Isabella Carter
The US Constitution outlines the powers of the three branches of the federal government, with Article I, Section 8 enumerating Congress's powers, and Articles II and III doing the same for the executive and judicial branches, respectively. The Tenth Amendment, ratified in 1791 as part of the Bill of Rights, reserves powers for the states, stating that any powers not explicitly granted to the federal government are delegated to the state governments. This amendment was added to address concerns about the expanded powers of the new national government and to protect state power. The Ninth Amendment also plays a role in interpreting rights and powers, stating that the Bill of Rights is not an exhaustive list of rights.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Members chosen every second year by the People of the several States |
| Electors in each State | Qualifications requisite for Electors of the most numerous Branch of the State Legislature |
| Age of Representatives | 25 years |
| Citizenship Requirements | 7 years a Citizen of the United States |
| Residence Requirements | Inhabitant of the State in which they are chosen |
| Office of President | 35 years of age, 14 years of residency within the United States, and natural-born Citizen of the United States |
| President's Compensation | Fixed and neither be increased nor diminished during the period for which it is set |
| Congress's Enumerated Powers | Lay and collect Taxes, Duties, Imposts, and Excises; Provide for the common Defence and general Welfare of the United States; Regulate Commerce with foreign Nations and among the several States; Establish uniform Rules of Naturalization and Bankruptcy; Promote the Progress of Science and useful Arts by securing exclusive Rights to Authors and Inventors; Declare War and make Rules concerning Captures; Raise and support Armies |
| Necessary and Proper Clause | Make all Laws necessary and proper for carrying into Execution the Powers vested by the Constitution in the Government of the United States |
| Migration or Importation Clause | Migration or Importation of Persons to be admitted by individual States, with a possible Tax or duty imposed, not exceeding $10 per Person |
| Habeas Corpus Clause | Privilege of the Writ of Habeas Corpus shall not be suspended, except in Cases of Rebellion or Invasion |
| Bills of Attainder and ex post facto Laws | Prohibited |
| Direct Taxation | No Capitation or other direct Tax shall be laid, unless in Proportion to the Census or enumeration |
| State Powers | The Tenth Amendment reserves all powers not specifically granted to the federal government by the Constitution to the state governments, including traditional "police powers" of health, education, and welfare |
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What You'll Learn
- The US Constitution outlines the powers of the federal government
- It also enumerates the powers of the executive, judicial and legislative branches
- The Tenth Amendment reserves all other powers for the states
- The Ninth Amendment implies citizens have rights beyond those listed in the Bill of Rights
- The President's powers are also outlined in the Constitution
The US Constitution outlines the powers of the federal government
Article I, Section 8 of the Constitution enumerates Congress's powers. Congress has the power to lay and collect taxes, duties, imposts, and excises, pay debts, and provide for the common defence and general welfare of the United States. It can also regulate commerce with foreign nations, Indian tribes, and among the states. Congress can establish uniform rules of naturalization and uniform laws on bankruptcy, as well as punish counterfeiting and define and punish piracies and felonies committed on the high seas. It can declare war, raise and support armies, and promote the progress of science and useful arts by securing exclusive rights to authors and inventors.
The Constitution also outlines the powers of the executive and judicial branches in Articles II and III, respectively. The executive branch includes the President, who must be a natural-born citizen and at least 35 years old. In the event of the President's removal, death, resignation, or inability to serve, the powers and duties of the office devolve to the Vice President.
The judicial branch, consisting of the Supreme Court, has the power to interpret the Constitution and federal laws, hear cases involving violations of federal laws or the Constitution, and review decisions of lower federal courts.
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It also enumerates the powers of the executive, judicial and legislative branches
The Constitution of the United States establishes a federal government with three branches: the executive, judicial, and legislative. Each branch has its own unique powers and responsibilities, which are outlined in the Constitution.
The executive branch is headed by the President of the United States, who is both the head of state and government. The President must be a natural-born citizen and at least 35 years old. The President is the Commander-in-Chief of the armed forces and has the power to grant reprieves and pardons, except in cases of impeachment. The President can also fill vacancies during Senate recess and receive ambassadors. Additionally, the President is responsible for ensuring that the laws of the United States are faithfully executed and can require written opinions from the principal officers of executive departments.
The judicial branch's power extends to all cases arising under the Constitution, laws of the United States, and treaties made under its authority. This includes cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction. The Supreme Court has original jurisdiction in cases affecting ambassadors and those in which a state is a party, and appellate jurisdiction in all other cases mentioned. The Congress also has the power to declare the punishment for treason.
The legislative branch, consisting of the Senate and the House of Representatives, holds all legislative powers. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having a minimum of one representative. The Senate, on the other hand, has two senators from each state, serving six-year terms. The legislative branch has the power to make all necessary laws to carry into execution the powers vested by the Constitution in the government. This includes the power to impose taxes and duties on the importation of persons.
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The Tenth Amendment reserves all other powers for the states
The Tenth Amendment to the US Constitution, ratified on December 15, 1791, reserves all powers not explicitly granted to the federal government for the states or the people. This amendment was designed to ensure that the federal government had limited powers and that state sovereignty was maintained.
The text of the Tenth Amendment states: "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 means that any powers not specifically given to the federal government by the Constitution are reserved for the states or the people. The Tenth Amendment is often interpreted as a clarification of the federal government's limited and enumerated powers.
The Tenth Amendment has been invoked in several Supreme Court decisions to determine whether the federal government has overstepped its authority. For example, in United States v. Darby (1941), the Supreme Court wrote that the Tenth Amendment confirms that all powers not explicitly surrendered to the federal government are retained by the states. Similarly, in 1995's United States v. Alfonso D. Lopez, Jr., the Court ruled that federal laws establishing "gun-free zones" on public school campuses were unconstitutional, as the Constitution did not authorize them.
The Tenth Amendment also has implications for state powers. For example, the Amendment reserves the power to tax federal institutions for the federal government, as allowing states to tax these institutions would frustrate the federal government's operations. However, states do have the power to tax their people and property. The Tenth Amendment, therefore, serves to balance the powers of the federal government against state sovereignty.
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The Ninth Amendment implies citizens have rights beyond those listed in the Bill of Rights
The Ninth Amendment of the US Constitution, passed by Congress in 1789 and ratified in 1791, is a part of the Bill of Rights that protects the rights of citizens that are not specifically enumerated in the Constitution. It implies that citizens have rights beyond those explicitly listed in the Bill of Rights, as it states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Ninth Amendment empowers the courts to affirm that citizens have rights beyond those named in the Bill of Rights. For example, in Griswold v. Connecticut (1965), the Supreme Court recognised a right to marital privacy regarding contraceptive use, despite there being no textual reference to such a right in the Constitution. Justices Douglas and Goldberg agreed that the Ninth Amendment protects rights other than those named in the Constitution, such as the right to privacy.
The Ninth Amendment works in conjunction with the Tenth and Fourteenth Amendments to protect individual rights. The Tenth Amendment reserves "the people's" rights, meaning that powers not given to the federal government by the Constitution generally belong to the states unless prohibited by the Constitution. The Fourteenth Amendment grants citizenship to all persons born or naturalised in the United States and ensures equal protection under the law, as well as extending due process rights to all state actions.
The interpretation and scope of these unenumerated rights remain a subject of debate as America evolves. Legal professionals and scholars, such as constitutional law scholar Randy E. Barnett, have differing interpretations of the Ninth Amendment's meaning. The Ninth Amendment's implication that citizens have rights beyond those listed in the Bill of Rights highlights the challenge of empowering a government while simultaneously protecting the constitutional rights of individuals.
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The President's powers are also outlined in the Constitution
The US Constitution outlines the President's powers in Article II, which 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 is also the Commander-in-Chief of the US Army, Navy, and Militia, with the power to grant reprieves and pardons for offences against the US, except in cases of impeachment.
Section 1 of Article II also outlines the election of the President, including the establishment of the Electoral College, and sets out the qualifications of the President, the oath of office, and compensation. It further creates succession provisions in the event of a President's removal, death, or inability to act. Sections 2 and 3 of Article II define specific presidential powers and duties, including the exclusive power to require written opinions from the heads of executive departments, and the pardon power.
The President also has the power to make treaties, appoint ambassadors, ministers, consuls, Supreme Court judges, and other officers of the US, with the advice and consent of the Senate. The President has distinct authority over foreign affairs and is the sole representative of the nation in foreign relations. The President's authority to approve or veto legislation is also outlined in Article I of the Constitution.
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Frequently asked questions
Enumerated powers are those specifically granted to the Federal government and Congress, and they are mostly listed in Article I, Section 8 of the US Constitution. These include the power to lay and collect taxes, regulate commerce, coin money, establish post offices, protect patents and copyrights, establish lower courts, declare war, and raise and support armed forces.
The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to stretch its enumerated powers to fit its needs. This clause states that Congress has the right to make all laws "necessary and proper" to carry out the powers vested in the national government.
Implied powers are those that are not expressly stated in the Constitution but are inferred as necessary to carry out the enumerated powers. These powers show how important powers that are not stated specifically can still be proven as necessary and implemented.
The powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved for the states or the people. This includes the power to establish schools, set marriage and divorce laws, and regulate trade within the state.
The Supreme Court has recognized four categories of powers belonging to the National Government: enumerated, implied, resulting, and inherent. Enumerated powers are those specifically identified in the Constitution, while implied powers are those necessary to effectuate the enumerated powers.
