Jonah Patel
The United States Constitution is a document that outlines the functions of the government and the rights of citizens. One of the key questions surrounding the Constitution is whether it ultimately serves the people or holds power over them. This debate revolves around the interpretation of the Constitution's provisions and the division of power between the federal government and the states. The Tenth Amendment, in particular, has been a subject of discussion, as it grants powers not explicitly given to the federal government to the states, but the extent of federal power and its limitations are still often contested.
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What You'll Learn
The Tenth Amendment and federalism
The Tenth Amendment to the US Constitution, which was added as part of the Bill of Rights in 1791, is a key component of federalism. Federalism refers to the division of power between the federal government and the state governments. 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 amendment emphasises that the federal government's powers are limited and enumerated, and that any powers not specifically granted to the federal government are reserved for the states or the people. This maintains a balance of power between the federal and state governments and allows states the freedom to experiment with different policies and programmes.
The Tenth Amendment has been used to both expand and contract the authority of the federal government, and it continues to be a subject of debate between those who support states' rights and those who favour a more powerful federal government. For example, in United States v. Darby (1941), the Supreme Court wrote that the Tenth Amendment is:
> "... but a truism that all is retained which has not been surrendered."
In practice, the Tenth Amendment has been used by the Supreme Court to determine whether the federal government has overstepped its authority. For instance, in 1958's Cooper v. Aaron, the Court ruled that Arkansas could not delay school desegregation as it violated the Constitution. 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 they were not authorised by the Constitution.
However, it is important to note that the Tenth Amendment does not confer any authority on its own. Instead, it serves as a reminder of the importance of states and the people in the constitutional structure.
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The President's powers
The President of the United States is the country's head of state and head of government and is granted several powers by the Constitution. The President's powers are outlined in Article II of the Constitution, which states that the executive power of the country is vested in the President.
The President has the power to approve or veto bills and resolutions passed by Congress. They can also fill vacancies that happen when the Senate is in recess, and these appointments expire at the end of the Senate's next session. The President is also responsible for commissioning the officers of the United States. The President is the Commander-in-Chief of the US military and militia when called to service. They are also authorised to require the principal officers of executive departments to provide written opinions upon the duties of their offices. The President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. They can grant blanket amnesty to forgive entire groups of people, as well as issue temporary suspensions of prosecution or punishment in the form of respites.
The President has the power to make treaties, with the advice and consent of Congress. They can also nominate ambassadors and other officials, such as public ministers and consuls, with the advice and consent of the Senate. The President is responsible for the relations of the United States with foreign nations. They shall periodically advise Congress on the state of the union and give Congress any recommendations thought to be necessary. They also have the power to convene one or both houses of Congress during extraordinary occasions and when Congress cannot agree to adjourn.
The President must be a natural-born citizen of the United States and be at least 35 years old. They must also have been a resident of the United States for at least 14 years. The President takes an oath to "preserve, protect and defend the Constitution of the United States".
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The President's limitations
The Constitution of the United States is a legal document that outlines the powers and limitations of the federal government, including the President. The Tenth Amendment, which is part of the Bill of Rights, specifically addresses the limitations on federal power and the rights retained by the states and the people. According to the Tenth Amendment, any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people. This amendment has been interpreted as a restriction on the federal government's authority, indicating that its powers are limited and enumerated.
Now, let's discuss the limitations placed on the President of the United States by the Constitution:
Term Limits
The Twenty-second Amendment to the Constitution imposes a term limit on the presidency, stating that no person can be elected to the office of President more than twice. This amendment was enacted in response to Franklin D. Roosevelt's unprecedented four terms as president, which sparked concerns about unlimited presidential terms.
Eligibility Requirements
The Constitution outlines specific eligibility requirements for the presidency. According to Article II, only natural-born citizens of the United States who are at least thirty-five years old and have been residents of the United States for at least fourteen years are eligible to hold the office of President.
Treaty-Making and Appointments
While the President has the power to make treaties and appoint ambassadors, ministers, judges, and other officers, this power is not absolute. The President must seek the advice and consent of the Senate for these appointments, and two-thirds of the Senators present must concur.
Legislative Power
The President does not have the unilateral power to create laws. While the President can propose legislation and work with Congress to shape policy, the power to enact laws lies primarily with Congress.
Military Power
As Commander-in-Chief of the armed forces, the President has significant authority over the military. However, the power to declare war is constitutionally vested in Congress, which serves as a check on the President's military power.
Impeachment and Removal
The President can be impeached and removed from office for committing treason, bribery, or other high crimes and misdemeanors. The Constitution outlines the impeachment process, which involves the House of Representatives and the Senate.
In conclusion, while the President of the United States wields significant power, that power is not absolute and is balanced by the limitations imposed by the Constitution. These limitations ensure that the President's authority is checked and balanced by other branches of government and that the rights of the states and the people are protected.
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Congress's powers
The United States Congress is the chief legislative body of the country. Congress creates laws, and the Supreme Court interprets them in the context of legal disputes and rules on their constitutionality. Congress can also change the courts' size, structure, and jurisdiction. The two branches have sometimes disagreed on issues, but they have also found common ground and reinforced each other's work.
Congress has several explicit powers, also known as enumerated powers, which are defined by the Constitution. These include the power to:
- Lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the defence and general welfare of the United States
- Regulate commerce with foreign nations, Indian tribes, and between the states
- Establish uniform rules of naturalization and uniform laws on the subject of bankruptcies
- Promote the progress of science and the useful arts by securing exclusive rights to authors and inventors for their respective writings and discoveries
- Define and punish piracies, felonies committed on the high seas, and offences against the law of nations
- Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water
- Raise and support armies
- Dispose of and make rules and regulations respecting the territory or other property belonging to the United States
- Propose amendments to the Constitution and specify ratification by state legislature or conventions
- Choose the President or Vice President if no one receives a majority of Electoral College votes
- Direct the manner in which the District of Columbia appoints electors
- Determine what body can declare the President unable to discharge the powers and duties of the office
Congress also has implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause. It also has legislative powers.
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Supreme Court's powers
Article III, Section I of the US Constitution establishes the federal judiciary, with the judicial power of the country vested in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice.
The Supreme Court has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power was established in 1803 through the landmark case of Marbury v. Madison, where the Court asserted itself as the supreme expositor of the Constitution. The Court also has original jurisdiction over a narrow range of cases, including "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party".
The Supreme Court plays a crucial role in ensuring that each branch of the government recognises the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution. The Court also ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities, thus setting limits on democratic governments.
The Supreme Court receives about 7,000 petitions for writs of certiorari each year but only agrees to hear around 100-150 of these cases. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case. The Court's decisions have a significant impact on society, influencing not just lawyers and judges but also the general public.
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Frequently asked questions
The US Constitution is a document that outlines the functions of the US government, dividing it into three branches: legislative, executive, and judicial. It also outlines the division of power between the federal government and the state governments, and protects the individual liberties of American citizens.
The legislative branch, also known as Congress, is responsible for passing laws. The executive branch, led by the President, enforces laws and commands the armed forces. The judicial branch, including the Supreme Court, interprets laws and can overturn unconstitutional ones.
The Tenth Amendment grants powers not explicitly given to the federal government, to the states or the people. It reinforces the idea of federalism, or the division of power between federal and state governments, and helps maintain a balance between them.
The people are considered the ultimate source of power in a democracy. The Constitution is meant to protect the rights and liberties of the people, and any powers not explicitly given to the federal government are reserved for the states or the people.
The Constitution is written in broad terms, allowing for flexibility and interpretation. However, it can also be amended, although the process is deliberately difficult to ensure stability. Amendments are added to clarify or expand upon the rights and powers outlined in the original document.
