Federalism: Hearings Before the Committee on Governmental Affairs, United States Senate, One Hundred Sixth Congress, First Session, May 5, 1999, the State of Federalism; May 6, 1999, Federalism and Crime Control; July 14, 1999, S. 1214--the Federalism Accountability Act of 1999U.S. Government Printing Office, 1999 - 433 Seiten |
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Seite 237 - The powers delegated by the proposed constitution to the federal government, are few and defined. Those which are to remain in the state governments, are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce ; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives,...
Seite 421 - In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.
Seite 97 - Rice v. Santa Fe Elevator Corp., 331 US 218, 230, 67 S.Ct. 1146, 1152,91 L.Ed. 1447: "Congress legislated here in a field which the States have traditionally occupied. ... So we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.
Seite 412 - This exclusive delegation, or rather this alienation of state sovereignty, would only exist in three cases ; where the constitution in express terms granted an exclusive authority to the union ; where it granted, in one instance, an authority to the union, and in another, prohibited the states from exercising the like authority ; and where it granted an authority to the union, to which a similar authority in the states would be absolutely and totally contradictory and repugnant.
Seite 356 - I have served as a public member of the Administrative Conference of the United States and chaired its Rulemaking Committee from 1986 to 1995.
Seite 128 - where compliance with both federal and state regulations is a physical impossibility..., " Florida Lime & Avocado Growers, Inc. v. Paul, 373 US 132, 142-143 (1963), or where the state " law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Seite 238 - There is one transcendent advantage belonging to the province of the State Governments, which alone suffices to place the matter in a clear and satisfactory light, — I mean the ordinary administration of criminal and civil justice.
Seite 360 - Order is intended only to improve the internal management of the Federal government, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers or any person.
Seite 419 - to establish an UNIFORM RULE of naturalization throughout the United States.
Seite 419 - Hence would result an exclusive power in the Union to lay duties on imports and exports, with the particular exception mentioned; but this power is abridged by another clause, which declares that no tax or duty shall be laid on articles exported from any State; in consequence of which qualification, it now only extends to the duties on imports.