Federal Power
The Supreme Court of the United States has interpreted the Commerce Clause of the Constitution of the United States which has expanded the scope of federal power. The Cambridge Economic History of the United States says, "On the whole, especially after the mid-1880s, the Court construed the Commerce Clause in favor of increased federal power." In Wickard v. Filburn 317 U.S. 111 (1942), the court expanded federal power to regulate the economy by holding that federal authority under the commerce clause extends to activities which are local in character. For example, Congress can regulate railway traffic across state lines, but it may also regulate rail traffic solely within a state, based on the theory that wholly intrastate traffic can still have an impact on interstate commerce. In recent years, the Court has tried to place limits on the Commerce Clause in such cases as United States v. Lopez and United States v. Morrison.
Another source of congressional power is its spending power—the ability of Congress to impose taxes and distribute the resulting revenue back to the states (subject to conditions set by Congress). A classic example of this is the system of federal-aid highways, which includes the Interstate Highway System. The system is mandated and largely funded by the federal government, and also serves the interests of the states. By threatening to withhold federal highway funds, Congress has been able to pressure state legislatures to pass a variety of laws. Although some object that this infringes on states' rights, the Supreme Court upheld the practice as a permissible use of the Constitution's Spending Clause in South Dakota v. Dole 483 U.S. 203 (1987).
Read more about this topic: U.S. State
Famous quotes containing the words federal power, federal and/or power:
“Prestige is the shadow of money and power. Where these are, there it is. Like the national market for soap or automobiles and the enlarged arena of federal power, the national cash-in area for prestige has grown, slowly being consolidated into a truly national system.”
—C. Wright Mills (1916–1962)
“[M]y conception of liberty does not permit an individual citizen or a group of citizens to commit acts of depredation against nature in such a way as to harm their neighbors and especially to harm the future generations of Americans. If many years ago we had had the necessary knowledge, and especially the necessary willingness on the part of the Federal Government, we would have saved a sum, a sum of money which has cost the taxpayers of America two billion dollars.”
—Franklin D. Roosevelt (1882–1945)
“As usurpation is the exercise of power, which another hath a right to, so tyranny is the exercise of power beyond right, which no body can have a right to. And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage.”
—John Locke (1632–1704)