From an email from: Mary E Webster, Mary@Webster.org, http://Mary.Webster.org
State v. Federal Sovereignty
In my last email I mentioned State sovereignty. Federalist #32 [paragraph 2] defines which responsibilities/powers belong to the federal government alone.
An entire consolidation of the States into one national sovereignty would imply an entire subordination of the parts; State powers would be completely dependent on the federal government. But the Constitution is only a partial union or consolidation. The States retain all the rights of sovereignty they had before except those that are not exclusively delegated to the United States by the Constitution. State sovereignty is transferred to the Union in three cases:
(1) where the Constitution expressly grants exclusive authority to the Union;
(2) where it grants a specific authority to the Union and prohibits the States from exercising the same authority;
(3) and where it grants an authority to the Union, to which similar authority in the States would be absolutely and totally contradictory and repugnant.
This last case is different from concurrent jurisdiction. When there is a concurrent jurisdiction, national and State policies may overlap occasionally, but there won't be any direct contradiction of constitutional authority.
The three cases of exclusive federal jurisdiction may be exemplified by the following:
(1) The next-to-the-last clause of article one, section eight, says Congress will exercise "exclusive legislation" over the capital district. This answers the first case.
(2) The first clause of article one, section eight empowers Congress "to lay and collect taxes, duties, imposts, and excises;" and the second clause of article one, section ten declares that, "no State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the purpose of executing its inspection laws." Therefore, the Union would have exclusive power to lay duties on imports and exports, with the specific exception mentioned. But this power is limited to duties on imports. Another clause declares that no tax or duty shall be laid on articles exported from any State. This answers the second case.
(3) The third is the clause that declares Congress will "establish a uniform rule of naturalization throughout the United States." This must be an exclusive power because if each State had power to prescribe a distinct rule, there could not be a uniform rule.*
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* All Federalist Paper quotes are from The Federalist Papers: Modern English Edition Two, available on my website and Amazon.com for $21.95 http://Mary.Webster.org
The United States Constitution: Annotated with the Federalist Papers in Modern English is also available on my website and Amazon.com for $23.95.
State v. Federal Sovereignty
In my last email I mentioned State sovereignty. Federalist #32 [paragraph 2] defines which responsibilities/powers belong to the federal government alone.
An entire consolidation of the States into one national sovereignty would imply an entire subordination of the parts; State powers would be completely dependent on the federal government. But the Constitution is only a partial union or consolidation. The States retain all the rights of sovereignty they had before except those that are not exclusively delegated to the United States by the Constitution. State sovereignty is transferred to the Union in three cases:
(1) where the Constitution expressly grants exclusive authority to the Union;
(2) where it grants a specific authority to the Union and prohibits the States from exercising the same authority;
(3) and where it grants an authority to the Union, to which similar authority in the States would be absolutely and totally contradictory and repugnant.
This last case is different from concurrent jurisdiction. When there is a concurrent jurisdiction, national and State policies may overlap occasionally, but there won't be any direct contradiction of constitutional authority.
The three cases of exclusive federal jurisdiction may be exemplified by the following:
(1) The next-to-the-last clause of article one, section eight, says Congress will exercise "exclusive legislation" over the capital district. This answers the first case.
(2) The first clause of article one, section eight empowers Congress "to lay and collect taxes, duties, imposts, and excises;" and the second clause of article one, section ten declares that, "no State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the purpose of executing its inspection laws." Therefore, the Union would have exclusive power to lay duties on imports and exports, with the specific exception mentioned. But this power is limited to duties on imports. Another clause declares that no tax or duty shall be laid on articles exported from any State. This answers the second case.
(3) The third is the clause that declares Congress will "establish a uniform rule of naturalization throughout the United States." This must be an exclusive power because if each State had power to prescribe a distinct rule, there could not be a uniform rule.*
______________________________________________
* All Federalist Paper quotes are from The Federalist Papers: Modern English Edition Two, available on my website and Amazon.com for $21.95 http://Mary.Webster.org
The United States Constitution: Annotated with the Federalist Papers in Modern English is also available on my website and Amazon.com for $23.95.
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