The Literal Constitutional Framework

Rights, Powers, and Checks & Balances (Strict Text Interpretation)

I. Citizen Rights: The Literal Text

Fundamental liberties and protections against government overreach, derived strictly from the text of the amendments.

1

Expression, Religion, Assembly

Free speech, press, assembly, religion, and the right to petition the government.

2 & 4

Arms & Search/Seizure

Right of the people to keep and bear Arms (2). Security in persons, houses, papers against unreasonable searches (4).

5 & 14

Due Process & Equal Protection

Due process, protection from double jeopardy, eminent domain (5). Nor shall any State deny equal protection of the laws (14).

6 & 8

Trial & Punishment

Speedy public trial, assistance of counsel (6). No cruel or unusual punishments (8).

9 & 10

Retained & Reserved Powers

Rights retained by the people (9). Powers reserved to the States or people (10).

15, 19, 26

Voting Rights

Cannot be denied based on race, color, servitude (15), sex (19), or age 18+ (26).

II. Representation: Original Intent vs. Modern Reality

A. The Founders' Accountable Design

  • Local Focus: Citizen votes for a State Representative in their local area (shared zip code/community).
  • State Sovereignty: State government decisions were the most impactful on a citizen's day-to-day life.
  • Senator Check (Pre-17th): State Representatives held US Senators accountable through the power to elect, recall, or remove them.
  • Presidential Check: State Legislatures chose Presidential Electors (a power the state still retains, though now delegated to popular vote).
  • Goal: Representation was close, frequent, and deeply tied to local interests.

B. The Unintended 2025 Burden

  • High-Volume Voting: Citizen must vote in multiple primary/general elections for dozens of local, state, and federal offices.
  • Absentee Accountability: Citizen votes for US House (gerrymandered), US Senators (statewide), and President, all of whom have minimal local contact.
  • Voting as a "Full-Time Civic Job": Being informed on all local positions (Mayor, Sheriff, County Commissioner) plus all state/federal issues requires constant effort.
  • Result: This complexity and lack of direct contact lead to sharp declines in turnout and engagement.

C. The Citizen's Control Mechanism (Use of Rights)

Base Liberty

Rights (5, 4, 8) ensure personal security and liberty against the state.

Political Engagement (1, 15, 19, 26)

  • Voting: Uses the right to vote for all local, state, and federal representatives.
  • Petition/Assembly: Uses Free Expression to organize political action.

Defense & Redress (5, 6, 1)

  • Jury System: Uses rights (6, 7) as the citizen's direct check on the judiciary.
  • Due Process: Ensures fair legal treatment and protection of property (5, 14).
➜

Political and Defensive actions influence the officials elected by the vote, closing the constitutional loop.

III. Voter Turnout Analysis (1900s–2020s)

The gap between Federal and Local engagement confirms the breakdown of the Founder's localized vision, with local accountability suffering the most.

Source: U.S. Elections Project, NCSL, Brookings (VEP Turnout Rates, approximate by decade).

IV. Division of Sovereignty (Literal Interpretation)

Reserved State Powers (Tenth Amendment)

Powers not prohibited to the states NOR delegated to the U.S. government are reserved entirely to the states.

  • General Police Power: Health, Safety, Welfare, and Morals.
  • Civil & Domestic Law: Education, Family Law, Property, and Contracts.
  • Intrastate Commerce: Business and agriculture conducted entirely within state borders.
  • Local Government: Creation, regulation, and funding of counties and cities.
  • Militias: Organizing and training military forces (Art. I, §8, cl. 16).

Enumerated Federal Powers (Art. I, §8)

The powers of Congress are specifically limited to those listed in Article I, Section 8.

  • Taxation & Spending (Limited to general welfare/debt).
  • Borrowing Money & Coining Money.
  • Interstate & Foreign Commerce (Regulate trade between states).
  • Military & War (Declare war, raise armies/navies).
  • Naturalization (Immigration) & Post Offices.
  • Necessary and Proper Clause (To carry out the above enumerated powers).

Structural Amendments That Changed Federalism

16th Amendment (Federal Tax Expansion)

Gave Congress the power to levy Income Taxes without apportionment. This fundamentally altered fiscal power, allowing federal revenue to expand from ~2 primary tax types (1910) to 27+ mechanisms (2025).

17th Amendment (Elimination of State Check)

Fundamentally changed federalism by eliminating the ability of state legislatures to elect, recall, or remove U.S. Senators, removing the state government's institutional check on the federal legislature.

V. Federal Structure & Literal Checks

Legislative (Congress)

Literal Powers (Art. I):

  • Pass laws (bicameral requirement).
  • Tax, borrow, and appropriate money.
  • Declare war.
  • Impeachment (House brings charges, Senate holds trial).

Checks on Others:

  • Override Presidential Veto (2/3rds vote).
  • Senate Confirmation (Treaties, Judges, Cabinet).
  • Impeachment/Removal (Executive & Judicial).

Executive (President)

Literal Powers (Art. II):

  • Commander-in-Chief.
  • Execute the laws ("faithfully executed").
  • Appoint officers (with Senate Consent).
  • Make treaties (with Senate Consent).

Checks on Others:

  • Veto legislative Acts.
  • Appoint federal judges (subject to Senate).
  • Grant pardons and reprieves.

Judicial (Courts)

Literal Powers (Art. III):

  • Hold tenure during "good Behaviour."
  • Jurisdiction over all cases arising under the Constitution/Laws/Treaties.
  • Original jurisdiction in cases involving States/Ambassadors.

Checks on Others:

  • Judicial Review (implied, established via Marbury but not explicitly in text).
  • Interpret the Constitution and federal laws.
  • Issue writs/orders binding the Executive.

VI. Top 10 Statutory Limitations on Checks

Specific Acts of Congress have legally shifted the balance, limiting original checks and expanding Executive/Administrative power beyond constitutional intent.

Erosion of Legislative Check

Rules Enabling Act (1934)

Delegated power to the Supreme Court to write court rules, sidestepping Congress's direct legislative control over procedure.

Administrative Procedure Act (1946)

Formalized the power of agencies to write binding rules (regulation), transferring vast legislative authority from Congress to the Executive bureaucracy.

Federal Reserve Act (1913)

Created an insulated, hybrid agency (the Fed) largely exempt from Congressional appropriation and direct audit control over monetary policy.

Expansion of Executive/Military Power

Insurrection Act (1807, amended)

Allows the President to deploy the military domestically, bypassing state Governor approval, overriding the state militia check.

Posse Comitatus Act (1878)

Bans using the military for domestic law enforcement (preserving the civilian check), but its exceptions are often overridden by Congress (e.g., in emergencies).

Defense Production Act (1950)

Grants the President sweeping authority over the economy (allocation of resources, controlling industry) during peacetime or national emergencies.

National Security Act (1947)

Created the modern centralized national security apparatus (CIA, DoD), granting the Executive a massive, semi-autonomous intelligence and defense authority.

Emergency & Surveillance Power

National Emergencies Act (1976)

Formalized and consolidated over 100 emergency powers, giving the Executive discretionary triggers to use them during crises.

War Powers Act / AUMFs

While intended to curb the President, Congress uses AUMFs (Authorization for Use of Military Force) as broad delegations, undermining its own check (the power to declare war).

Patriot Act (2001)

Vastly expanded federal surveillance and financial tracking powers, shifting the balance of citizen privacy versus Executive investigative authority.