How does the Constitution limit the powers of government?
About this video
The speaker explains that the national government has only delegated, enumerated and therefore limited powers, listed mainly in Article I, Section 8, such as raising armies, regulating commerce among the states and foreign policy. All remaining power belongs to the states, which use 'police powers' to protect public health, safety and morals, so federalism is another way to check power.
You'll be able to
- explain what it means for the national government to have enumerated, limited powers.
- give examples of national powers and of state police powers.
- explain how federalism acts as a check on power.
Key words
- enumerated powers
- Powers specifically listed in the Constitution, such as in Article I, Section 8.
- delegated powers
- Powers given to the national government by the Constitution.
- plenary authority
- Full, general power to govern, which the states hold.
- police powers
- The states' general power to protect public health, safety and morals.
Transcript
Our central government is a government of delegated and enumerated, and therefore limited powers. If a power hasn't been given to the national government, the national government doesn't have it. The national government has the power to raise armies and navies. That's given to it under the Constitution. It's got the power to regulate commerce among the several states. It's got the power to engage with foreign countries, foreign policy, and so forth. It's got a range of powers. We can look at Article 1 Section 8, and we see a long list of the powers given to the national government. But those are all the powers the national government is supposed to exercise. Beyond that, any remaining powers, plenary authority, general jurisdiction is not with the national government, or is rather with the states.
The states as governments of general jurisdiction, exercise the police powers to protect public health, safety, and morals. In their sphere, they are sovereign. The federal government is sovereign in its sphere. But where the federal government hasn't been given power, it has no authority to override the decisions of the states exercising their pleenary authority as governments of general jurisdiction.
The federalism system is another way in which we check power. Make sure that there's not too much power in the most dangerous place you can put power, which is in the central government.
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