Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=Division of Powers.=--The Federal Constitution has marked out a
definite sphere of power for the states, on the one hand, and another
sphere for the national government on the other, and each within its
sphere is supreme. Upon the domain thus created for each the other may
not encroach. Each is kept strictly within its own constitutional sphere
by the federal Supreme Court, and the balance between the union and its
members is harmoniously preserved.
The states were already in existence with organized governments in
operation when the national government was created. The founders of the
national government conferred upon it only such powers as experience and
reason demonstrated could be more effectively regulated by a common
government than by a number of separate governments; they left the
states largely as they were, and limited their powers only so far as was
necessary to establish a more effective union than the one then
existing. Experience had taught them, for example, that commerce with
foreign countries and among the states themselves should be regulated by
a single authority acting for the entire country: only in this way could
uniformity be secured, and uniformity in such matters was indispensable
to the peace and perpetuity of the union. Accordingly, the national
government was vested with power over this and other matters which
clearly required uniformity of regulation, and the remaining powers of
government were left with the states, where they had always been. Thus
it came about that the national government was made an authority of
enumerated or delegated powers, while the states have reserved powers.
_Prohibitions._--It was thought wise, however, to prohibit both the
national government and those of the states from doing certain things,
and thus we find provisions in the Federal Constitution forbidding both
governments from granting titles of nobility, from passing ex post facto
laws, bills of attainder, etc. Likewise the states were prohibited from
entering into treaties with foreign countries, from coining money, from
impairing the obligation of contracts, and from passing laws on certain
other subjects which it was clearly unwise to leave to state regulation.
Public-domain text, read in full here on John Shaqi.
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