Day 7: U.S. Constitution
This is perhaps the most important section of Article 1 as it defines the very specific and limited functions to which the Federal Government has power. James Madison wrote in Federalist Paper #45:
“The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
Article 1
Section. 8.
The Congress shall have Power
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; but all Duties, Imposts and Excises shall be uniform throughout 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 Indian Tribes;
To establish an 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 provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And
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.
Question:
1) Why are the federal powers limited to these specific areas?
2) What is the common defense and general welfare clause all about?
3) Why is it Congress that has power to declare war and not the President?
4) What does it mean to regulate commerce?
Answer:
1) Because these are all things that should be in common for all states and can be better managed under one authority instead of fifty (or rather thirteen at the time of the signing).
2) The congress is only authorized to do things that benefit every single citizen. A common defense of our nation benefits all citizens. Passing laws for the general welfare means the general populace is all benefited by the action. This cannot be construed to the benefit or detriment of one class over another.
3) Because going to war is serious business and it is far safer in the hands of a body of representatives (who are accountable to the people) than one supreme leader who might decide to punish a country that has slighted the person in power (as a dictator could).
4) To regulate means to make regular, or level the playing field. It does not mean to multiply rules and red tape to make doing business a difficult process.
Subscribe to this Series | Back to Day 6 | Go to Day 8
(Featured Image by W. Scott McGill @123rf.com)
