The government of the United States is a federal republic, first formed by the voluntary union of thirteen commonwealths. At present it is composed of forty-four united States. It is a government of enumerated powers, and in this respect differs radically from the governments of the individual States. As all agree, the Federal Government possesses only those powers specifically granted to it by the constitution. The States possess all powers except those granted to the National Government, and those not prohibited to them by the terms of the constitution. When the government of the United States desires to exercise a power, it must be proven that it was the intention of the framers of the constitution, and so expressed in that instrument, that it should possess such a power. The States in the exercise of their powers need only show that they have not resigned that power. If there be any dispute as to the constitutionality of an act of either Congress or a State legislature, the point is decided in the final instance by the Supreme Court of the United States.
In the political history of our country since the adoption of the constitution, there have been ever present two great constitutional questions, in the conflicting answers to which we must seek the origin and creeds of our great political parties. If we can gain a proper conception of the character of these two questions, we shall have taken a long step towards the understanding of the reasons for the conduct of the various opposing parties, and the basis of the disputes arising between them. These have been the two questions. First, What is the extent of the powers granted by the constitution to the National Government? Second, What is the real nature of our Union; and, arising under this problem, What is the extent to which the States are justified in opposing what they believe to be unconstitutional acts on the part of the National Government; and, Can a State or States, as a last resort, withdraw from the Union? The remainder of this chapter will be mainly devoted to a more particular examination of these questions.
What are the legitimate powers of the United States Government?
The United States government was the result of the union of thirteen independent colonies--a union voluntary on the part of the colonies, yet forced upon them by the evident need of some central power strong enough to enforce obedience at home and demand respect abroad. The determination of what and how many the national powers should be, was the work of the Constitutional Convention. Of the difficulties of this task we have already spoken.