Hello.
--------------------------------------------
Where do the powers of the states come from?
--------------------------------------------
Thomas Jefferson and many other political philosophers might say that
the powers of the states come from the consent of the people who
reside in the states. Under the U.S. Constitution, though, the main
legal basis for state powers is the 10th Amendment.
'The Tenth Amendment states a basic principle of our federal system,
that "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved to the
states respectively, or to the people." The exact meaning of the Tenth
Amendment has been hotly debated throughout our nation?s history. At
times it has been interpreted to be but a truism, a statement of the
existing relationship between the nation and the states. More
recently, though, it has been interpreted to place real limits on the
power of the national government and to allow the states more
authority. Regardless of precise interpretation, all agree that the
Tenth Amendment creates a set of reserved powers exclusively for the
states.'
From:
Chapter 3 ? Federalism; Political Science 101, hosted by Mesa State University:
http://maverick.mesastate.edu/pols101/webct_ch3.htm
---------------------------------------
What are states prohibited from doing?
---------------------------------------
"...the Constitution?Article I, Section 10 in particular?is much more
explicit about limitations on state power. The states are forbidden to
engage in foreign policy. They cannot sign treaties with foreign
nations, enter into war or maintain their own military forces without
permission of the national government. The state role in interstate
and foreign commerce is limited. They cannot coin money, define legal
tender, impair contracts or tax imports or exports. States, like the
national government, cannot pass either bills of attainder or ex post
facto laws."
source:
Chapter 3 ? Federalism; Political Science 101, hosted by Mesa State University:
http://maverick.mesastate.edu/pols101/webct_ch3.htm
Also, because of the Constitution's "Supremacy Clause" and the Supreme
Court case of McCulloch v. Maryland, states are prohibited from
passing laws that conflict with either federal law or the U.S.
Constitution.
'Article VI of The United States Constitution states that the
"Constitution, and the Laws of the United States which shall be made
in Pursuance thereof; and all treaties made or shall be made, under
the Authority of the United States, shall be the Supreme Law of the
Land."... Furthermore, all federal, state, and local officials must
take an oath to support the Constitution. This means that state
governments and officials cannot take actions or pass laws that
interfere with the Constitution, laws passed by Congress, or treaties.
The Constitution was interpreted, in 1819, as giving the Supreme Court
the power to invalidate any state actions that interfere with the
Constitution and the laws and treaties passed pursuant to it. That
power is not itself explicitly set out in the Constitution but was
declared to exist by the Supreme Court in the decision of McCulloch v.
Maryland.'
source:
"Constitutional law: an overview," hosted by Cornell University
http://www.law.cornell.edu/topics/constitutional.html
Additionally, under the 14th Amendment, states are prohibited from
depriving any person of life, liberty, or property, without due
process of law, and are also prohibited from denying any person within
their jurisdiction equal protection of laws.
"...nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws. "
sources:
14th Amendment, hosted by Cornell University:
http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html
Also see: Equal Protection, hosted by Cornell University:
http://www.law.cornell.edu/topics/equal_protection.html
--------------------------------------------------
What are some of the powers that the states have?
--------------------------------------------------
"Chief among the states powers reserved by the Tenth Amendment is what
is called police powers: the ability of the states to regulate the
health, safety, morals and general welfare of its citizens. This is a
broad grant of authority that goes far beyond creation and enforcement
of the criminal code. Under the police powers the states establish
public health laws, create and run public education systems, define
moral standards and license professions from hairdressers to doctors
and lawyers. States define family life by establishing laws governing
marriage and divorce and they play an important role in our nation?s
economy through the power to define contract law, corporate law,
insurance law, property law and environmental law among others. The
notion of police powers is a flexible one; over the last two centuries
the states have greatly expanded their roles and the limits of this
power have been the frequent subject of court challenges."
source:
Chapter 3 ? Federalism; Political Science 101, hosted by Mesa State University:
http://maverick.mesastate.edu/pols101/webct_ch3.htm
There are also some powers that states have that the federal
government has as well.
"There are...areas... where each level of government ? nation and
state ? can exercise power. The most prominent concurrent power is the
power to tax. There are limits on the power to tax?no state government
can tax imports or exports and no government can tax another
government?but both the national and state governments tax widely. For
example, both the national government and over 40 states raise revenue
through an income tax. Other examples of concurrent powers are the
power to borrow money and to create court systems. These concurrent
powers are not directly spelled out in the Constitution; they are
implied by the existence of a federal system with two independent
levels of government."
source:
Chapter 3 ? Federalism; Political Science 101, hosted by Mesa State University:
http://maverick.mesastate.edu/pols101/webct_ch3.htm
------------------
search terms:
federalism, 10th amendment, states, powers, "supremacy clause", 14th amendment
I hope this helps. |
,
0 Comments
)