cover image: SPECIAL REPORT - Federalism in Crisis: Urgent Action Required to Preserve

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SPECIAL REPORT - Federalism in Crisis: Urgent Action Required to Preserve

30 Nov 2021

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.20 The powers granted to the federal government are enumerated in the Constitution’s Article I, Section 8 and include national defense, interna- tional trade an. [...] The term “pre-emption” refers to the constitutional authority of Congress to subordinate state law,72 as embodied in the Supremacy Clause: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be. [...] President Reagan issued this order96 “to restore the division of governmental responsibilities between the national government and the States…and to ensure that the principles of federalism established by the Framers guide the Executive departments and agencies in the formulation and implementation of policies.” The order directs departments and agencies to grant states the “maximum SPECIAL REPORT. [...] The Tenth Amendment underscores the limited nature of federal powers compared to states: “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.” Section V of the Fourteenth Amendment empowers Congress to ensure (through legislation) that states uphold the rights of citizens. [...] Congress created the Departments of Foreign Affairs, War, Treasury, and the Attorney General in 1789, followed by the Department of the Navy (1798), the Postmaster General (1829), the Department of the Interior (1849), the Department of Agriculture (1862), and the Department of Justice (1870).
Pages
34
Published in
United States of America