Malcolm Rivera
The United States Constitution is a rigid document, meaning its provisions are written and cannot be legally altered as easily as ordinary laws. Two of its most important provisions are the Tenth Amendment, which limits the power of the government, and the Necessary and Proper Clause, which grants Congress the power to make laws essential and appropriate for executing its powers. These provisions have been central to constitutional struggles between federal and state governments. The Tenth Amendment, proposed by James Madison, explicitly states that any power not conceded to the federal government is reserved for state governments. Meanwhile, the Necessary and Proper Clause, also known as the Elastic Clause, gives Congress broad authority to pass laws necessary for carrying out its duties. These two provisions have played a critical role in shaping the balance of power between the federal and state governments in the United States.
| Characteristics | Values |
|---|---|
| Provisions are in a written document | Cannot be legally changed with the same ease and in the same manner as ordinary laws |
| Constitutional struggles between federal and state governments | Any power not conceded to the federal government is reserved for state governments |
| Presidency | Must be a natural-born citizen, aged 35 or older, and have been a resident within the United States for 14 years |
| Presidency | Receives a compensation of $400,000 per year, which remains constant throughout their term |
| Presidency | Is the commander-in-chief of the military |
| Presidency | Has the power to initiate hostilities without consulting Congress |
| Presidency | Has broad power over matters of foreign policy |
| Congress | Consists of a Senate and House of Representatives |
| Congress | Has the exclusive right to declare war |
| Congress | Has the power to impeach a justice of the Supreme Court |
| Fourteenth Amendment | Gives federal courts the authority to intervene when a state threatens the fundamental rights of its citizens |
| Fourteenth Amendment | Provides for due process of law |
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What You'll Learn
The US Constitution is classed as rigid
A rigid constitution is one that stands above the other laws of the country. It stipulates that at least some parts of the constitution cannot be modified using the same procedures used to enact statutory law. In other words, specific legal or constitutional obstacles must be overcome before a rigid constitution can be amended. These obstacles might include special approval by referendum, a supermajority, or a special majority in the legislature.
The US Constitution includes both written and unwritten aspects. It is a formal document, unlike the UK's uncodified constitution, which exists in multiple written parts, such as the Bill of Rights (1689).
While the US Constitution is rigid compared to the UK's, it is more flexible than some other constitutions. For example, Switzerland's constitution requires a majority vote in a national referendum and ratification by a majority of voters in each of a majority of the cantons. Despite this rigidity, the Swiss constitution has been amended repeatedly on many important points.
The relative continuity of a country's constitutional law does not depend on the adoption of a rigid constitution. Even if the provisions of a rigid constitution remain unaltered, they can assume different meanings and scopes over time, as they are subject to interpretation by the courts, the legislature, the executive, and other institutional subjects.
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The Tenth Amendment restrains government power
The Tenth Amendment to the United States Constitution, presented by James Madison, was ratified in 1791 as part of the Bill of Rights. The Amendment explicitly limits the powers of the federal government to those granted in the Constitution. It reinforces the notion that the federal government maintains only limited, enumerated powers, and any power not conceded to the federal government is reserved for the state governments.
The Tenth Amendment states that "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 the Constitution enumerates all the powers of the federal government, and any powers not specifically mentioned are left to the states. For example, the Constitution outlines the powers of Congress in Article I, Section 8, and the powers of the executive and judicial branches in Articles II and III, respectively. These branches have no other powers than those explicitly mentioned in the Constitution.
The Tenth Amendment was proposed to ensure clarity and remove ambiguity concerning differences in state and federal power. It was intended to protect state sovereignty and maintain a balance of power between the federal government and the states. The Amendment has been interpreted by the Supreme Court, which has ruled that it prohibits the federal government from forcing states to pass or enforce certain legislation.
The Tenth Amendment is often invoked by states and local governments to assert their exemption from federal regulations, particularly in areas like labour and environmental controls. The Amendment helps to maintain a balance between federal and state powers, allowing states the freedom to experiment with different ideas and programs. This has led to states being referred to as "laboratories of democracy".
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The Necessary and Proper Clause
> 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 States, or in any Department or Officer thereof.
This clause has been interpreted as granting implied powers to Congress in addition to its enumerated powers. The Supreme Court case of McCulloch v. Maryland (1819) is a landmark decision in this regard, where the Court ruled that Congress has the implied power to establish a bank as it is a suitable instrument to aid in their enumerated power to tax and spend. This case set a precedent for interpreting the Necessary and Proper Clause as an extension of the powers vested in the Federal Government, particularly Congress's Article I powers.
The interpretation of the Necessary and Proper Clause continued to be a point of contention between political parties for several decades after the Constitution was ratified. An example of this is the debate surrounding the First Bank of the United States in 1791, where Hamilton used the clause to defend its constitutionality, while Madison argued against it.
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The President's role in foreign policy
The President of the United States has significant power in foreign relations. Article Two of the United States Constitution grants the president powers to command the military, negotiate treaties, and appoint ambassadors. The Reception Clause of the Constitution implies that the president has broad power over matters of foreign policy, and the Take Care Clause imposes a duty on the president to enforce the laws of the United States.
The President is the commander-in-chief of the armed forces, providing direction in military affairs. The president can initiate hostilities without consulting Congress, but Congress has the exclusive right to declare war. The president's power to initiate hostilities has been questioned, but it is clear that once war has been declared, the president, as commander-in-chief, is responsible for directing the war.
The president can negotiate international agreements, but they require Senate ratification. The president also appoints ambassadors, subject to Senate confirmation. These individuals represent US interests abroad and play a vital role in diplomacy and negotiations. The president's authority in foreign affairs is balanced by Congress, which can pass laws affecting foreign policy, and the president's veto power ensures alignment with executive priorities. Federal courts also shape foreign policy through judicial review, assessing the constitutionality of foreign policy actions and treaties.
The Department of State carries out the president's foreign policy, while the Department of Defense carries out the president's military policy. The Central Intelligence Agency, an independent agency, is responsible for gathering intelligence on foreign activity.
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Impeachment and trial by the Senate
Impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives brings articles (charges) of impeachment against an official. If the House adopts the articles by a simple majority vote, the official has been impeached. The House investigates through an impeachment inquiry and then must pass the articles of impeachment with a simple majority of those present and voting.
The second step is the trial by the United States Senate. The Senate holds an impeachment trial, and in the case of a president, the U.S. Supreme Court chief justice presides. If the official is found guilty by a two-thirds majority vote, they are removed from office and may be barred from holding future federal office. If they are not found guilty, they may continue to serve in office.
The practice of impeachment originated in England and was later used by many of the American colonial and state governments. The federal House of Representatives can impeach a party with a simple majority of the House members present. The Senate can also vote with just a simple majority to bar an individual from holding future federal office. Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitution.
As of 2025, Donald Trump is the only federal officer to have been impeached more than once. Presidents Johnson, Clinton, and Trump were all acquitted by the Senate on all charges. Former President Richard Nixon resigned after Congress started the impeachment process against him in 1974.
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Frequently asked questions
The Reception Clause is a clause in the Constitution that gives the president the power to receive all foreign ambassadors. This has been interpreted as implying that the president has broad power over matters of foreign policy and the authority to grant recognition to a foreign government.
The Take Care Clause, also known as the Faithful Execution Clause or Faithfully Executed Clause, imposes a duty on the president to enforce the laws of the United States. This clause is meant to ensure that a law is faithfully executed by the president even if they disagree with its purpose.
The President and Vice President are chosen through an electoral college system. Each state chooses electors equal to its number of representatives and senators in Congress. The candidate who receives the majority of electoral votes wins the election. In the case of a tie, the Senate chooses the Vice President.
To be eligible for the office of President, an individual must be a natural-born citizen of the United States and at least 35 years old. They must also have been a resident of the United States for at least 14 years.
