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The Increased Control of State Activities by the Federal Courts

Published online by Cambridge University Press:  04 October 2013

Charles A. Moore*
Affiliation:
Asheville, N. C.
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Extract

The increased control, since the adoption of the first twelve amendments to the Constitution of the United States, of state activities by the federal authorities is not because of any recent increase of federal power. There has been no increase of federal power since the adoption of the thirteenth, fourteenth and fifteenth amendments to the Constitution of the United States. All the powers given to the federal government permitting control by it of state action is found in the constitution. If power is not delegated by the constitution to the national government it does not possess it at all; for all powers are reserved to the states or to the people thereof which have not been delegated to the government of the United States by that instrument. The acts of congress passed to enforce the powers delegated to the United States by the constitution do not create or confer powers not delegated by the constitution. But with the adoption of the last three amendments to the constitution, particularly the fourteenth, the powers delegated to the national government were greatly increased, and with such increase, following the legislation of congress to enforce the same, came greatly increased control of state activities by the federal courts. Before the adoption of these amendments the greater part of federal interference with state action arose out of the commerce clause of the constitution and the inhibition contained therein against the passing by any state of any ex post facto law, or law impairing the obligation of contracts. The first twelve amendments to the constitution did not restrict state action, and the first ten amendments are only a limitation upon the powers of the federal government.

Type
Papers
Copyright
Copyright © American Political Science Association 1909

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