In this engaging conversation, Gary Gerstle, a Professor of American History, dives deep into the U.S. Constitution and its evolving role in modern politics. He discusses the balance of power between federal and state governments and how this dynamic has shifted over time. Gerstle highlights the difficulty of amending the Constitution and the significant changes that have occurred through interpretation instead. He also examines the impact of the Civil War and the tension between 'living constitution' concepts and originalism, shedding light on the complexities of American democracy today.
The U.S. Constitution created a framework that centralized federal power while allowing states significant authority over social issues and governance.
Interpretations and practices of the Constitution have driven substantial changes over time, often more so than formal amendments.
Deep dives
The Constitutional Shift from Confederation to Centralization
The United States Constitution ushered in a significant shift in governance by replacing the Articles of Confederation, which granted excessive powers to individual states, with a more centralized authority. Key powers taken from the states included currency control, military command, and exclusive rights to regulate interstate commerce and taxation. This restructuring aimed to strengthen the federal government, reflecting a need for coordination and resources to confront internal challenges and external threats. The transition emphasized a balance where the federal government was granted enumerated powers primarily through Congress, while states retained a broad range of socially-oriented powers.
Amendments and the Erosion of State Power
The Bill of Rights introduced at the Constitution's inception aimed to safeguard individual liberties, but the amendments also sparked debates surrounding their applicability to state governance. Over time, the Civil War led to the ratification of critical amendments that aimed to protect rights regardless of race or ethnicity; however, a counter-revolution began, allowing states to reclaim authority over various matters. This dynamic meant that while the federal government was empowered in principle, states retained considerable jurisdiction over social issues, resulting in a complex relationship in governance. The 14th Amendment’s intended application of the Bill of Rights to the states did not fully materialize until the civil rights movements of the 1960s.
The Evolving Role of Federal Power
The 20th century witnessed significant power shifts within the U.S. government, notably the expansion of federal authority during crises such as the Great Depression and the Cold War. Historical events altered the perception and role of the presidency, as emergent crises necessitated decisive executive actions, often without formal constitutional amendments. This period demonstrated the adaptability of the Constitution; while amendments were scarce, the federal government expanded through interpretations that justified increased authority, particularly in matters of national security. The balance between state and federal power remains a contentious issue, as courts often deferred to presidential authority during wartime, complicating the power dynamics between the branches of government.
David talks to Gary Gerstle about the history of the United States Constitution and its current role in American political life. Is it still fit for purpose in the twenty-first century and what could be done to change it?
“American democracy is stuck, but because of the Constitution it also has a history of getting stuck.”
Talking Points:
The Constitution not only divided power between the federal government and the states; it also gave each level of governance a different theory of power.
The Constitution strengthened the power of the central state—this was necessary for the fledgling country to take on larger challenges.
But Americans were wary about centralized power. Their solution was the enumeration of powers: the federal government would only have those powers explicitly stated in the Constitution.
Non-enumerated powers remained in the hands of the states, which have, historically, legislated far more intrusively than the federal government.
The biggest changes to the Constitution are not through amendments but through interpretation and practice.
Amending the Constitution is extremely difficult.
Commentators often identify the Civil War as a constitutional inflection point. After the war, the Constitution was amended to abolish slavery (13th amendment) and protect the rights of citizens (14th and 15th amendments).
But in the years that followed, the states successfully clawed back many of the powers they had been forced to relinquish. As a result, the force of the civil rights amendments was not felt until the 1960s when the Warren Court effectively imposed the Bill of Rights on the states.
The 1960s saw a split between those who believed in originalism versus the living constitution.
The Democrats say that the Constitution only works in a radically changing society if you interpret it liberally, in a living sense, for every generation.
The conservatives say that the Constitution must be interpreted according to what the founding fathers intended.
The root of the conflict between Democrats and Republicans is over the proper use of federal power.
Today, federal paralysis means that there is a resurgence of activity on the state level.
With a conservative court, the states could even become the vanguard of the progressive movement.
In the post-Civil War, post-Warren court era, federalism may be able to work in a way that it never could before.
And as ever, recommended reading curated by our friends at the LRB can be found here: lrb.co.uk/talking
Set your alarm clocks… next week, Diane Coyle talks to David about economic well-being. What do the statistics miss and how has the digital revolution affected our quality of life?
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