The Nature of the US Constitution Government and Politics 12 CL

The US constitution can be both dynamic and static. It is dynamic because it needed to be possible to change
it with time in accordance with the Westward Expansion. It is also static to prevent the possibility of a tyrant
getting rid of the supreme court or congress.

The Supremacy Clause

Article IV, Paragraph 2 is commonly referred to as the Supremacy Clause. It establishes the federal
constitution and Federal Law will generally take precedence over the state law, and even state constitutions.

Enumerated or Delegated Powers

Delegated (sometimes know as enumerated or expressed) powers are specifically granted the federal
government in Article I, Section 8 of the constitution. This includes the power to coin money, regulate
commerce, declare war, to raise and maintain armed forces and to establish a post office. This is done to
avoid a state becoming rogue or being more powerful than the rest.

Implied Powers

Implied Powers are the political powers that are granted to the federal government of the US that are not
explicitly stated in the constitution. They’re implied to be granted because similar powers have set a
precedent. These implied powers are necessary for the function of any given governing body.

Necessary and Proper Clause

Article I, Section 8, Clause 18: “To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers and all other powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof…” This clause allows the government to make any
law that is necessary and proper for the successful running of the country. The clause is open to a huge level
of abuse from potentially tyrannical leaders. However, many argue the level of power is limited by the
checks and balances in place.

Reserved Powers

Reserved powers, residual powers or residuary powers are the powers that are neither prohibited nor
explicitly given by law to any organ of government. In the United States, the Tenth Amendment of the
Constitution states that any power not explicitly granted to the federal Government lies solely with the states.
This was useful in the Founding Father’s time as it establishes the powers that lie with the states alone,
which kept them on their side.

Concurrent Powers

The concurrent Powers refer to powers which are shared by both the Federal Government and the State
Governments. This includes the power to tax, build roads and create lower courts.

Entrenchment

The process of an attitude, habit, or belief becoming so firmly established that change is very difficult or
unlikely to change. The Founding Fathers deliberately favoured the idea of entrenched beliefs in the United
States Government. This was because one of their main aims was to prevent the rise of a tyrant so they
ingrained certain political ideas into the system to make the possibility of an overly powerful leader from
changing integral parts of the constitution. However, the entrenchment of political ideas can be extremely
damaging to certain groups in society, notably, the African-American population in both the Era of the Slave
Trade before the Civil War and the Segregation up until the Civil Rights Movement.