Powers Vested on the Central Government of the US - Essay Example

Analytical Essay Introduction The United s constitutional system has created a situation where there is distinct separation of powers within the different organs of the government and within the national or federal government and the state government. The nature of distribution of powers in the country has created a limited constitution kind of government in which the powers of the national government are limited only to specific areas that are of national interest. The discretional power of different state organs, institution and public office holders are limited and enforced based solely on the provisions of the law. Based on the nature of the constitution and the provisions on the powers of the federal government, the American system has created a limited government scenario as the mandate of the federal government are limited by the fundamental constitutional provisions (Ginsberg, Lowi and Weir 47). Powers vested on the central government Through different approaches, the federal government controls the supply of money into the economy as a way of strengthening the currency and inflation. Through this function, the government ensures that the economy is protected from the impacts of credit and financial crisis as witnessed in the previous years. The federal government is also constitutionally required to regulate the trade within different states in the country and with international markets. This ensures that unscrupulous trading activities are controlled and illegal entry of products restricted. Treaties that border on security and protection of the territorial boundaries of the country like the north Atlantic treaties are a role of the national government. As a result, no other branch of government or state can declare war against a foreign country as this is the constitutional role of the federal government (Ginsberg, Lowi and Weir 46). The role of the national government on issues that affect the life of the citizens has remained a controversial issue and this contributed to the limitation of the powers of the federal government. Before the American civil war, debates on the scope of the powers of the national government raged but most believed that the limitation of the federal government power would be in the interest of the people. The debates influenced the limitation of the powers of the federal government and different reasons have been cited for the limited nature of government in the country (Ginsberg, Lowi and Weir 73). One of the main contributing factors was the legacy of revolution which created the fear of the establishment of centralized power system whose strong influence would affect the function of other state and regional governments. This was complicated by the capabilities of the state governments to perform their responsibilities despite lack of residual sovereignty as compared to the federal government. The nature of the union and the supremacy of the federal government were settled through the protracted civil war in the country but did not address the controversial issue the division of responsibilities between the different levels of the government. The limited power to the federal government has also been attributed to the beliefs of the citizens that a strong and all powerful national government will limited the liberty and rights of the people. This approach was thus viewed as a solution to the problem of granting and concentrating power to one level of government that would negate the gains made on liberty and freedom. This made more sense to the founding generations and the framers that believed in strengthening localism through the restriction of the powers of the federal government. Federalism has been the root cause for the democratic space in the United States and this is attributed to the limited powers vested on the central government (Ginsberg, Lowi and Weir 81). Reasons for the limitation of the federal government powers A number of events have been attributed to limited government powers within the United States constitution according to American pioneer historians. For example, the Shay’s rebellion of 1786 that was against the establishment of a constitutional authority to recommend the seizure of farms of credit defaulters. Through this conflict that involved citizens and government sponsored militia forces, the middle and the elite members of the society noted the ineffective nature of the articles of confederation. This rebellion created room for the constitutional convention that reduced the powers of the federal government and created a line between the role of the state and the national government (Ginsberg, Lowi and Weir 32). The Chisholm v Georgia case of 1793 also highlighted the need for the limitation of the powers of the federal government. The whisky rebellion that followed the decision of the United States government to impose tax on whisky as brought to fore the need for the limitation of federal government powers. As a result of the events that followed, George Washington, the president of the United States signed proclamations that gave governors powers to organize and control militias (Ginsberg, Lowi and Weir 86). The framers of the constitution also attempted to avoid the creation of a tyrannical government similar to the same one that they had attempted to eliminate through the enactment of the constitution. The desire to limit the powers of the constitutions is attributed to use of phrases such as ‘we the people’, an emphasis on the power of the people. For example, James madison expressed the need for delegating constitutional powers to different arms of the government as opposed to a centralized system. The desire to implement the bill of rights for the American people is enshrined in the 10th amendment of the United States constitution through the limitation of the federal government powers. As a result, all powers not provided to the United States federal government nor restricted by the same constitution are within the confines of the state governments or the people. Conclusion The limitation of the powers of the federal government created a situation where the country is managed by distant dictator whose action is curtailed by the people. The people’s voices and control on the actions of the national government is exercised through the elected representatives who act as check and balance for the government. As highlighted in the fourth amendment, the powers and rights of the people are protected and this has been used to prevent the excesses of the government while implementing its responsibility. The nature of distribution of powers in the country has created a limited constitution kind of government in which the powers of the national government are limited only to specific areas that are of national interest. The discretional power of different state organs, institution and public office holders are limited and enforced based solely on the provisions of the law. The impact of the limited government concept on the current governments has remained a major controversy in different public debate environments but its benefits have been attributed to the continued protection. Work cited Ginsberg, Benjamin, Lowi, Theodore and Weir Margaret. We the people: an introduction to the American politics. W.W. Norton & Company, Inc., 2013. Print. Read More