Powers of the State and National Government (Essay Sample)

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Powers of the State and National Government
Introduction
The ideology of governance in the United States took a major twist after the great depression in 1933. The legislation process changed the government system dynamically by establishing and passing new laws that would grant the government powers. The powers were specifically meant to benefit the citizens. The fruits of democracy enjoyed today by the United States citizens are a clear reflection of the sound legislation processes that took place in the transition era. Ironically, even as the vigorous legislation process brought sound policies to the citizens, their trust in government has reduced drastically. The constitution together with the articles of confederation plays a big role in the governance of USA. They describe the powers of the states and national government. The framers of the constitution had an impressive idea in their mind on what constitute a government should. In the preamble of the constitution, the purpose of the government is to promote justice and maintain peace. Additionally, it is meant to protect citizens from foreign foes, maintain citizen’s welfare and secures the ‘blessings of liberty’ for all Americans (Ginsberg, et. al. 2014: 65).
In November 1777, the continental Congress adopted the articles of confederation-America’s first written constitution. The relationship between states and the national government was referred to as confederation. The states were allowed to retain their freedom and independence. The central government was to be run and controlled by the Congress whose powers were vested under the articles. The Congress was given very few powers to exercise with most powers vested in the individual states governments. The members of the Congress were like messengers or representatives of the state governments. Their salaries were granted by state treasuries and were subject to immediate recall by the state government.Under the articles, the Congress was given the power to declare war or make peace.They could also make treaties and alliances, coin or borrow money and regulate trade with Native Americans (Ginsberg, et. al. 2014: 70).It was also given the mandate to appoint senior army officers, but the national government didn’t have any army for them to command or appoint. The nation’s armed forces were composed of state militia from the initial thirteen states that signed the articles of confederation. However, the articles and constitution could not hold the nations together thereby causing conflicts among the states. A major conflict of interest was reflected on the completion for foreign commerce among the states.
The competition for foreign commerce among the states was a major weakness that was left an undressed by the articles of confederation. The Europeans took advantage of this and played off the states against each other. They could not enter into negotiations with the British because the British government argued that the nation was unable to enforce the existing treaties. They, therefore, preferred to enter into a treaty with individual states. The nation also faced a threat from Spain, which held vast areas of control in both North and South America. The balance of political and economic powers was also not controlled. A major legislature was passed in Rhode Island, which had negative implications to farmers, shopkeepers, artisans and currency inflation rates. The Congress was unable to solve all these problems- the articles of confederation never gave guidelines on how these issues could be addressed. The continuation of economic havoc and international weakness made the nations reconsider whether the articles of confederation had achieved the initial objectives of governance. The Annapolis Convention in Virginia in 1786 recommended that the Congress send commissioners to Philadelphia. These commissioners would then review and make recommendations on the articles of confederation that would make the centralized government suitable to the demands of the state’s union. On May 1787, delegates from states convened to address the flaws in the articles of confederation and also establish an effective and legitimate national government that would be guided by a well-structured constitution.
In the new constitution, the framers advocated for a strong government that would promote commerce and protect property from radical state legislations. It also advocated for the establishment of national judicial supremacy. A bicameral legislature was also introduced; the Congress was divided into chambers. Checks and balances in power were outlined, office tenures and terms were given, and an indirect election was also introduced. In the indirect election, the president was to be selected by an electoral college rather than directly by voters. Bill of rights was added to ensure that the minority were represented. The constitution was structured in seven major articles.
The legislative branch consisted of two houses: the Senate and the House of Representatives. The latter were given two-year term in offices and were to be elected directly by the people. The Senate members were given a six-year term in office and were to be appointed by the states (this changed to direct election in 1913 constitutional amendments).The executive branch advocated for the establishment of the presidency in Article II (Ginsberg, et. al. 2014: 80).The president was to be independent of the people and any other branch of the government. He was given the power to accept foreign diplomats, negotiate treaties, and grant reprieves and pardons except in impeachments. He would also convene a special meeting with the Congress and appoint senior departmental personnel. However, the veto powers were kept in check by the Congress. Again the president was to be elected indirectly by a separate electoral college.
The judicial branch established the Supreme Court. The main purpose of the Supreme Court was to solve any dispute that erupted between the states and federal government laws. It was to determine the exclusiveness of a given power to the state or national government. Again, it was granted freedom to solve controversies among states. Judges were given lifetime appointments. Each state was prohibited from discriminating other states citizens in favor of its own to promote national unity and power (Ginsberg, et. al. 2014:82). The states powers were restrict...