2006-09-07 06:49:33 · 4 answers · asked by lundstroms2004 6 in Politics & Government ➔ Government
This goes in cycles. The 10th Amendment in theory leaves powers to the state that are not specifically delegated to the federal government. This is overcome by the 14th amendment which gives equal protection and the commerce clause which basically says everything is commerce and the government can regulate it.
In practice the states are left to their own discretion until problems arise. Segragation was abused and the Supreme Court and eventually Congress took action. We went through a depression, so Congress gave itself and the President powers to change things.
A good example of state/federal control is insurance. Years ago the federal courts ruled that the feds have control over insurance. Congress decided to leave regulation in state hands as long as the states are doing an adequate job. Tomorrow they can decide all companies need federal charters, and state regulation will disappear.
What should be the limits? I think that there needs to be a reconsideration of the 10th Amendment by the courts to restore the rights of states in light of modern conditions.
2006-09-07 08:56:28 · answer #1 · answered by Woody 6 · 0⤊ 0⤋
The Constitution states that anything not specificly denied the states or assigned to the fed, is the purview of the states. JFK, RFK, LBJ and MLK pretty much snuffed that part of the Document.
2006-09-07 07:01:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Those set by the constitution as interpreted by the supreme court. and technically, it's the state govts that have delegated certain powers to the Federal govt...all others are reserved by the states.
2006-09-07 06:53:06 · answer #3 · answered by Brand X 6 · 0⤊ 0⤋
As few as possible. That is the basis of the American system. That is NOT what the Demorats want.
2006-09-07 06:52:17 · answer #4 · answered by Spirit Walker 5 · 0⤊ 0⤋