What are the federal government's powers?
The most important reasons for a union and federal government are:
Defense.
To keep the peace against both internal turmoil and external attacks.
To regulate commerce with other nations and between the States.
To supervise our political and commercial interests with foreign countries. Federalist Paper #23 [paragraph 3]*
Six Classes of Federal Power
Security against foreign danger.
Regulation of interactions with foreign nations.
Maintain harmony and interactions among the States.
Miscellaneous objects of general utility.
Restraint of the States from certain injurious acts.
Provisions giving effectiveness to these powers. Federalist Paper #41 [paragraph 5]
1. Security against foreign danger
Security against foreign danger is a primary objective of civil society. It is an essential objective of the American Union. Therefore, the federal government must have the powers to keep the nation safe. Federalist Paper 41 [paragraph 7]
The powers within the first class are:
• declaring war,
• granting letters of marquee,
• providing armies and fleets,
• regulating and using the militia,
• levying and borrowing money. Federalist Paper 41 [paragraph 6]
2. Regulation of interactions with foreign nations
The federal government’s second class of powers regulates how the country deals with foreign nations. The federal government will:
• make treaties
• send and receive ambassadors, ministers, and consuls
• define and punish piracies, felonies on the high seas and against the law of nations
• regulate foreign commerce
It is essential that the federal government have this class of powers. If we are to be one nation, other nations must see us as one nation. Federalist Paper 42 [paragraph1-2]
3. Maintain harmony and interactions among the States
This classification could include the restraints on State authority and some judicial power. But the limits on State authority are a separate class and judicial powers will be examined under the sixth class…the remaining powers under this third class are:
• regulate commerce among the States and the Indian tribes,
• coin and regulate the value of money,
• punish counterfeiting coins and securities of the United States,
• fix the standard of weights and measures,
• make a uniform rule of naturalization and uniform laws of bankruptcy,
• prescribe the way that public acts, records, and judicial proceedings of each State will be proved and the effect they will have in other States,
• establish post offices and post roads Federalist Paper 42 [paragraph 9]
4. Miscellaneous objects of general utility.
The fourth class of powers includes:
• copyrights, patents
• federal capital
• other federal property
• treason: definition, punishment
• creation of new states
• United States territories
• guaranteed republican government in each State
• States protected against invasion
• States protected against internal violence
• amending Constitution Federalist Paper 43
5. Restraint of the States from certain injurious acts
The fifth class of provisions restricts State authority:
No State shall:
• enter into any treaty, alliance, or confederation;
• grant letters of marque and reprisal;
• coin money;
• emit bills of credit;
• make anything 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. [Article 1, section 10] Federalist Paper 44 [paragraph 1-2]
6. Provisions giving effectiveness to these powers.
The sixth and last class consists of the powers and provisions that give efficacy to all the rest. These fall into four categories:
A. Make necessary and proper laws
B. Federal laws supreme
C. Oath to support Constitution
D. Executive, judicial federal powers Federalist Paper 44 [paragraph 9]
*all excerpts from The Federalist Papers: Modern English Edition Two, Webster, 2008.
ecurity against foreign danger.
Regulation of interactions with foreign nations.
Maintain harmony and interactions among the States.
Miscellaneous objects of general utility.
Restraint of the States from certain injurious acts.
Provisions giving effectiveness to these powers. Federalist Paper #41 [paragraph 5]
1. Security against foreign danger
Security against foreign danger is a primary objective of civil society. It is an essential objective of the American Union. Therefore, the federal government must have the powers to keep the nation safe. Federalist Paper 41 [paragraph 7]
The powers within the first class are:
• declaring war,
• granting letters of marquee,
• providing armies and fleets,
• regulating and using the militia,
• levying and borrowing money. Federalist Paper 41 [paragraph 6]
2. Regulation of interactions with foreign nations
The federal government’s second class of powers regulates how the country deals with foreign nations. The federal government will:
• make treaties
• send and receive ambassadors, ministers, and consuls
• define and punish piracies, felonies on the high seas and against the law of nations
• regulate foreign commerce
It is essential that the federal government have this class of powers. If we are to be one nation, other nations must see us as one nation. Federalist Paper 42 [paragraph1-2]
3. Maintain harmony and interactions among the States
This classification could include the restraints on State authority and some judicial power. But the limits on State authority are a separate class and judicial powers will be examined under the sixth class…the remaining powers under this third class are:
• regulate commerce among the States and the Indian tribes,
• coin and regulate the value of money,
• punish counterfeiting coins and securities of the United States,
• fix the standard of weights and measures,
• make a uniform rule of naturalization and uniform laws of bankruptcy,
• prescribe the way that public acts, records, and judicial proceedings of each State will be proved and the effect they will have in other States,
• establish post offices and post roads Federalist Paper 42 [paragraph 9]
4. Miscellaneous objects of general utility.
The fourth class of powers includes:
• copyrights, patents
• federal capital
• other federal property
• treason: definition, punishment
• creation of new states
• United States territories
• guaranteed republican government in each State
• States protected against invasion
• States protected against internal violence
• amending Constitution Federalist Paper 43
5. Restraint of the States from certain injurious acts
The fifth class of provisions restricts State authority:
No State shall:
• enter into any treaty, alliance, or confederation;
• grant letters of marque and reprisal;
• coin money;
• emit bills of credit;
• make anything 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. [Article 1, section 10] Federalist Paper 44 [paragraph 1-2]
6. Provisions giving effectiveness to these powers.
The sixth and last class consists of the powers and provisions that give efficacy to all the rest. These fall into four categories:
A. Make necessary and proper laws
B. Federal laws supreme
C. Oath to support Constitution
D. Executive, judicial federal powers Federalist Paper 44 [paragraph 9]
*all excerpts from The Federalist Papers: Modern English Edition Two, Webster, 2008.