The Constitution: Power To The People

The United States Constitution grants power to the people in several ways. Firstly, it establishes a system of checks and balances, dividing the government into three branches: the legislative, executive, and judicial. The legislative branch, which consists of the House of Representatives and the Senate, has the power to make laws, while the executive branch, led by the President, executes them, and the judicial branch interprets them. The Constitution also outlines the powers and duties of each branch, ensuring that no one branch holds absolute power. Furthermore, the Tenth Amendment clarifies that any powers not specifically delegated to the federal government or prohibited from the states are reserved for the states or the people themselves. This amendment reinforces the limited scope of the federal government and highlights the importance of states' rights and individual liberties. The Constitution also grants the people the power to choose their representatives through elections, with the House of Representatives being composed of members chosen every second year by the people of the states.

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The Tenth Amendment

The text of the Tenth Amendment is as follows: "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 drafted to address the concerns of those who wanted to ensure a limited federal government, safeguarding against potential infringements on the liberties of the people.

One notable example of the Tenth Amendment's application is the 1958 case of Cooper v. Aaron, which addressed the issue of school desegregation. The Supreme Court ruled that Arkansas could not delay desegregating its schools, as it violated the previous ruling in Brown v. Board of Education of Topeka, which held that racial segregation in public schools was unconstitutional. The Tenth Amendment was also cited in the 1995 case of United States v. Alfonso D. Lopez, Jr., where the Court found that federal laws creating "gun-free zones" on school campuses exceeded the federal government's authority under the Commerce Clause.

Separation of Powers

The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. This is commonly referred to as the separation of powers.

The legislative branch makes the law, the executive branch enforces the law, and the judicial branch interprets the law. The Framers structured the government in this way to prevent any one branch from becoming too powerful and to create a system of checks and balances. This system ensures that each branch has its own authority, but must also depend on the authority of the other branches for the government to function.

The legislative power of the Federal Government is vested in Congress, which consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the several states. The legislative branch has the sole power of impeachment.

The executive power is vested in the President, who becomes the Commander-in-Chief of the Army and Navy and has the power to make treaties and appointments to office with the advice and consent of the Senate. The President also has the authority to veto proposed laws passed by Congress.

The judicial power is vested in the Supreme Court and any lower courts created by Congress. Federal judges describe how healthy tensions among the branches have a stabilizing effect on democracy. The Supreme Court has also raised concerns about the judiciary encroaching on the legislative or executive spheres.

The Framers of the Constitution sought to ensure that each branch of government would be separate and independent to preserve individual liberty. They were influenced by their experience with the British monarchy, which led them to believe that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule.

The President's Powers

The US Constitution outlines a system of government with three branches: the legislative, which makes the laws; the executive, which executes the laws; and the judicial, which interprets the laws. The President of the United States is the head of the executive branch and has certain powers and duties as outlined by the Constitution.

Firstly, the President acts as the Commander-in-Chief of the US military and militia when called to service. This role includes the power to assemble militiamen, as demonstrated by George Washington's use of his constitutional powers to assemble 12,000 troops to quell the Whiskey Rebellion in 1794. The President also has the power to make treaties, but these require the advice and consent of Congress. In addition, the President has the power to approve or veto bills and resolutions passed by Congress. However, Congress can override vetoes with a two-thirds vote in both the House and the Senate, although this is a challenging and rare process.

Secondly, the President has the power to grant reprieves and pardons for federal offences against the United States, except in cases of impeachment. Most pardons are issued as oversight of the judicial branch, particularly when Federal Sentencing Guidelines are deemed too severe. This power can be used to check the legislative and judicial branches by altering punishments for crimes. The President also has the power to nominate ambassadors and other officials, with the advice and consent of Congress.

Thirdly, the President has the authority to fill vacancies that occur when the Senate is in recess. These appointments expire at the end of the Senate's next session. The President also has the duty to receive ambassadors and other public ministers, and to periodically advise Congress on the state of the union, providing any necessary recommendations.

Finally, the President has broad powers in areas such as control and operation of the federal government, federal agencies, and in foreign affairs. The President can issue executive orders, which are written policy directives with the same power as federal law. However, these orders are not explicitly defined in the Constitution and are based on historical practice, executive interpretations, and court decisions. While Congress can pass a new law to override an executive order, it cannot directly modify or revoke an order issued under powers granted exclusively to the President by the Constitution.

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Congress's Powers

The United States Constitution grants Congress the power to make laws. This power of the purse is one of Congress's primary checks on the executive branch. The Necessary and Proper Clause of the Constitution permits Congress:

> To 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.

Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. Additional powers are granted by other articles and by Constitutional amendments. Among the powers specifically given to Congress in Article I Section 8 are the powers:

• To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States
• To borrow money on the credit of the United States
• To regulate commerce with foreign nations, and among the several states, and with the Native American tribes
• To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States
• To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures
• To admit new states into the Union
• To propose amendments to the Constitution
• To choose the president or the vice president if no one receives a majority of Electoral College votes
• To assemble at least once a year
• To determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member
• To declare war, to raise and maintain the armed forces, and to make rules for the military

The Constitution also gives Congress the power to impeach the President.

The Legislative Branch

Congress is comprised of the House of Representatives and the Senate, with all legislative powers vested in this body. The House of Representatives is made up of 435 members, divided among the 50 states in proportion to their total population. There are also six non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories. The Speaker of the House is elected by the Representatives and acts as the presiding officer. The Senate, meanwhile, has 100 members, two from each state, elected to six-year terms. Senators must be at least 30 years old, US citizens for nine years, and residents of the state they represent. The Vice President of the United States is the President of the Senate and can cast a tie-breaking vote.

Congress has the sole authority to enact legislation and declare war, as well as the right to confirm or reject Presidential appointments. It is also responsible for raising and supporting armies, regulating commerce, and establishing a uniform rule of naturalization and uniform laws on bankruptcy. The House has several exclusive powers, including initiating revenue bills, electing the President in the case of an electoral college tie, and impeaching federal officials.

Congress assembles at least once a year and each House determines the rules of its proceedings, judging the elections, returns, and qualifications of its members. A majority of each House constitutes a quorum to do business, and each can expel a member with a two-thirds concurrence.

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