Community Civics and Rural Life Part 65

It was clearly expected that most of the governing powers to which the people were subject should be exercised by the states, and not by the national government. The national government was to exercise no powers except such as were DELEGATED to it in the Const.i.tution. These powers are important ones, but few in number, and are listed in section 8 of Article I. In order to make this limitation of powers perfectly clear, the tenth amendment declares that "The powers not delegated to the United States by the Const.i.tution, nor prohibited by it to the states, are reserved to the states respectively or to the people." Certain powers were also expressly denied to the national government in section 9 of Article I.

Discuss the meaning of each clause in Article I, section 8.

Discuss the meaning of each clause in Article I, section 9.

THE SCOPE OF NATIONAL POWERS

The powers of the national government relate to interstate and foreign affairs, or to matters that the several states could not well regulate without confusion or injustice. For example, it was chiefly the confusion in matters pertaining to trade in the period following the Revolution that made the new government necessary.

Therefore power was given to it "to regulate commerce with foreign nations and among the several states, and with the Indian tribes."

So, also, it was given power "to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures," for varying systems of coinage and of weights and measures would be inconvenient. For similar reasons it was empowered "to establish post-offices and post-roads," "to establish an uniform rule of naturalization" for immigrants, and "to promote the progress of science and useful arts" by giving copyrights and patents to authors and inventors. The states, on the other hand, were expressly forbidden to exercise any control over some such matters of national and international concern in section 10 of Article I.

Read section 10, Art I, and discuss the reasons why the powers there mentioned should have been denied to the states.

THE SYSTEM OF CHECKS AND BALANCES

Not only did the framers of the Const.i.tution carefully limit the powers that the national government might exercise, but they also introduced into the organization of the government various devices to control it and to prevent any of its parts from a.s.suming too much power. The most important of these is the system of CHECKS AND BALANCES. In our national government, as in the state governments, the legislative, executive, and judicial powers are SEPARATED. In early times in England, the king could make any laws he wished, he could enforce them as he pleased, and he controlled the courts of justice. In our government the legislature, composed of representatives of the people, makes the laws; the executive branch of government sees to their enforcement; and the courts, which are responsible neither to the legislature nor to the executive, interpret the laws and administer justice in accordance with the laws. This separation of powers is to prevent any one person or group of persons from exercising too much power, as the king did, and is a safeguard to the liberty of the people. But the separation of powers IS NOT COMPLETE. Each branch of government has A LIMITED CONTROL over the others. This const.i.tutes THE SYSTEM OF CHECKS AND BALANCES, which still further protects the people's liberties.

While the President cannot make the laws, he is given a check upon the lawmaking power of Congress by his veto power. On the other hand, he cannot, by an excessive use of his veto power, destroy the lawmaking power of Congress, because Congress may pa.s.s laws over the President's veto by means of a two-thirds vote.

The President cannot make a treaty, nor appoint men to office, without the consent of the senate; neither can he exercise his executive powers until Congress votes him the necessary money.

If Congress pa.s.ses a law that is contrary to the Const.i.tution the courts may declare the law void, and the executive cannot enforce it. The courts, on the other hand, are in a measure under the control of both Congress and the President, for Congress may create and destroy courts (except those created by the Const.i.tution), and the President, with the consent of the senate, appoints the judges.

ADVANTAGES AND DISADVANTAGES OF CHECKS AND BALANCES

The "checks and balances" in the organization of our government have been very effective in accomplis.h.i.+ng the purpose for which they were intended, namely, to protect the liberties of the people against despotic government. But they have also, at times, been an obstacle to team work and to effective service. It sometimes happens, for example, that the President represents one political party, while the majority of one or both houses of Congress are of the opposing party. The two branches of government may then enter into a struggle on partisan grounds, each trying to defeat the program of the other. Such a situation was probably unforeseen by the framers of the Const.i.tution, although it again reminds us of Was.h.i.+ngton's warning with regard to the dangers of the party spirit.

THE IMPLIED POWERS OF THE NATIONAL GOVERNMENT

With the growth of our nation, the national government has come to perform a vast amount of service, as we have seen in earlier chapters, and to regulate the lives of the people in a mult.i.tude of ways little dreamed of by the makers of the Const.i.tution. This has been possible because of the principle of IMPLIED POWERS in the Const.i.tution. This means that some of the powers expressly granted in the Const.i.tution have been broadly interpreted to IMPLY powers not expressly stated. There are certain clauses in the Const.i.tution that especially lend themselves to such broad interpretation. For example, after the enumeration of the powers which Congress may exercise, in section 8 of Article I, clause 18 of that section gives Congress power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers ..." Another clause whose liberal interpretation has been responsible for much of the service performed by the national government is that giving it the power to regulate interstate commerce (Art. I, sec. 8, clause 3).

In the early days of our government the Federalist party, under the leaders.h.i.+p of Alexander Hamilton, proposed the creation of a NATIONAL BANK. The Republican party under Jefferson opposed this because the Const.i.tution did not expressly provide for it, and because it was feared that it would give the national government too much power. But the "broad constructionists" argued that a national bank was a "necessary and proper" means to enable the national government "to borrow money on the credit of the United States" and to exercise other financial powers expressly granted in the Const.i.tution. The supreme court of the United States supported the latter view, and the national bank became a fact.

The building of roads and other internal improvements by the national government have always been opposed by the "strict constructionists," except where roads were clearly "post-roads"

(Article 1, section.8, clause 7). But the "broad constructionists"

argued that roads were "necessary and proper" to provide "for the common defense," and also as a means "to regulate commerce among the several states."

Most of the work that the national government has done for the promotion of the public health, such as the pa.s.sage and enforcement of the "pure food and drugs act," the inspection of livestock and of slaughterhouses, and the attempt to regulate child labor, has been done under the authority of the clause giving Congress power to regulate interstate commerce.

EXPANSION OF POWERS BY JUDICIAL DECISION

It has been the duty of the Supreme Court of the United States to decide finally whether much of the new service undertaken by the national government is in accordance with the Const.i.tution or not, and this court has been responsible for most of the expansion of the service rendered, because of its liberal interpretation of the Const.i.tution.

Why should the power to regulate interstate commerce also give Congress the power to require the inspection of cattle in your neighborhood? or to forbid the use of harmful substances in patent medicines? or to forbid the employment in factories of children?

Find out what you can about the influence of John Marshall, Chief Justice of the Supreme Court, in extending the powers of the national government.

THE EXECUTIVE CENTRALIZED AND CONTROLLED

The Const.i.tution vests the executive power in the President of the United States (Art. II, sec. I), and he alone is responsible to the people for the execution of the laws. The people are protected against abuse of this power in the hands of one man by various const.i.tutional provisions. The President's term of office is limited to four years, though he may be reelected. In case of improper conduct in office, he may be removed by IMPEACHMENT. The impeachment charges must be brought against him by the House of Representatives, and the Senate, presided over by the Chief Justice of the Supreme Court, must act as a court to try the case.

Moreover, even the President must act according to law, and in so far as his duties are not prescribed by the Const.i.tution they are prescribed by Congress. Congress must also create the machinery by which the President executes the laws, and it must appropriate the necessary money. The Senate exercises a further control over the President in that it must approve all appointments and all treaties made by him.

METHOD OF ELECTING THE PRESIDENT

The method of electing the President provided in the Const.i.tution was intended to insure a wise choice, and also shows a lack of complete confidence in the people on the part of the framers of the Const.i.tution. He was to be elected by a body of ELECTORS, chosen by the several states "in such manner as the legislatures thereof may direct," the number of electors from each state to equal the whole number of senators and representatives from that state (Art. II, sec. 2). These electors were originally chosen by the legislatures of the states, but are now elected by the people.

When voters "vote for the President" every four years, they in reality only vote for these electors who, in turn, cast their votes for the President.

DEPARTURE FROM THE INTENTION OF THE CONSt.i.tUTION

In the method of electing the President we find one of the points where the intention of the framers of the Const.i.tution has clearly been thwarted. It was obviously the intention that the electors chosen by the states should use their own discretion in the choice of the President. But in practice to-day, the entire body of electors from each state always represents the victorious political party, and casts its vote invariably for the presidential candidate already nominated by the party machinery.

We still elect the electors, and the electors go through the form of electing the President; but their part in the procedure is now entirely useless.

THE VICE-PRESIDENT

The Vice-President of the United States is elected at the same time and by the same method as the President. But he has no executive duties whatever so long as the President is capable of performing his duties. In order that he might have something to do, he was made presiding officer of the Senate, but even there he has no vote.

Investigate and report:

The qualifications necessary to hold the office of President (Const., Art. II, sec. I, cl. 5).

How the electors elect the President (Const., Amend. XII).

Who would become President if both the President and the Vice- President should die.

The salary of the President.

The oath taken by the President on a.s.suming office. The difference between an oath and an affirmation (Art. II, sec. i, cl. 8).

The powers of the President (Art. II, sec. 2).

A President who was impeached.

Why no President has been elected for a third term.

Advantages and disadvantages of a longer term for the President.

GROWTH OF THE NATIONAL SERVICE ORGANIZATION

The President is at the head of a stupendous service organization which was not ready-made by the Const.i.tution, but which has been gradually created by acts of Congress under its express and implied powers. The Const.i.tution did not even create the great administrative departments through which the President works, although it implied that such departments should be created: "The President ... may require the opinion, in writing, of the princ.i.p.al officer in each of the executive departments, upon any subject relating to the duties of their respective offices" (Art.

II, sec. 2, cl. i). The heads of these departments are appointed by the President, are responsible to him, and may be removed by him. Together they const.i.tute the President's CABINET, meeting with him frequently to discuss the affairs of their departments and matters of public policy.

THE ADMINISTRATIVE DEPARTMENTS

Five of these administrative departments were created during Was.h.i.+ngton's administration. These five have grown to cover a mult.i.tude of activities that were not at first contemplated, and five other great departments have since been created.

The DEPARTMENT OF STATE maintains relations between the United States and foreign powers. The Secretary of State, acting for the President, negotiates treaties with foreign governments, and is in constant communication with the amba.s.sadors, ministers, consuls, and other representatives of our government in foreign countries, and with similar representatives of foreign governments in this country. This department is the medium of communication between the President and the governors of the several states. The Secretary of State has in his keeping the treaties and laws of the United States, and also the Great Seal of the United States, which he affixes to proclamations, commissions, and other official papers. Through him the rights of American citizens in foreign countries are looked after. He is first in rank among the members of the cabinet, and by law would succeed to the Presidency in case of the death or disability of both the President and the Vice- President.

The DEPARTMENT OF THE TREASURY has at its head the Secretary of the Treasury, who is the financial manager of the national government. He prepares plans for, and superintends the collection of, the public revenues; determines the manner of keeping the public accounts; directs the coinage and printing of money. He also controls the construction and maintenance of public buildings, and administers the public health service and the life- saving service.