Comparing Federal and State Responsibilities

Recently the subject of state rights and responsibilities compared to federal responsibilities has been in the news with lawsuits presently in place. There are two issues which appear to take prime coverage to some extent. One such issue is the battle over immigration and the enforcement of federal law as it is written. The other issue involves the battle over the healthcare legislation signed into law last year. These two issues will undoubtedly reach the Supreme Court. The issue at hand is whether the federal government or state governments have exceeded their authority in the actions which have been taken through legislation. These issues among others in the news have seen a variety of decisions, some of which are inconsistent when proceeding from one court to another.

In continuing this discussion, it is important to recognize the responsibilities of the federal government and the state governments as determined by the language in the Constitution. Under the Constitution, the rights and responsibilities for the states are defined through Amendment Ten, which is part of the Bill of Rights. The exact language of the Tenth Amendment is provided below:

“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.”

It is clear that unless responsibilities have been delegated to the federal government as defined by the Constitution, the remaining rights and responsibilities are retained by the states. The responsibilities of these two entities can sometimes become unclear in our present economic environment. Through the years, the federal government has taken on many responsibilities, some of which may make sense while others do not. Whether responsibilities not identified in the Constitution should fall under the federal government must be determined in each case individually. In the past, there has not been much disagreement with respect to federal government operations and responsibilities, but this is changing as seen in recent issues now going through our court system.

The Constitution is a living document and at times issues arise which are not clearly defined. Some are taken up by the states while others are taken up by the federal government. When there are disagreements with actions by states or the federal government, they must be settled through our court system which is well equipped to handle issues regarding Constitutional authority. As established by the Constitution, the Supreme Court is the highest level at which decisions regarding laws on the books will be decided.

This article is about bringing about a better understanding of state responsibilities compared to federal government responsibilities. While language of the Tenth Amendment to the Constitution appears to be clear, there have been issues regarding what the states are allowed to do and what the federal government is permitted to do. There are also situations where both entities have a responsibility to take action.

Our Constitution is a great document and was laid out by our founding fathers based on their perception of the role for federal government. The responsibilities of Congress are defined under Article 1, Section 8 of the Constitution. Below is a link to a site which has current information on the details of the U.S. Constitution.

http://www.usconstitution.net/const.html

The federal government according to Article I in the Constitution has several responsibilities. These include, but are not limited to, the power to lay and collect taxes and duties, and to pay the debts and provide for the common defense and general welfare of the United States. They also include the responsibility to ensure that all duties (imposts and excises) will be uniform throughout the United States. Regarding the responsibilities to lay and collect taxes and pay the debts, the current debt reducing budgets now being discussed in Congress are an effort to address these responsibilities.

While the federal government has the power to address these responsibilities, we as voters can have an impact through our elected government officials. Another responsibility of the federal government is to borrow money on the credit of the United States. When money is needed to satisfy the federal government’s obligations it must have the ability to borrow in order to meet those needs. In relation to this responsibility is the subject of increasing the debt limit. There will be a discussion about this aspect of government in the near future as our current debt is approaching the limit now in place.

Other responsibilities involve regulating commerce with foreign nations, among the states and with Indian tribes. It is also the duty of the federal government to establish rules for the naturalization of citizens and to assure there are uniform laws on the subject of Bankruptcies. Bankruptcies and bailouts are sore topics, and while many may not understand or accept these actions, I believe they were necessary in some cases. In addition to the responsibilities already discussed are the tasks of coining money, regulating the value of our currency and foreign coins, and fixing the Standard of Weights and Measures.

The above responsibilities are only a portion of what the Constitution identifies as the federal government’s role. There are however, limits on the powers as defined in the Constitution. The limitations on Congress are contained in Section 9 under Article One of the Constitution.

Some of the limitations of Congress include the restriction on taxing or placing duty on articles exported from any state. There are also limitations with regards U.S. and foreign titles and offices, and to giving preference by any Regulation of Commerce or Revenue to the Ports of one state over those of another. Another unique one involves the writ of Habeas Corpus which cannot be suspended, unless in cases of Rebellion or Invasion when the public safety may require it. All the limitations on Congress can be found on the site link provided above under Article 1, Section 9.

The responsibilities of the states are defined under Article 4 of the Constitution. The charges listed are not lengthy in any respect. The key difference appears to be that it involves obligations in relation to other states, not their individual responsibilities. The first principle or responsibility is that each state is to honor all others. This involves such things as faith and credit be given in each state to the public acts, records, and judicial proceedings of every other state. The citizens of each state shall be entitled to all privileges and immunities of citizens in the other states.

States are also limited in that they cannot enter into any Treaty, Alliance or Confederation; coin money; emit bills of credit; or make anything but gold or silver as tender in payments of debt. States are also prohibited from imposing duties for imports except to cover cost of inspection

In the present economic situation, Congress must make hard decisions, but those decisions must not tread on the responsibilities and authority of the states. Granted there are going to be issues which are vague where the line between federal and state responsibilities can be difficult to determine. Some will involve actions by both levels of government. It is right for the federal government to address issues which affect all the states through legislation. This is necessary to establish a common approach or solution to various issues. An example is the energy crisis we currently face. It is appropriate for the federal government to establish the framework for an energy policy. The policy established should be just that a policy.

While energy seems to be a major focus to a large extent after the present financial crisis, the key point to remember with regards to federal responsibilities is that it must provide for the safety and security of the country. This involves all the actions identified as the responsibility of the nation presented earlier in this article. Actions by the legislature in Washington D.C. must address these primary conditions. States must retain their responsibilities as identified in the Constitution and the federal government should not attempt to take over jurisdiction for state responsibilities. It must also be understood that while there are requirements levied by the federal government, many times the states can determine the method with which they will be enforced. The most important fact states need to remember concerning federally mandated requirements is that they must determine an efficient way to manage them.

In conclusion, states and the federal government have distinct responsibilities and limitations. Both levels of government must make sure that they are not creating laws which affect state or federal requirements. States must assure that they manage federal mandated programs efficiently, and the federal government must also not make laws so cumbersome with details except where necessary to cause excessive expenditures at the state level. I have said in other articles that when the federal government places requirements on states that they should at least provide some if not all the funding. This is especially important in the economy we have today. Another vital fact about state responsibilities and authority is that the laws which a state enacts cannot contradict federal law. Whether they can add additional detailed requirements is part of the issue now proceeding in our court system.