The federal Constitution divides the powers of government between the national (commonly called federal) government and the states. The federal government has those powers that are delegated to it by the Constitution and the authority to make all laws that may be “necessary and proper” to implement such powers. The delegated powers are not numerous, but they are fundamental, including those to make war, to conduct foreign relations, to regulate interstate and foreign commerce, and to levy taxes. The last-cited power may be exercised to provide not only for the common defense but also for the general welfare. Federal power has been extended by constitutional amendments, but it has been expanded much more significantly by the liberal use that Congress has made of the “necessary and proper” clause of the Constitution and by the judicial sanction of such use. In many areas of government responsibility, federal power and influence he been extended through a system of grants-in-aid to the states and, through them, to the local governments. The basic features of the plan are that Congress, acting under its authority to appropriate money for the general welfare or under some other specific authorization, makes funds ailable to the states for a particular purpose, on the condition that the states make appropriations for the same purpose and meet a standard set by Congress for the manner in which the federal-state funds shall be expended. In the late 20th century this aid system expanded rapidly, both in the number of projects supported and in the funds appropriated for them.
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The U.S. Constitution imposes upon the states certain specific prohibitions. By far the most significant are those of the 14th Amendment, which stipulate that no state shall “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.” Since about 1930 a liberal judicial interpretation of those prohibitions has greatly enlarged civil liberties in general and the rights of racial minorities in particular, especially following the U.S. Supreme Court’s ruling in Brown v. Board of Education (1954) and Congress’s enactment of the Civil Rights Act (1964) and the Voting Rights Act (1965), though the Court’s decision in Shelby County v. Holder (2013) removed the “preclearance” protections previously afforded voters under the last act.
The states he all the powers not conferred upon the federal government by the Constitution and not prohibited by it to the states. The powers of the states are thus residual, and, despite the steady extension of federal power, they are numerous and comprehensive. Furthermore, the national government has left much authority to the states that it might he reserved to itself. For instance, it permits the states to regulate interstate commerce relating to matters that are primarily of local concern, and it lees to the states almost complete authority to police the interstate highways. Indeed, examples of state power exist on every hand. In contrast to the United States’ limited criminal code, state codes he incorporated great bodies of criminal law. The laws governing contracts, torts, negotiable instruments, sales, and many other matters closely related to business are state laws. Also within the special province of the states are laws respecting property, wills and inheritance, and marriage, divorce, and domestic relations. In addition, the states determine who may vote, subject to the limitations set forth in the U.S. Constitution or its various amendments, and most laws relating to political parties and elections are acts of state legislatures.
Local governments are largely established and controlled by the states, which determine how broad or limited is the authority that they grant to various branches of local government, such as counties, municipalities, and school districts. The so-called Dillon Rule—derived from the philosophy espoused by Iowa Supreme Court Justice John F. Dillon in an 1868 decision—posits that local government exercises powers that are either expressly granted by the state, necessarily and fairly implied from the grant of power, or crucial to the existence of local government. The competing concept of Home Rule holds that state constitutions or statutes confer a measure of autonomy on local government and that, in certain areas of responsibility, the authority of local government should not be infringed upon by the state government.
Public education is a leading state function, and the state is close to individuals in other ways. As a rule, the state issues their birth certificates and burial permits, and, as they progress from the cradle to the gre, it protects their personal rights and secures their property, bears most of the cost of their education, licenses them to enter a calling or profession, ministers to their convenience in numerous ways, and penalizes their delinquencies.
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