Many people today, especially those on the conservative champion needing “Small Government” - usually as they expand another area. But this thought process misses the entire intention of the Constitution. The Founding Fathers of the United States crafted the Constitution with a clear vision of limited government, outlining enumerated powers to prevent the central authority from becoming too intrusive. This concept of limited government was rooted in the experiences of the American colonies under British rule, where they had grown wary of a distant and overreaching monarchy. The Constitution, ratified in 1788, aimed to establish a federal government with specific listed powers leaving the rest to the states or the people under the Tenth Amendment (https://constitution.congress.gov/constitution/amendment-10/)[1]
The enumerated powers granted to the federal government can be found in Article I, Section 8 of the Constitution. These powers include the authority to collect taxes, regulate commerce, coin money, establish post offices, and provide for the common defense and general welfare. The intention was to create a government that could address essential national issues while respecting individual liberties and state autonomy.
The expansion of the federal government's administrative authority has been a topic of concern for many who argue that it encroaches upon the principles of limited government outlined in the Constitution.
Congress expanded its law-making powers by exploiting and expanding the last sentence in Section 8: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” It seems that Congress forgot the “Proper” portion of that section and abused it to expand – which has reduced our liberties. (The Elastic Clause- meaning Congress uses and expands this as they need) https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm#a1_sec3[2]
Contrasting this with the contemporary Republican perspective on “small government” reveals a nuanced evolution. Many Republicans today advocate for limited government intervention in economic and social matters, arguing for reduced regulations and lower taxes. While this aligns with the Founders' vision of limited government, the current discourse often extends beyond the Constitution's original framework.
Over the years, the federal government has expanded its reach, sometimes departing from the enumerated powers. One significant shift occurred during the Great Depression when President Franklin D. Roosevelt implemented the New Deal, a series of programs and policies aimed at addressing economic challenges. This era saw an increased federal role in areas such as social security and labor relations, expanding the government's footprint beyond its originally defined boundaries. (https://www.history.com/topics/great-depression/new-deal)[3]
One notable consequence of this expansion is the potential infringement on individual rights protected by the Bill of Rights. For instance, the First Amendment, guaranteeing freedom of speech, religion, and the press, has faced challenges as the unelected government's administrative agencies gain more authority to regulate various aspects of public life. Speech codes on college campuses or restrictions on certain forms of expression have been critiqued as violations of the First Amendment. This is discussed in more detail in our article on Hate Speech. https://www.federalist2.org/post/free-speech-vs-hate-speech[4]
Another notable expansion came with President Lyndon B. Johnson's Great Society programs in the 1960s, focusing on civil rights, education, and healthcare. These initiatives further broadened the federal government's role in domestic affairs, well beyond what the Founders might have envisioned.
(https://obamawhitehouse.archives.gov/1600/presidents/lyndonbjohnson[5]) A third such expansion created a new right, in the view of some, to healthcare. The Obama Administration passed into law the Affordable Healthcare Act commonly known as ObamaCare. This law was to reduce the annual medical costs for the typically American by $2500 per year, but in fact average insurance premium doubled and was promoted to cover all Americans. The law failed on both. https://www.heritage.org/health-care-reform/report/obamacare-has-doubled-the-cost-individual-health-insurance[6]
Similarly, concerns have been raised regarding the Fourth Amendment, protecting against unreasonable searches and seizures. The expansion of surveillance programs and data collection by federal agencies, often justified by national security concerns, has sparked debates about the balance between individual privacy and collective security. (https://constitution.congress.gov/constitution/amendment-4/[7])
The Second Amendment, securing the right to bear arms, has also been subject to increased regulation as administrative agencies attempt to address concerns related to gun violence. This has led to ongoing legal battles and discussions about how far the government can go in regulating firearm ownership without infringing on citizens' rights. The Supreme Court has rules on this issue several times. (https://supreme.justia.com/cases-by-topic/gun-rights/[8])
Furthermore, the administrative state's growth has implications for due process rights outlined in the Fifth Amendment (https://constitution.congress.gov/constitution/amendment-5[9]/). Administrative agencies, with their quasi-judicial functions, can make decisions that impact individuals' lives without the same procedural safeguards as traditional courts. Critics argue that this undermines the concept of a fair and impartial legal process.
The expansion of federal administrative authority can also be linked to concerns about the Tenth Amendment – the idea that powers not delegated to the federal government are reserved for the states or the people. As the federal government's reach expands, there's potential for states to lose their autonomy in regulating certain matters, leading to a more centralized and less diverse approach to governance.
In terms of inalienable rights (https://medium.com/leadership-culture/five-freedoms-of-the-first-amendment-the-meaning-of-unalienable-rights-233c4bbe6ea0[10]), the argument goes that the unchecked growth of the administrative state may erode these fundamental rights. Inalienable rights, often considered natural rights inherent to humanity, are at the core of the American political philosophy. The worry is that an expansive administrative state might disregard or diminish these rights in the pursuit of bureaucratic efficiency or policy goals.
To revert to the original enumerated powers intended by the Founders, a thoughtful reevaluation of government functions is necessary. This involves scrutinizing existing programs and agencies to determine whether they align with the enumerated powers. Policymakers could consider devolving certain responsibilities to the states, allowing for more localized and tailored solutions to issues.
Additionally, a renewed commitment to the principles of federalism could guide this process. Federalism emphasizes a balance of power between the national and state governments, fostering a system where decisions are made at the most appropriate level. By reinforcing this principle, the federal government can refocus on its core responsibilities and avoid unnecessary intrusion into areas best handled at the state or local level.
Furthermore, fostering a culture of constitutional literacy is crucial (https://drexel.edu/law/academics/kline-difference/public-interest-law-pro-bono-service/pro-bono/marshallbrennan/Background/[11]). Educating citizens about the Constitution's original intent and the importance of limited government can create a more informed electorate. This, in turn, can influence political discourse and encourage leaders to adhere to constitutional principles.
In conclusion, the expansion of the federal government's administrative authority beyond the Constitution's enumerated powers raises significant concerns about the potential infringement on citizens' rights and liberties, especially those enshrined in the Bill of Rights. Striking a balance between effective governance and the preservation of individual freedoms remains an ongoing challenge in the complex landscape of modern governance.We need to understand the Founders' vision of limited government with enumerated powers provides valuable insights into the ongoing debate about the size and scope of the federal government. While Republicans today often champion small government, the evolution of federal powers over the years requires careful consideration and recalibration. By reevaluating programs, embracing federalism, and promoting constitutional literacy, the nation can work towards a government more in line with the intentions of its Founding Fathers.
[1] Constitution Annotated – Congress.gov/Constitution
[2] US Senate – Constitution of the United States
[3] History Channel – The Great Depression
[4] The Federalist 2.0 – Blog: Free Speech vs. Hate Speech
[5] Government Archives / Obama
[6] The Heritage Foundation – Report on Healthcare Reform
[7] Constitution Annotated – Congress.gov
[8] Justia -US Supreme Cases
[9] Constitution Annotated – Congress.gov
[10] Medium – Five Freedoms of the First Amendment
[11] Marshall-Brennan Constitutional Literacy Project
Gregory Mattison has been politically active for over 30 years. His political passion can be traced to his 8th Grade Civics teacher, Mr. Martin, he had to memorize the Constitution and the Declaration of Independence. His love for this Country and its unique creation under God has continued to grow. Gregory is married to High School Sweetheart, Jewel, for 39 years. He has two grown children and two beautiful Granddaughters. Greg has been active in the Convention of States, writes for The Federalist 2.0, and participates in the Patriot Academy’s Biblical Citizen course. He has mentored adults in sales / marketing as well as school kids in reading. He is a past Toastmaster president and still speaks publicly. Currently, he is launching another business, Efficiency Partners. (www.efficiencypartnersllc.com)