the constitution

Question

The Constitution is specific about some features of the relationship between national and state governments and vague about some other features. Give examples of both specific and vague provisions and discuss how the latter has helped Americans adapt the constitution to changing times

Answer 1

Fantastic question! Our federalism system provides for states to have much more power than other forms of governments, think Canada and provinces, Germany and landers, or Russia and oblasts. And our founders realized that those who govern closest, govern best; this allows for specific problems to be addressed with targeted solutions. But how does the Constitution relay that power to the states or federal government? Elections are perhaps the best example.

For one, elections are pretty much solely in the power and jurisdiction of the states. Other than the date of the presidential election, which is explicitly stated in the Constitution, states have the power to structure their election type (first past the post/50+1, rank choice, etc.). This vagueness has allowed states to be innovative in how they create electoral processes. In addition, the timing of primary elections, especially the presidential, can help smaller states arrogate more political power (think NH and SC).

An example of the tug-of-war between states and the federal government of elections is the election of the Senate. Originally, Article I, Section 3 stated Senators shall be elected by a state's legislature. However, in the early 20th Century, the 17th Amendment was ratified and provided Senators be elected directly by the voters. This fundamentally changed who would both serve in the Senate and how they courted their voting constituencies.