With reference to the source, and any other information you have
studied, discuss the extent to which the US Constitution continues
to limit the power of the Federal Government.
Paragraph Key Points Relevant Cases
Para 1 - Quote states - 'The government in Washington DC has far
Intro more power than was ever intended. It intervenes in local
affairs in ways that the Framers wish to prevent."
Widespread nature - with popularity - Tea Party movement -
emerged in 2009 - demands for the return to - original
interpretation of the US whereby primacy for law making -
states + not central government.
Amendment 10 1791 - 'The powers not delegated to the
States by the Constitution, nor prohibited by it to the states,
are reserved to the States respectively, or to the people."
Powers are not expressly given - federal government or N/A
specifically forbidden to the States - must be left to the Sates
to legislate how they see fit.
Highly debateable if this really happened.
Articles of Confederacy - states - large autonomy - reluctant
to relinquish to a centralised power especially after trying to
remove - tyrannical dictatorship King George III.
Federalist system - governance was devised by the Founding
Fathers, with an independent S.C. established by Article 3 -
settle disputes over jurisdiction between States + Capital.
Possibly include source.
Para 2 FF assumed states - major domestic role of government e.g. The 'concurrent' powers - federal
law + order. and state governments - such as
Constitution doesn't detail - functions of the states. taxation, both federal + state
More specific - states couldn't do - the limits on their freedom governments can legislate
which was the price - greater national unity - what newly simultaneously.
created federal government could and couldn't do. Powers 'specifically' denied to the
Described in the following ways: FINISHED ACROSS federal government. Constitutional
'Enumerated powers': Congress right to legislate in certain prohibitions on the Congress e.g.
specific areas - Article 1 Section 8 e.g. defence, currency, Post taxing exports, creating titles of
Office + naturalisation of citizens. nobility or favouring the ports of
'Inherent powers': has the right to do certain things because one state over another.
they are 'inherent' in its role e.g. conduct foreign relations + Powers 'denied': to the states
wage war. restricts activities of state
'Implied powers': Listed specific areas where Congress may governments in certain fields - enter
legislate Article 1 Section 8 - make all laws ' "necessary + into treaties - foreign powers or
proper" for carrying into execution the enumerated powers. impose import or export duties.
The reserved or residual powers of
the states. The Tenth Amendment -
BOR - price of ratification of the
Constitution - anything not
delegated to the federal
government or denied to the states -
left to the states.
Para 3 Not always been easy to say which matters in practice are Implications at state level + result =
within - sphere of federal or state government. apparent legal power base of
New issues - arisen - disputes over meaning of words Congress gradually expanded.
constitutional meaning . Lead many to conclude -
S.C. - interpret and settle disputes. Constitution failed to continue to
JR - new trends in federalism combined to informally amend limit the power of FF intended by
the Constitution. the Framers.
S.C. declared against state laws more frequently than laws
passed by Congress.
studied, discuss the extent to which the US Constitution continues
to limit the power of the Federal Government.
Paragraph Key Points Relevant Cases
Para 1 - Quote states - 'The government in Washington DC has far
Intro more power than was ever intended. It intervenes in local
affairs in ways that the Framers wish to prevent."
Widespread nature - with popularity - Tea Party movement -
emerged in 2009 - demands for the return to - original
interpretation of the US whereby primacy for law making -
states + not central government.
Amendment 10 1791 - 'The powers not delegated to the
States by the Constitution, nor prohibited by it to the states,
are reserved to the States respectively, or to the people."
Powers are not expressly given - federal government or N/A
specifically forbidden to the States - must be left to the Sates
to legislate how they see fit.
Highly debateable if this really happened.
Articles of Confederacy - states - large autonomy - reluctant
to relinquish to a centralised power especially after trying to
remove - tyrannical dictatorship King George III.
Federalist system - governance was devised by the Founding
Fathers, with an independent S.C. established by Article 3 -
settle disputes over jurisdiction between States + Capital.
Possibly include source.
Para 2 FF assumed states - major domestic role of government e.g. The 'concurrent' powers - federal
law + order. and state governments - such as
Constitution doesn't detail - functions of the states. taxation, both federal + state
More specific - states couldn't do - the limits on their freedom governments can legislate
which was the price - greater national unity - what newly simultaneously.
created federal government could and couldn't do. Powers 'specifically' denied to the
Described in the following ways: FINISHED ACROSS federal government. Constitutional
'Enumerated powers': Congress right to legislate in certain prohibitions on the Congress e.g.
specific areas - Article 1 Section 8 e.g. defence, currency, Post taxing exports, creating titles of
Office + naturalisation of citizens. nobility or favouring the ports of
'Inherent powers': has the right to do certain things because one state over another.
they are 'inherent' in its role e.g. conduct foreign relations + Powers 'denied': to the states
wage war. restricts activities of state
'Implied powers': Listed specific areas where Congress may governments in certain fields - enter
legislate Article 1 Section 8 - make all laws ' "necessary + into treaties - foreign powers or
proper" for carrying into execution the enumerated powers. impose import or export duties.
The reserved or residual powers of
the states. The Tenth Amendment -
BOR - price of ratification of the
Constitution - anything not
delegated to the federal
government or denied to the states -
left to the states.
Para 3 Not always been easy to say which matters in practice are Implications at state level + result =
within - sphere of federal or state government. apparent legal power base of
New issues - arisen - disputes over meaning of words Congress gradually expanded.
constitutional meaning . Lead many to conclude -
S.C. - interpret and settle disputes. Constitution failed to continue to
JR - new trends in federalism combined to informally amend limit the power of FF intended by
the Constitution. the Framers.
S.C. declared against state laws more frequently than laws
passed by Congress.
