How has the federal government gained power at the expense of the states?

Question

And how could states regain lost power?

Answer 1

Actually the Fed has given up all too many powers to the states under the Republican edict of pitting one state against another (they love wedge issues). Along with that goes the federal monies to fund such programs. I am curious to watch and see how these divisions are going to play out from one state to the other. You must remember, United we stand, divided we fall.

Answer 2

Largely, it's a problem with two Supreme Court interpretations, going back most of a century.

The first was the repeated holding that the phrase "necessary and proper" means "anything vaguely related to any degree" -- that's what allows Congress to do thing that aren't directly in their enumerated powers -- by claiming that the laws Congress is passing are a step towards achieving some enumerated goal, and thus any partial step is valid. In legal parlance, that is using "rational basis" review for most Article I Section 8 Congressional issues, rather than some stricter form of scrutiny.

The other problem is the Court's holding about the 10th Amendment -- the one that says "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."

The Court currently interprets that as a truism -- anything not claimed by the federal govt is left over to the states -- rather than actually using it to limit the power of the federal govt.

The states cannot regain their lost power until the Court reverses its opinions on these issues -- which is not going to happen as long as Congress holds the power.

Once seized, the federal govt is not going to give up what it has claimed.

Answer 3

Yo Sport

It ALL boils down to money ! The states-- like every single citizen-- are HOOKED on money ! And, through "Federal Funding" -- the Federal government has made themselves inexpendable within the states -- one program at a time --- they come in and offer "assistance" on things that the states are in need of --- and once the state is in a position where that money is an absolute necessity to continue operations -- the Feds lever the states NEED against them by threatening them with ending the help if certain other things are not complied with --- this one action alone has seen the Feds to FAR more leverage than any other single thing ---- even the total of "written law", combined !!

How do the states recover --- they don't --- they are junkies at the end of the Federal needle and there IS NO rehab for THEM !! And, because of it --- they are destined to DIE in the alleyway of history --- while the "pusher" simply gets stronger and looks the world over for others to "string out" !!!

Answer 4

Yes. The interstate commerce clause of the Constitution is being invoked for all sorts of things for which it was never intended. The states can only regain this lost power if either the Supreme Court starts declaring laws unconstitutional which clearly are, or if Congress and the President at some point start to repeal federal laws which are unconstitutional.

Answer 5

it all started with the civil war. this is when states' rights ended. the united states was the only country where war ended slavery. in europe, the slave owners were bought out. much more civil i would say. america was not the only country buying african slaves, contrary to popular belief.

its plainly states in the constitution that congress shall write no laws. laws were meant to be handled at the state levels. what is good for mississippi may not be good for new york.