Assuring the Supremacy of Federal Law

Another area of disagreement that arose during discussions of the legislative power was how to deal with conflicts between federal legislation and state law. Under the Articles of Confederation serious problems had arisen when states simply ignored federal laws and treaties which they did not like. Originally, Madison's plan called for a veto procedure whereby Congress could pass resolutions that would annul the effect of particular state laws. Others argued that this means of assuring federal supremacy would be too direct an affront to the states and unwieldy. The Framers settled upon a clause, set out in Article VI, which is referred to as the "supremacy clause":

This Constitution and the Laws of the United Stales which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary not withstanding.

Congress's "Power of the Purse"

A power of Congress about which the Framers did not disagree was the "power of the purse." They resolved that the sole power to decide whether and to what extent to tax and fund governmental programs must be lodged in Congress." Further, Article I gives the sole power to originate revenue bills to the House of Representatives, the house most directly representative of the people." This clause assured that there would be "no taxation without representation"—a major complaint about British colonial taxes. In addition, the "power of the purse" would serve as a democratic curb on presidential excesses and adventures, since both would likely need funding. The Framers also gave Congress the ultimate check on executive and Judicial power— the power of impeachment and removal from office of any "civil Officers of the United States," including the President and any federal judge."

Notes:James Madison (March 16, 1751 – June 28, 1836), was an American politician and the fourth President of the United States (1809–1817), and one of the Founding Fathers of the United States. Considered to be the "Father of the Constitution", he was the principal author of the document. In 1788, he wrote over a third of the Federalist Papers, still the most influential commentary on the Constitution. As a leader in the first Congresses, he drafted many basic laws and was responsible for the first ten amendments to the Constitution (said to be based on the Virginia Declaration of Rights), and thus is also known as the "Father of the Bill of Rights". As a political theorist, Madison's most distinctive belief was that the new republic needed checks and balances to limit the powers of special interests, which Madison called factions. He believed very strongly that the new nation should fight against aristocracy and corruption and was deeply committed to creating mechanisms that would ensure republicanism in the United States.

Date: 2015-12-11; view: 410