Perhaps it's time for a civics lesson

Perhaps it's time for a refresher course in what used to be taught in high school civics. It was a required course when I went to high school back in the last century. I can't tell you if it's required or even taught in our high schools today. What I can tell you is that most people do not understand the limits the U.S. Constitution places upon federal government.

Most people do not understand that the U.S. Constitution did not create a hierarchy of government in which the federal government is the greatest, states second, and county and municipal governments at the bottom of the heap. What the U.S. Constitution did is set up a way in which the states could join together and provide for certain needs that the individual states could not fulfill on their own.

Thus, the states did not relinquish their powers when the federal government was formed; they joined together with other states to delegate certain and limited powers to a federal government for the welfare of all the states. Each had their own realm and authority. The states retained their authority over domestic and intrastate matters but delegated to the federal government authority over specific national and interstate matters.

To understand the constitutional realm and role of federal government, I invite you to read Article 1, Section 8, of the U.S. Constitution, which spells out in pretty specific terms the legislative powers of Congress and the limited realm of federal government:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And

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.

Article I, Section 10, limits the powers of states in the following specific areas (which were delegated by the states to the federal government):

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

The President of the United States, in addition to his duties as the commander and chief of the U.S. military, is assigned the duty to "take Care that the Laws [of the United States] be faithfully executed" (Article II, Section 3). He is given no power to legislate by executive order, and executive orders are limited to the faithful execution of laws passed by Congress.

Article III, Section 2, assigns the following limited role to the Supreme Court (and other inferior federal courts established by Congress):

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Again, the jurisdiction was limited to specific types of cases. Federal courts were not given authority as the original court or appellate court except in the above-mentioned cases.

And, finally, so that this delegation of state powers to the federal government not be abused, Amendment X (in the Bill of Rights) was adopted. It states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

There you have it in a simple civics lesson by reading the Constitution itself. The states delegated to the federal government certain, specific powers. And the states made clear the limitations of federal power with the adoption of the 10th Amendment. You will find no federal authority for such things as regulating public education, establishing environmental regulations, giving of grants, setting minimum wages, establishing national parks -- and the list goes on almost ad infinitum.

In fact, the Constitution actually created a separation of powers few hear about anymore. The federal government was delegated certain authority but remained under the control of the states and of the people, with the people electing their representatives and the states (prior to the 17th Amendment) electing their senators -- a further division of powers and safeguard against tyranny.

Under the Constitution, states did not abrogate their powers and authority. They created a federal government which was to be servant to the united states in carrying out certain and specific duties. Sad to say, the federal government has arrogated authority which rightfully belongs to the states and to the people and has sought to turn a balance of powers -- between the people, the states and the federal government -- into a hierarchy with the federal government as king and the states and the people as vassals.

Randy Moll is the managing editor of the Westside Eagle Observer. He may be contacted by email at [email protected]. Opinions expressed are those of the editor.