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To what extent has power shifted away from federal government towards the states in the last 25 years in the USA?
Wiki User
∙ 15y ago
I am in agreement. The Federal government has extrapolated its authority over the states. The fact that the Federal government can step in and cease or regulate state-run-agencies is proof. State's Rights has diminished much more greatly than ever, probably in the last 2-3 decades. The states are their own sovereign power, so to speak, they are ultimately regulated by a higher authority--the Federal government. As far as i can tell the states have lost some of their power not the federal government.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoState powers have decreased and Federal government powers have increased. It is due at least partially to decisions made by the Supreme Court that have brought state laws in line with federal laws.
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The federal government and the state arises as a result of a consensus reached by various geographically separate regions to be governed by one authority called federalism. Thus making the federal government the overall head and consequently superior in policy making and implementation. Though the states may be autonomous to some extent, it is accountable to the federal government.
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The fundamental idea behind the "State's Rights" movement is that the United States is really a Confederation, not a Federation. The difference is subtle, but very important. In a Federation, ultimate sovereignty is held at the national level, by the national government. That is, all parts of the nation owe sovereignty to the nation as a whole. In a federation, ultimate power rests at the national government level; while it is possible to delegate responsibilities (and authority), to other entities, the legal power to delegate sits with the federal government. In a Confederations, the nation is composed of smaller sovereign states, which consent to form a larger union. Thus, individuals owe sovereign allegiance to their state, not the national government. To the extent that the federal government has power, it is granted that power by the permission of the states making up the confederation, and such power can be revoked by any state not extending the federal government such permission. In the United States prior to the US Civil War, the States Rights movement advocated the idea that the US was really a Confederation. The Civil War definitively settled this issue: the US is legally a Federation. Post-Civil War, the States Rights' movement has adopted a less absolute position, in that while they recognize the Federal Government as absolute (and that the US is indeed a Federation), they advocate that significant powers were strictly delegated to the states by the US Constitution (which is the document that defines the limits of the US government's powers). In particular, while recognizing Article VI (supremacy of the Federal government), they advocate that significant laws and regulations undertaken by the Federal government actually violate Article IV (states' powers and rights).
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