 Constitution grants so many specific powers to the Federal Government, at the same time, lists a rather large number of things that the Federal Government is not allowed to do. Evidently, the framers were afraid that too strong a central government would easily bring about autocracy. In order to restrict the authority of the central government, the framers wanted to make it clear in the Constitution that certain powers were emphatically denied to the Federal Government. Restrictions of the powers of the Federal Government are listed below:
- No exercise of powers not delegated to it by the Constitution.
- No payment from the Treasury except under appropriations made by law.
- All duties and excises must be uniform throughout the United States.
- No tax or duty to be laid on articles exported from any state.
- No appointment of a senator or representative to any civil office which was created while he was a member of Congress or for which the amount of compensation was increased during that period.
- No preferences to the ports of one state over another in regulation or tax collection.
- No titles of nobility to be granted by the U.S. government, or permitted to be granted to government officials by foreign states.
- No bill of attainder or ex post facto law to be passed.
When the Constitution granted the Federal Government certain powers, the framers also considered reducing the power of the state governments, so that the central government could force the states to take unified steps if necessary. In Article I, Section 10, the Constitution stipulates, “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 or debts….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 its inspection laws…. 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….” According to this clause, the states were deprived of the power to issue currency, to levy taxes freely, to keep troops in time of peace, to make a compact of agreement with another state of the U.S., or with a foreign state, and to engage in war. With the prohibition of the states from issuing currency, the United States could now avoid inflation and depreciation of currency caused by unregulated money supply. With the restriction of the states from levying taxes freely, the obstacles of the commerce were removed. Now the state congresses did not have the power to collect heavy taxes freely on goods from other states any more, thus the commerce in the United States began to thrive. With the prohibition of the states from keeping troops in time of peace and engaging in war, the territorial integrity of the United States could be guarded, and the Union could be maintained. As the power of the state governments was limited, people’s confidence in their central government was greatly strengthened. The society of the United States was being led onto a right path of development.
Although the power is restricted, the states still possess some necessary powers and exercise important functions in the United States. The Tenth Amendment of the U.S. Constitution indicates that the states possess those powers that are not given to the Federal Government or prohibited to the states. The Tenth Amendment stipulates, “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.” State powers then are called reserved powers. Reserved powers are interpreted as the right to establish schools and supervise education, regulate intrastate commerce, conduct elections, establish local government units, and borrow money. In addition, a broad and generally undefined “police power” enables the states t