Does the Federal Government Have Enough Power?

Introduction

Based on the American Constitution, the nation operates under a federalist system of government. Federalism in the United States was established after the independence of the thirteen states, as described in the Articles of Confederation. However, the federal government at that 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 also shares certain powers with the states — including the formulation and enforcement of laws, taxation, and acquiring loans. This raises an important question: does the federal government have enough power, too much power, or just the right amount? This paper argues that the federal government has just the right amount of power, and the discussion below defends this position.

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 authority from the Constitution. The powers of each branch are vested in the federal courts, the Congress, and the President, respectively.

The Congress is the legislative branch, and it is a bicameral structure comprised of the House of Representatives and the Senate. The Constitution grants Congress numerous powers, including levying and collecting taxes, creating federal courts inferior to the Supreme Court, declaring war, providing and maintaining a navy, and making laws necessary to execute its powers properly. While Congress makes the laws, it has no power to interpret or enforce them — that responsibility belongs to the judiciary and the criminal justice system (Dry, 233). The fact that Congress cannot enforce the laws it creates means that its power is not only subject to oversight but also inherently limited. Additionally, if Congress passes laws that conflict with existing law or the Constitution, such laws can be struck down by the courts, which further checks congressional power.

The executive power of the federal government is vested in and practiced by the President. In day-to-day operations, these powers are typically delegated to Cabinet members and other federal officials. Congress retains the ability to summon Cabinet members for oversight, which serves as a check on executive power. The President and Vice President are elected through a popular vote and the Electoral College, and the presidency is limited to two four-year terms (Dry, 233). This structure ensures that the presidency remains accountable, and the concerns of each state — including the District of Columbia — must be addressed. After each term, Americans have a direct say in how executive power has been exercised.

The judiciary has the role of interpreting and applying the laws. This is accomplished through hearing and making determinations on legal issues presented before the courts. Article III, Section I of the Constitution establishes the Supreme Court of the United States. The Supreme Court's members are appointed by the President, but to prevent the President from appointing individuals who solely advance his own agenda, nominees must be confirmed by the Senate (Young, 80). Importantly, courts cannot create the laws they apply; however, they can make recommendations to Congress regarding legislation needed to address emerging legal challenges.

Justification That Federal Power Is Just Enough

First, it must be noted that under the Articles of Confederation, the federal government was very weak, and most power was vested in state governments. However, such a federal government was not sufficiently equipped to address the challenges that faced the states at the national level (Scheiber, 86–88). This warranted a logical expansion of federal power under the Constitution — a fact that directly counters the argument that the federal government has too much power. The current powers held by the federal government were granted as a matter of necessity, enabling it to fulfill its mandate effectively.

Second, the American governance system is founded on an adversarial principle in which no single actor holds absolute power. Within the federal government, a system of checks and balances ensures that none of the three branches exercises power beyond constitutional limits or abuses its authority (Galligan, 234). For instance, while Congress makes laws, it does not interpret or apply them — that is the function of the judiciary. On matters of political appointments, the executive does not have absolute power, as presidential nominees must be confirmed by the Senate, which may reject any appointee it deems unfit (Kagan, 369–406). Cabinet appointees are subject to congressional oversight, presidential terms are limited, and each president must remain sensitive to all regions of the country because of the influence of the Electoral College. This structure of checks and balances ensures that no branch of the federal government exercises excessive power.

Third, the United States is among the most enduring democracies in the world in terms of upholding democratic rights. As a functioning democracy, the operations of the federal government are bound by and oriented toward the interests of the general public (Rose, 673–692). On this basis, the federal government must work in conjunction with other agencies and governments established by the Constitution. Because federal power exists to serve the republic, no constitutionally granted power can reasonably be characterized as excessive.

Lastly, the powers of the federal government correspond directly to its responsibilities. The federal government is responsible for issues that affect multiple states, international and foreign affairs that concern the United States broadly, and the rights and welfare of all Americans (Bush, 29–31). The federal government shares the function of protecting every American with the states, but when an issue reaches national importance, agencies such as the Federal Bureau of Investigation (FBI) must intervene. In matters of interstate trade, while states negotiate directly, the federal government establishes the framework for those negotiations to ensure fairness and consistency. The fact that the federal government exercises power only in areas where the Constitution mandates it confirms that the level of power it holds is just right.

Conclusion

The United States operates under a federalist government, with power shared between the federal government and the state governments. Nonetheless, there remains a persistent question about whether the federal government is too powerful, too weak, or appropriately balanced. This paper has argued that the federal government's power is just enough. The power of the federal government was established through the Constitution by the Founding Fathers as a matter of necessity. The American governance system is founded on an adversarial structure of checks and balances among the three branches of government, ensuring that no power becomes excessive. The United States is a democracy, and mechanisms such as the design of the Electoral College, the limitation on presidential terms, and the power of the voter all reinforce accountability. Federal power serves the interests of the republic; therefore, no constitutionally granted power is too much. Lastly, the powers exercised by the federal government have been granted through the Constitution precisely to enable the government to carry out its mandate — meaning that the power wielded is just the right amount. Arguments against the federal government that characterize its power as excessive are, in most cases, baseless, misrepresentative, or rooted in political bias.

Works Cited

Bush, George W. The National Security Strategy of the United States of America. Executive Office of the President Washington DC, 2002.

Dry, Murray. "Federalism and the Constitution: The Founders' Design and Contemporary Constitutional Law." Const. Comment. 4 (1987): 233.

Galligan, Brian. "Federalism and the Constitution." The Cambridge Handbook of Social Sciences in Australia (2003): 234.

Kagan, Robert A. "Adversarial Legalism and American Government." Journal of Policy Analysis and Management 10.3 (1991): 369–406.

Rose, Nikolas. "Governing by Numbers: Figuring Out Democracy." Accounting, Organizations, and Society 16.7 (1991): 673–692.

Scheiber, Harry N. "Federalism and the Constitution: The Original Understanding." American Law and the Constitutional Order: Historical Perspectives 85 (1988): 86–88.

Swift, Art. "Majority in US Say Federal Government Has Too Much Power." Gallup News 5 (2017).

Young, Dennis R. "Complementary, Supplementary, or Adversarial? Nonprofit-Government Relations." Nonprofits and Government: Collaboration and Conflict 37 (2006): 80.