Constitutional Power Quotes



In the English system the checks and balances of the American system are not present. Historically in England the Monarch and the Parliament acted as checks upon each other. With a Constitutional Monarch there is no institutional check on Parliament. The checks are their restraint--respect for precedent--and the voters. The Prime Minister is a member of Parliament and has no powers other than what Parliament gives him/her. The courts in England are under Parliament and the upper house, the House of Lords is the equivalent of the highest court—but it may always be overruled by the parliament itself.


Jefferson was worried that the Federal Government would get too expansive and justify almost any activity using the Commerce Clause of the Constitution. In this example, he goes from the responsibility for National Defense which is clearly Federal down to the hiring of the miners to produce the copper to arm the ships and shipbuilding which he thought were NOT legitimate Federal activities. He was right in the sense that the Commerce Clause did justify major Federal expansion, but at the times of the expansions and now most Americans thought that the expansions were useful and necessary. Jefferson and Alexander Hamilton were on opposite sides of the degree of expansion that was desirable.