Constitutional Issues: Addressing The Unaddressed

The US Constitution establishes a framework for governance that balances power and liberty, delineating roles for federal and state governments, outlining the judiciary's authority, defining executive powers, and addressing individual rights versus national security concerns. The Constitutional Convention in 1787 addressed several major issues, including representation, state versus federal powers, executive power, slavery, and commerce. The delegates' varying interests and views led to several compromises, such as the Great Compromise and the Three-Fifths Compromise, and the creation of a powerful central government. The Anti-Federalists opposed the Constitution due to its resemblance to the overthrown government and lack of a bill of rights, while Federalists supported it as necessary for facing national challenges. Today, constitutional issues continue to shape America, with debates surrounding civil rights, individual liberties, and the balance between effective governance and preserving constitutional principles.

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Federal vs state powers

Federalism is a key concept in the US Constitution, referring to the division and sharing of powers between the national and state governments. The US Constitution creates a federal system of government, with both the federal government and each of the state governments having their own court systems.

The Founders granted the new national government limited powers, with the powers of the states being everything that was not expressly delegated to the federal government. The Tenth Amendment, ratified in 1791, reinforced this principle: "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 federal government holds enumerated powers, which are those listed in the Constitution as belonging to it. Examples include the power to make and enforce naturalization rules, regulate foreign commerce, and declare war on foreign nations. The federal government also holds implied powers, which are those not listed in the Constitution but are necessary to carry out its enumerated powers. The Supreme Court plays a significant role in defining these powers and determining the constitutionality of federal laws.

Throughout US history, the federal and state governments have struggled over power. One example is the conflict over immigration, where some states have tried to restrict immigration or increase border control, while others have refused to enforce certain federal immigration laws. Another example is the Affordable Care Act, which some states have fought, arguing that it oversteps into state powers. During the COVID-19 pandemic, federal authority over critical nationwide issues clashed with state authority over public safety, schools, and businesses.

The federal system in the US allows for states to act as "laboratories of democracy," testing ideas independently. It has provided advantages such as protecting individual liberties and diffusing power to prevent its concentration in a single government.

Executive power

Article II of the US Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President. This includes the authority to enforce laws and appoint agents to enforce them. The President also has distinct authority over foreign affairs and is the Commander in Chief of the Army and Navy.

The President's power to issue executive orders is derived from Article Two of the Constitution, which grants broad executive and enforcement authority. This discretionary power must be supported by either an expressed or implied congressional law, or the Constitution itself. Executive orders are directives that manage the operations of the federal government and are typically rooted in a congressional statute or the President's constitutional power to execute the nation's laws.

The line between legislative and executive power is not always clear, and the extent of the President's military power and the scope of the War Powers Resolution remain unresolved constitutional issues. While the President cannot make laws, the Supreme Court has recognised that officials appointed by the President may exercise quasi-legislative or quasi-judicial powers.

The President's executive orders are subject to judicial review and may be overturned if found to be unconstitutional or beyond the President's authority. Federal courts have occasionally invalidated orders on the grounds that Congress overstepped its bounds, and courts must determine whether an order exercises legislative power belonging only to Congress.

Congressional representation

The 1787 Constitutional Convention in Philadelphia addressed several issues, including representation in Congress. The delegates were split between two groups: one believed that they were not authorised to change the "federal" representational scheme under the Articles of Confederation, while the other believed that the current scheme was flawed and needed to be replaced with a "national" one. This was a contentious issue, with the delegates embroiled in debate and disagreement for over six weeks.

The central point of contention was the extent to which the scheme of representation under the Articles of Confederation should be changed. The Articles established a unicameral Congress, with each state having one vote. Some delegates, including James Madison, believed that this arrangement led to many of the problems faced by the United States in the 1780s. Madison proposed the Virginia Plan, which called for a bicameral national legislature with proportional representation in both houses based on the size of the state.

However, delegates from small states objected to this idea, arguing for equal representation. They believed that each state should have the same number of representatives, regardless of its population. This was a major compromise between the small and big states. The Great Compromise or the Connecticut Compromise resolved this issue by establishing the House of Representatives, which was apportioned by population, and the Senate, which represented the states equally.

The question of slavery also played a significant role in the debates over representation. The Three-Fifths Compromise provided that three-fifths of enslaved people in each state would count towards congressional representation, increasing the number of congressional seats in several states, particularly in the South.

The delegates also debated the length of time members of Congress should be citizens before taking office. Residency requirements varied across states, and the Virginia Plan did not initially mention citizenship. However, a later draft of the Constitution included a four-year citizenship requirement for senators and a seven-year requirement for House members.

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Civil rights

The Civil Rights Movement in the United States was a social movement that aimed to abolish legalized racial segregation, discrimination, and disenfranchisement, which predominantly affected African Americans. The movement spanned from 1954 to 1968, with roots in the Reconstruction era of the late 19th century and modern roots in the 1940s. The movement built upon centuries of resistance and efforts by enslaved Africans and their descendants to resist racial oppression and abolish slavery.

Despite the abolition of slavery through the 13th Amendment (1865) and the granting of citizenship to African Americans through the 14th Amendment (1868/1869) and the 15th Amendment (1870), which gave black males the right to vote, African Americans continued to face significant barriers and violence. During the Reconstruction era (1865-1877), federal troops attempted to establish the civil rights of freedmen in the South, but this period was marked by resistance from whites, resulting in the formation of insurgent groups like the Ku Klux Klan.

The end of Reconstruction and the withdrawal of federal troops in 1877 marked a reversal of gains made by African Americans. Southern states passed new constitutions and laws to disenfranchise African Americans, creating barriers to voter registration and reducing voting rolls. Racist Jim Crow laws further institutionalized discrimination, enforcing segregation in schools, banning interracial marriage, and introducing literacy tests for voters. African Americans faced violence from white supremacists and discrimination in employment and housing, both in the South and as they migrated northward.

The civil rights movement of the 1950s and 1960s employed nonviolent protests, civil disobedience, and legal challenges to break the pattern of segregation and achieve legislative change. The movement secured important victories with the Civil Rights Act of 1964 and the Voting Rights Act of 1965, which outlawed discrimination based on race, color, religion, sex, or national origin in public accommodations, public education, and employment, and prohibited race-based voting restrictions. These acts brought an end to many of the laws and practices of the Jim Crow era.

Despite these advancements, the Civil Rights Acts and their enforcement continue to prompt debates about the meaning of equality and the role of government in promoting it. Citizens' participation in lobbying, litigation, politics, and public protests remains crucial in shaping the future of civil rights and ensuring the protection of these rights for all Americans.

Commerce

The Commerce Clause, outlined in Article 1, Section 8, Clause 3 of the U.S. Constitution, grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". The interpretation and application of this clause have been contentious issues throughout American history, with ongoing debates about the balance of power between federal and state governments.

One of the key constitutional issues related to the Commerce Clause is the question of state versus federal power. The Commerce Clause has been interpreted both as a grant of congressional authority and as a restriction on the regulatory authority of individual states. The Supreme Court's early interpretations of the clause focused on limiting state power, with cases challenging state legislation that interfered with Congress's right to regulate interstate commerce. For example, in Gibbons v. Ogden (1824), the Supreme Court forbade states from enacting legislation that interfered with Congress's right to regulate commerce among the states.

Another issue is the broad interpretation of the Commerce Clause, which has been used to justify federal regulation of a wide range of economic dealings and activities, including those that do not directly involve interstate commerce. This has led to concerns that the federal government's power could become unlimited. For instance, in Gonzales v. Raich (2005), the Supreme Court upheld a federal ban on growing medical marijuana for personal use, even though the marijuana in question did not cross state lines, as it could have an indirect effect on interstate commerce.

The Dormant Commerce Clause is another important concept. It refers to the implicit prohibition in the Commerce Clause against states passing legislation that discriminates against or excessively burdens interstate commerce. For example, in West Lynn Creamery Inc. v. Healy, the Supreme Court struck down a Massachusetts state tax on milk products as it impeded interstate commercial activity by discriminating against non-Massachusetts citizens and businesses.

The Commerce Clause has also been central to debates over environmental laws. In Philadelphia v. New Jersey (1978), the Supreme Court addressed whether a New Jersey law prohibiting the importation of most out-of-state waste violated the Commerce Clause. The Court ruled that the law discriminated against interstate commerce by treating in-state and out-of-state waste differently, reaffirming the principle that states cannot enact legislation that unduly burdens interstate commerce.

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