Friday, September 18, 2020

Federalism

According to James Madison, a committed federalist, the Constitution maintains the sovereignty of states by enumerating very few express powers to the federal government, while “[t]hose which are to remain in the State governments are numerous and indefinite.”

Article I Section 8 contains a list of all of the “enumerated” powers that are exclusively delegated to the federal government. Those include the power to declare war, maintain armed forces, regulate commerce, coin money and establish a Post Office.

But that very same Section 8 also includes the so-called “Elastic Clause” that authorizes Congress to write and pass any laws that are “necessary and proper” to carry out its enumerated powers. These powers are known collectively as “implied powers” and have been used by Congress to create a national bank, to collect a federal income tax, to institute the draft, to pass gun control laws and to set a federal minimum wage, among others.

Other than that, the Constitution grants almost all other power and authority to the individual states, as Madison said. While the Constitution doesn’t explicitly list the powers retained by the states, the founders included a catch-all in the 10th Amendment, ratified in 1791:   “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.”

Those so-called “reserved” powers include all authority and functions of local and state governments, policing, education, the regulation of trade within a state, the running of elections and many more.

In the United States, federalism has proven a successful experiment in shared governance since 1787 and provided the model for similar federalist systems in Australia, Canada, India, Germany and several other nations. 

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SO...  the question is:  How much power do you think our 50 States should have and how much power do you think our Federal Government should have?

OR...  if you are like most of us Americans, you don/t really give a shit.

HOWEVER, what is really interesting here is the fact that several States have made marijuana legal from a recreational standpoint but it is still against Federal Laws.  And, our Federal Government is doing nothing or very little about it.  Therefore, is this particular instance, STATE LAW RULES...

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