Malcolm Rivera
The United States Constitution outlines a national government with a legislative, executive, and judicial branch, with a system of checks and balances. It also divides power between the federal government and the states, and protects individual liberties. The Constitution's limitations on federal power are a reaction to the tyranny of British rule and the weak government of the Articles of Confederation. The three most important parts of the Constitution that limit federal power are the Tenth Amendment, the Ninth Amendment, and Article I. These components emphasise the reservation of powers to the states, protect unenumerated rights, and specify the limitations of congressional authority.
| Characteristics | Values |
|---|---|
| Ninth Amendment | Protects unenumerated rights |
| Tenth Amendment | Emphasizes state powers |
| Article I | Specifies limitations of congressional authority |
| Division of Power | Federalism |
| Supremacy Clause | Federal law is supreme over state law |
| Privileges and Immunities Clause | States are prohibited from discriminating against citizens of other states |
| Checks and Balances | Limits powers of each branch of the government |
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What You'll Learn
The Tenth Amendment
> 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 Supreme Court has declared that the Tenth Amendment is a truism, asserting that it "added nothing to the [Constitution] as originally ratified". However, states and local governments have used the amendment to assert exemption from federal regulations, particularly in areas like labour and environmental controls.
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The Ninth Amendment
> The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
In other words, the Ninth Amendment acknowledges that the Constitution outlines certain rights, but that this does not mean that other rights do not exist. It protects the rights that are not explicitly listed in the Constitution, suggesting that the government should not infringe on rights simply because they are not listed. This further limits the power of the federal government.
The courts have generally not regarded the Ninth Amendment as either limiting governmental power or justifying its expansion. However, evidence of the limitations set by the Ninth Amendment can be seen in various Supreme Court rulings that affirm states' rights and the protection of individual liberties that are not listed in the Constitution.
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Article I
The Framers of the Constitution intended to limit the power of the federal government to protect individual liberty, specifically limiting federal legislative power to those powers expressly mentioned in the Constitution and the power to make laws necessary and proper to carry out the federal government's limited functions. This is reflected in Article I, which outlines the powers granted to Congress while excluding others.
The Vesting Clause in Article I, Section 1 embodies two strategies for limiting Congress's power. Firstly, it conditions legislation on the agreement of two differently constituted chambers, the House of Representatives and the Senate. Secondly, it explicitly vests Congress with only those legislative powers that are "herein granted," as opposed to the plenary authority of state legislatures.
Alexander Hamilton, a supporter of the Constitution's ratification, argued that the courts could enforce the Constitution's limitations on Congress's powers by declaring legislative acts in excess of those powers to be void. This was affirmed in the Marbury v. Madison case in 1803, where the Supreme Court asserted its authority to review the constitutionality of legislative acts.
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Division of power
The United States Constitution divides power between the federal government and the state governments. This division of authority is referred to as "federalism". The federal government is strong and wields much power over the states, but it is limited to the powers enumerated in the Constitution.
The Constitution creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. The legislative power of the United States is vested in a bicameral Congress, composed of the House of Representatives and the Senate. The executive branch prosecutes persons for criminal violations, but they must be tried by the courts. The President appoints federal judges, but their appointment must be confirmed by the Senate.
Most important actions require the participation of more than one branch of government. For example, Congress passes laws, but the President can veto them. Powers not delegated to the federal government nor prohibited to the states are reserved for the states or the people.
The Tenth Amendment emphasises that any powers not granted to the federal government by the Constitution are reserved for the states or the people. This means the federal government cannot exercise powers that have not been explicitly stated in the Constitution, which limits its authority. The Ninth Amendment states that the enumeration of certain rights in the Constitution does not mean that other rights do not exist.
The Constitution also limits the powers of the states in relation to one another. The United States Congress has been given the power to regulate interstate commerce, so the states are limited in their ability to regulate or tax such commerce between them. Under the Constitution's privileges and immunities clause, states are prohibited from discriminating in many ways against citizens of other states.
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Judicial enforcement
The US Constitution has three main functions: creating a national government, dividing power between the federal government and the states, and protecting individual liberties. The Constitution's framework is a reaction to the tyranny of British rule, specifically the tyranny of a single monarch. The Constitution's limitations on federal power are a response to this, ensuring that no one branch of government becomes too powerful.
The Constitution divides power between the national government and the state governments. This division of authority is referred to as "federalism". The federal government is powerful, but its powers are limited to those enumerated in the Constitution.
The Ninth and Tenth Amendments are important parts of the Constitution that limit federal power. The Tenth Amendment emphasises that any powers not granted to the federal government by the Constitution are reserved for the states or the people. The Ninth Amendment states that the enumeration of certain rights in the Constitution does not mean that other rights do not exist. These amendments ensure that the federal government does not overstep its bounds as defined by the Constitution.
Article I of the Constitution outlines the structure and powers of Congress, specifying which powers it has and explicitly denying certain powers. This ensures that Congress cannot extend its power beyond what is outlined in the Constitution.
In the post-Convention debates over the ratification of the Constitution, Anti-Federalists raised concerns that these textual limitations would not prevent Congress from becoming too powerful. Alexander Hamilton, who supported ratification, argued that the courts could enforce the Constitution's limitations on Congress's powers by declaring legislative acts in excess of such powers to be void. This was later affirmed in Marbury v. Madison, where it was stated that "the powers of the Legislature are defined and limited; and that those limits may not be mistaken or forgotten, the Constitution is written".
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Frequently asked questions
The three parts of the US Constitution that limit federal power are the Tenth Amendment, the Ninth Amendment, and Article I.
The Tenth Amendment emphasises that any powers not granted to the federal government by the Constitution are reserved for the states or the people. This limits the federal government's authority to powers explicitly stated in the Constitution.
The Ninth Amendment states that the enumeration of certain rights in the Constitution does not mean that other rights do not exist. It protects unenumerated rights, such as privacy.
