Constitution Corner: Original Authority

By Douglas V. Gibbs

The concept of Original Authority in relation to the United States Constitution is the idea that the States hold all original legal authority, and the initial power to make or enforce laws in the United States. As the agents of original authority, that means the States are the root authority in government. This principle is important to understand if we are to properly examine the original definitions of the text of the U.S. Constitution, and the principles contained within the document.

Prior to the United States Constitution, the States held all authorities on all issues. As individual, sovereign, States, sometimes a number of the laws in respect to those authorities differed. The legal makeup of each State was a direct reflection upon the unique culture of each State.

After the failure of the U.S. Government under the Articles of Confederation in its handling of Shays’ Rebellion, a failure marked by the government’s lack of authorities regarding the insurrection by Revolutionary War Veteran’s who were angry because the fiat money issued to them for their service was worthless when it came to using the funds to pay their debts, it was apparent to the Founding Fathers that a stronger government was necessary. At the Annapolis Convention in 1786 it was decided to hold another convention in 1787 to “fix” the Articles of Confederation, though it was apparent to a number of the delegates that a new constitution would be necessary. The fear of many, however, was that a stronger central government would place the sovereignty of the States in jeopardy, so a government restrained by limited authorities and a system of checks and balances was in order.

The States, having Original Authority, during the Constitutional Convention in 1787, legally transferred (granted/vested) some of their authorities to the new federal government so it may handle the external issues (like common defense and international trade), services for union cohesion (like the postal service) and disputes between the States (like with the Commerce Clause). As explained by the 10th Amendment, the States reserved all other authorities for themselves.

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