Federal Government and its Power

Does the Federal government have enough power?

Introduction

Based on the American Constitution, the nation is under federalism type of government. Federalism was established after the independence of the thirteen states, as described in the Articles of Confederation. However, the Federal Government at the time was very weak, and the Founding Fathers decided to develop a new system of Government. Within the present Constitution of the United States, the Federal Government has powers to make money, declare war, manage foreign relations, and oversee trade between states and with other countries (Scheiber, 86-88). The federal government shares powers with the states, e.g., formulation and enforcement of laws, taxation, and acquiring loans. This begs the question; does the Federal Government have enough power, too much power, or just the right amount of power? This paper claims that the Federal Government has just the right amount of power, and the discussion herein defends this argument.

Powers of the Federal Government

The federal government comprises three co-equal branches; the judiciary, the legislature, and the executive. Each of these institutions draws its power from the Constitution. The powers for each of the branches are vested on the federal courts, the Congress, and the President.

The Congress is the branch that legislates, and it is a bicameral structure comprised of the House of Representatives and the Senate. The Congress is given numerous powers by the constitutions, among them; levying and collecting taxes, creation of federal courts that are inferior to the Supreme Court, declare war, provide and maintain a navy, and make laws needed to execute powers properly. While the Congress makes the laws, it doesn't have any power in interpreting them or ensuring that they are enforced as this is the role of the criminal justice system, in which lies the justice system (Dry, 233). The fact that Congress cannot enforce the laws they make means that the power of the Congress is not only under check but also limited in this manner. Additionally, in the event the congress makes laws that conflict with the existing law and the constitution, such laws can be struck down by the courts, which further works to check on the powers of the American Congress.

The federal government’s executive power is vested and practiced by the president. Normally, and in the day to day operations of the government, these powers are delegated to the Cabinet members and other officials of the Federal Government. Congress can summon members of the Cabinet for oversight, which checks their power. The President and the Vice-President are elected into office through a popular vote, and the Electoral College and the president's term in office are limited to two terms of four years each (Dry, 233). This structure means that the presidency is under check, and the concerns of each State, including the District of Colombia, have to be addressed. After every term, Americans have a say on the president's execution of his power.

The judiciary has the role of explaining and applying the laws. This is done through hearing and eventually making determinations on various legal issues presented in courts. Article III, Section I of the American Constitution, establishes the Supreme Court of the United States. The Supreme Court’s members are appointees of the President, but to ensure that the president doesn't appoint persons who only advance his agenda, these nominees must be confirmed by the Senate (Young, 80). More importantly, the courts cannot make up the laws to be applied in the court, but they can make recommendations to Congress on the relevant laws to address emerging legal challenges.

Justification for federal government power is just enough

First, it must be noted that, during the federalism under the Articles of Confederation, the federal government was very weak, and most of the power was vested in state government. However, such a federal government was not sufficiently equipped to deal with the challenges that faced these states at the federal level (Scheiber, 86-88). This, therefore, warranted the logical reason to increase the power of the federal government under the Constitution. This argument thus counters the argument posed by those who argue that the federal government has too much power. This is because the current power the federal government has was given as a matter of necessity to allow it to execute its mandate efficiently.

Second, the American governance system is founded on an adversarial principle where no one has absolute power as, even in the federal government, there is a system of checks and balance that ensure that none of the three branches exercises their power beyond the limits of the constitutions, or abuses their power (Galligan, 234). For instance, while Congress makes laws, they do not explain or apply them, as that is the function of the Judiciary. On the matters of political appointments, the Executive doesn't have absolute power as political appointees by the President have to be confirmed by the Senate, which has the power to reject any appointee they deem unfit for the position appointed for (Kagan, 369-406). More importantly, Cabinet Appointees are under the check of the Congress, the term of the Presidency are limited, and each present must be sensitive to all regions of the country because of the power of the Electoral College. This structure of checks and balances guarantees that no power of the Federal Government is too much power.

Third, the United States is so far among the most enduring nations in upholding democratic rights. The American system is a working democracy so far, with human rights for all systems, a system to ensure fair application of justice for offenders and to deter any abuses of the powers granted by the constitution. As a democracy, the operations of the federal government are bound by and to the interests of the general public (Rose, 673-692.). On this basis, the federal government has to work in conjunction with other agencies and governments that have been established by the Constitution. As a democracy, the power of the federal government is to the interests of the republic, and thus, no power is too much power.

Lastly, the powers of the American Federal Government have been given based on its responsibilities. It is to be noted that the federal government is only responsible for issues that affect states and not just one state, international and foreign affairs that affect the US in general, and each American (Bush, 29-31). The federal government has a function in protecting each American, a power shared with the states. Still, if an issue gains national interests, then such agencies like the Federal Bureau of Investigation (FBI) has to intervene and exercise the federal government power. In trade agreement between states, while it's the role of the States to negotiate, the Framework for such negotiations is set by the Federal Government to ensure fairness and universality to all. The fact that the Federal Government has power for areas where the constitutions mandates it means that that is just the right power.

Counter arguments

The power of the federal government has been challenged through legal litigations that have gone up to the Supreme Court. Those who oppose the power of the federal government, popularly referred to as Anti-Federalists, argue that it is too much and should be restricted and more power allocated to the States. Anti-Federalists argued that the power of the Congress is unchecked, the Executive has too much power, and the power of the President is unchecked (Swift). Based on the arguments above, it is obvious that this argument is misleading, untrue, and not a representation of reality. The Federal Government had been shaped by the Founding Fathers to be self-checking. The Constitution protects the States; thus, no instruction by the Federal Government is possible.

Moreover, the argument that the power of the Federal Government is too much or too little is mainly based on political affiliations. When a Democratic President is in office, Republicans will argue that the power of the Federal Government is too much. At the same time, Democrats will argue that the Federal Government is too weak and deserves more power (Swift). For example, during the Obama Administration, Republicans argued that the Federal Government was too much, especially through the federal takeover of healthcare through the Affordable Care Act. Currently, during the era of the Republican President Trump Administration, and with demonstrations and sometimes violence in some states, Republicans argue that the Federal Government is too weak.