacy Clause, which asserts the Constitution's supremacy, and the Vesting Clause, which vests executive power in the President. When a clause becomes particularly significant or contentious, it is given a name for reference, such as the Privileges and Immunities Clause, which prevents states from mistreating citizens of other states.
| Characteristics | Values |
|---|---|
| Prevents states from treating citizens of another state poorly | Privileges and Immunities Clause, Article IV, Section 2 |
| The Constitution and treaties and laws made under it are the supreme law of the land | Supremacy Clause, Article VI |
| Executive Power shall be vested in a President of the United States of America | Vesting Clause, Article II, Section 1 |
| The President should use the advice and consent of the senate to appoint federal judges and sign treaties with foreign countries | Advice and Consent Clause |
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What You'll Learn
Political relationship between states and national government
The political relationship between states and the national government in the United States is governed by the Constitution. The Constitution outlines the powers of both the states and the federal government, with the Tenth Amendment, ratified in 1791, specifically addressing this division of powers. It states that any powers not delegated to the federal government by the Constitution are reserved for the states. This amendment acts as a limit on federal power, ensuring that states maintain autonomy in areas not explicitly outlined in the Constitution.
The Constitution grants the federal government certain enumerated powers, including the power to make and enforce naturalization rules, regulate foreign commerce, and declare war. These powers allow the federal government to regulate immigration and address issues related to foreign affairs. However, states also have significant influence over immigration policies and often debate the extent of federal authority in this area.
While the federal government holds specific powers, the states retain a considerable amount of authority in various domains. States have the power to determine the allocation of administrative and financial responsibilities within their jurisdictions, and federal legislation should respect this authority. Additionally, states hold any powers that the Constitution has not assigned to the federal government or prohibited. This includes areas such as welfare programs and public education, where the federal government may influence state actions through grants and mandates but does not have direct control.
Governors play a crucial role in preserving a balanced relationship between the states and the federal government. They encourage federal officials to adhere to specific guidelines when developing laws and regulations. These guidelines include limiting federal action to situations with clear constitutional authority and to problems that are truly national in scope. Governors also emphasize the importance of recognizing each state's unique resources and approaches to common problems. While federal intervention may be necessary in certain circumstances, preemption of state laws should be an exception rather than a rule.
Throughout US history, the struggle for power between the state and federal governments has continued. The initial Articles of Confederation granted significant power to the states, leading to an ineffective national government. The subsequent Constitution aimed for a more balanced federalist system, but the dynamic between the states and the federal government has remained complex and evolving.
Who is the Founding Father of the US Constitution?
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Federal court law interpretation
The United States Constitution and its amendments consist of hundreds of clauses that outline the workings of the US Federal Government, the relationship between the states and the national government, and influence how the US federal court system interprets the law. When a clause becomes a significant or contentious legal issue, it is given a name for ease of reference.
Article III of the Constitution establishes the federal judiciary and empowers the judicial branch of the national government. The first sentence of Article III, Section I, states:
> "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."
This clause establishes the Supreme Court and distinguishes it from the legislature (Congress) and the executive (the President). It gives Congress the power to decide on the organisation of the Supreme Court and other federal courts. In 1789, Congress established a federal judiciary, including the Supreme Court, with six justices.
The second sentence of Article III, Section I, guarantees tenure for judges:
> “The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their [...]"
Article III, Section II establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over cases involving constitutional or federal law, including those where the United States is a party, or those involving treaties or ships on the high seas.
The Fourteenth Amendment (1869) expanded the Supreme Court's role, allowing it to rule on cases where state laws were found to be in violation of the Constitution or Constitutional rights. This power of judicial review ensures that each branch of government recognises its limits and protects civil rights and liberties. For example, the Supreme Court has struck down laws that violate freedom of speech, freedom of religion, and due process.
The Constitution: Post-Declaration of Independence
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Supremacy Clause
The Supremacy Clause is a significant provision in the United States Constitution, outlining the supremacy of federal law over state law. It establishes that the Constitution, federal laws made under its authority, and treaties made by the United States are the supreme law of the land, binding judges and states to abide by them. This clause was a response to the lack of a similar provision in the Articles of Confederation, which governed the US from 1781 to 1789, leading to issues with federal statutes not binding state courts.
The Supremacy Clause, introduced as part of the New Jersey Plan during the Constitutional Convention of 1787, passed unanimously. It was not a major point of contention during the convention, but it did generate controversy during debates over the Constitution's ratification. Despite this, the advocates of federal supremacy prevailed, and the Constitution was ratified in 1788 with the inclusion of the Supremacy Clause.
The basic principle enshrined in the Supremacy Clause is federal supremacy, which is now well-settled in contemporary legal doctrine. This means that federal statutes and treaties take precedence over conflicting state laws or constitutions. For example, the Voting Rights Act of 1965, enacted by Congress, supersedes state constitutions, and Food and Drug Administration regulations may override state court judgments regarding prescription drugs.
The Supremacy Clause also plays a crucial role in ensuring the priority of federal authority within the boundaries of the Constitution. While it assumes the supremacy of federal law, this authority must be expressed in the Constitution itself. This means that federal statutes and treaties must adhere to the Constitution's enumerated powers and not violate constitutional limits on federal power, such as the Bill of Rights. The United States Supreme Court has the power of judicial review, allowing it to invalidate statutes that violate constitutional provisions.
Overall, the Supremacy Clause is considered a cornerstone of the United States' federal political structure, providing a foundational principle for the nation's governance and the management of its affairs.
Founders' Fears: The Constitution's Federalist Concerns
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Vesting Clause
The Vesting Clause, as per the United States Constitution, is comprised of three provisions that vest legislative power in Congress, executive power in the President, and judicial power in the federal courts. The clauses establish a separation of powers among the three branches of the federal government.
Article II, Section 1 of the Vesting Clause states: "The executive power shall be vested in a President of the United States." This establishes an executive office to be occupied by an individual. The Vesting Clause grants the President "the executive power," which includes a suite of powers such as the powers to execute the law, appoint officers, communicate with foreign governments, formulate foreign policy, and wage war.
The interpretation of the Vesting Clause has been a subject of debate. Some advocates of the Unitary Executive position argue that the President can exercise their constitutional powers without congressional interference and can direct executive officers. They believe that the Vesting Clause establishes that the President may exercise powers independently, without interference from Congress.
On the other hand, Vesting Clause minimalists claim that Congress can qualify or regulate the President's exercise of powers that have not been clearly assigned to their sole discretion. They argue that the term "executive power" at the time of the Founding did not have a settled meaning, and that it refers only to the powers elsewhere assigned to the President in the Constitution.
The Vesting Clause Thesis, which suggests broad executive power, has been challenged on textual and historical grounds. Some argue that the phrase "herein granted" indicates that no additional legislative subjects beyond those listed in the Constitution can be implied. This suggests that the Legislative Vesting Clause refers to the "power to make rules for society" rather than the de jure powers of lawmakers.
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Advice and Consent Clause
The "advice and consent" clause in a constitution refers to a situation where a weak executive branch enacts something approved by the legislative branch, or where the legislative branch approves something previously enacted by a strong executive branch. The concept ensures that the power of one branch of the government is moderated by requiring the concurrence of another branch for specific actions.
In the context of the United States Constitution, the "advice and consent" clause refers to the power of the Senate to advise and consent to the President's nominations and treaties. While the President has the power to make treaties and appoint ambassadors, ministers, consuls, judges, and other officers, these actions are done "by and with the Advice and Consent of the Senate". This means that the Senate has a significant role in providing advice and consent, and the President cannot act unilaterally.
The "advice" portion of the clause has been a topic of debate among the framers of the US Constitution. Thomas Jefferson and James Madison believed that the Senate's role is to advise the President after the nomination, while Roger Sherman argued that advice before the nomination could be valuable. President George Washington took a flexible stance, considering pre-nomination advice as optional but not mandatory.
The "consent" aspect of the clause is evident in the requirement of a majority vote in both houses of Congress to confirm appointments to the office of vice president, as outlined in the Twenty-fifth Amendment. This process ensures that the business of government is not hindered while maintaining a balance of power between the executive and legislative branches.
The "advice and consent" clause is not unique to the United States Constitution. In the United Kingdom, a constitutional monarchy, bills are enacted with the advice and consent of the Lords Spiritual and Temporal, and Commons, emphasising the role of Parliament in creating legislation. Similarly, in Singapore, a parliamentary republic, the President's powers are exercised "on the advice of the Cabinet," indicating that the President must act in accordance with the Cabinet's advice.
Judicial Review: Interpreting the Constitution
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Frequently asked questions
The United States Constitution and its 27 amendments contain hundreds of clauses outlining the functioning of the US Federal Government and the relationship between states and the national government.
The Supremacy Clause (Article VI) states that the Constitution, treaties, and laws made under it are the supreme law of the land.
The Vesting Clause (Article II, Section 1) states that "the executive Power shall be vested in a President of the United States of America," making the president both head of government and head of state.
The Advice and Consent Clause states that the President should seek the advice and consent of the Senate when appointing federal judges and signing treaties with foreign countries.
The Privileges and Immunities Clause (Article IV, Section 2) prevents states from treating citizens of another state unfavourably.
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