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
=Powers of the States.=--The powers left to the states, unlike those
conferred upon the national government, cannot be enumerated. They are
so varied in character, and so extensive, that an attempt to enumerate
them would involve cataloguing all the multitudinous business and social
relationships of life. The powers of the national government seem much
greater by comparison than those of the states, partly because they are
set forth in the Constitution and partly because of their application
throughout the entire country, but in reality they are not only far less
numerous but affect less vitally the great mass of the people. The
powers of the states include such matters as the regulation of the
ownership, use, and disposition of property; the conduct of business and
industry; the making and enforcing of contracts; the conduct of
religious worship; education; marriage, divorce, and the domestic
relations generally; suffrage and elections; and the making and
enforcement of the criminal law. In the division of governmental powers
between the nation and the state, says Bryce, the state gets the most
and the nation the highest, and so the balance between the two is
preserved.
"An American," says Mr. Bryce, "may, through a long life, never be
reminded of the federal government except when he votes at
presidential and congressional elections, buys a package of tobacco
bearing the government stamp, lodges a complaint against the post
office, and opens his trunks for a customhouse officer on the pier
at New York when he returns from a tour in Europe. His direct taxes
are paid to officials acting under state laws. The state or local
authority constituted by state statutes registers his birth,
appoints his guardian, pays for his schooling, gives him a share in
the estate of his father deceased, licenses him when he enters a
trade (if it be one needing a license), marries him, divorces him,
entertains civil actions against him, declares him a bankrupt,
hangs him for murder; the police that guard his house, the local
boards which look after the poor, control highways, impose water
rates, manage schools--all these derive their legal powers from his
state alone."
=Rights and Privileges of the States as Members of the Union.=--The
states have certain rights and privileges which are guaranteed them by
the Federal Constitution, and of which they cannot be deprived by the
national government without their consent.
_Republican Government._--Thus it is made the duty of the United States
to guarantee to every state in the union a republican form of
government, that is, a government by the chosen representatives of the
people of the state. In a few cases rival governments have been set up
in a state, each claiming to be the legitimate government and entitled
to the obedience of the people; the one recognized by the federal
authorities has always prevailed.
Public-domain text, read in full here on John Shaqi.
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