What are the limits of federal power under the US Constitution?
The United States Constitution limits the federal government’s power in three ways. First, the US Constitution divides power between the federal government and the states. This is known as federalism and was designed to protect the rights of each state without giving too much power to the federal government. Second, the Constitution is the supreme law of the land and all powers not expressly given to the federal government in the Constitution are reserved to the states or the people. This is known as the 10th Amendment. Finally, the Constitution contains a system of checks and balances that prevents any one branch of the federal government from becoming too powerful. The Constitution has been interpreted to limit the power of the federal government in other ways, as well. For example, Congress cannot pass laws that violate the Bill of Rights, which includes the right to free speech, freedom of religion, and other important rights. Similarly, Congress cannot pass laws that violate the Equal Protection clause of the 14th Amendment, which states that all people must be treated equally and fairly under the law. In New York, the state constitution also limits and restricts the power of the federal government. In addition, New York state courts may decide cases involving the US Constitution, meaning that New York state judges have the power to interpret the US Constitution and limit the power of the federal government.
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