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This is how federalism works. The federal government could step in and force all states to do something, but in many cases allows the states to self-govern.
by dahfizz 6y ago
This is how federalism works. The federal government could step in and force all states to do something, but in many cases allows the states to self-govern.
- teachingassist 6y agoCool. My point is that a federal world government would or could work the same. (The federal government can't force all states to do something because 1. the federal government's force is limited by its powers, and 2. the states together have powers to overrule the federal government)
- tastyfreeze 6y agoStepping in would force the issue of the federal government's tenous claim of authority to regulate intrastate commerce. The Supreme Court has ruled in favor of federal authority over intrastate commerce in the past but it is not a Constitutionally granted power.
- notdonspaulding 6y agoArticle I, Section 8 of the U.S. Constitution reads (emphasis mine): The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; ...
- tastyfreeze 6y agoNone of those words give authority to regulate commerce within a state. Among means between not within. The past Supreme court rulings claimed that intrastate commerce that affected levels of interstate commerce was under federal authority. See Wickard v. Filburn
- notdonspaulding 6y agoMea culpa! I read right over the words you wrote because I'm so used to the phrase interstate commerce and not at all used to seeing intrastate commerce. I wasn't trying to use Article I to argue that the federal government had any right to regulate INTRAstate commerce. Sorry about the mixup. So, now your original point makes much more sense, and I completely agree with you. Thanks for taking the time to reply.