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State sovereignty is a legal principle that US states have the right to prevent the application of programs and regulations of the Federal government. The basis is the Ninth and Tenth Amendments to the US Constitution, which reserve to the states respectively, or to the people, all powers and rights not delegated to the Federal government by the Constitution and thereby prohibited to the states (e.g. the interstate commerce clause). How this principle is applied depends on whether the US can be shown to be applying laws and rules that would contravene these rights, i.e. exceeding the mandate of the Constitution. Because the control of "interstate commerce" is granted to the Congress by Article 1, Section 8 of the Constitution, courts have ruled that state or local governments may be prevented from enacting laws affecting commerce. This principle is the "dormant commerce clause" and has been used to prevent states from discriminatory commercial practices. In the legal battle over enacting a national health care plan, the application of the dormant commerce clause is a major counter-argument against legislation by several states under the principle of state sovereignty.
Cory Rohan
Wiki User
∙ 14y agoState sovereignty is a legal principle that US states have the right to prevent the application of programs and regulations of the Federal government. The basis is the Ninth and Tenth Amendments to the US Constitution, which reserve to the states respectively, or to the people, all powers and rights not delegated to the Federal government by the Constitution and thereby prohibited to the states (e.g. the interstate commerce clause). How this principle is applied depends on whether the US can be shown to be applying laws and rules that would contravene these rights, i.e. exceeding the mandate of the Constitution. Because the control of "interstate commerce" is granted to the Congress by Article 1, Section 8 of the Constitution, courts have ruled that state or local governments may be prevented from enacting laws affecting commerce. This principle is the "dormant commerce clause" and has been used to prevent states from discriminatory commercial practices. In the legal battle over enacting a national health care plan, the application of the dormant commerce clause is a major counter-argument against legislation by several states under the principle of state sovereignty.
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What states are under the sovereignty?
The states of the United States have sovereignty, but not absolute sovereignty. Some of the powers of sovereignty are ascribed in the U.S. Constitution to the federal government.
This term refers to the supreme authority within a states borders?
sovereignty A+
How does internal sovereignty differ from external sovereignty?
internal sovereignty = state is the highest authority within that territory external sovereignty = the recognition by all states that each state possesses internal sovereignty in equal measure
The Constitution gives sovereignty only to the?
The Constitution gives sovereignty only to the national government
What characteristic of a state did the English colonies not possess?
The English colonies did not possess sovereignty or representation, which states do possess.
What conflict was the major international test of the sovereignty of the US?
The War of 1812 tested the sovereignty of the United States, because it was the first conflict that involved the new United States.
Which provisions in the constitution ensure popular sovereignty?
Popular sovereignty refers to a political doctrine which states that governmental powers resides in the people. The Preamble ensures popular sovereignty.
What are the two connotations of sovereignty?
The two connotations of sovereignty are internal sovereignty, which refers to a government's authority within its own borders, and external sovereignty, which pertains to a government's independence and recognition by other states in the international community.
What conflict was the first major international test of the sovereignty of the US?
The War of 1812 tested the sovereignty of the United States, because it was the first conflict that involved the new United States.
What principles of the Confederation?
SOVEREIGNTY AND INDEPENDENCE OF THE STATES! this is correct from apex
What did the Articles of Confederation preserve?
It was written to preserve the states' sovereignty.
Has china resumed sovereignty over Taiwan?
China has not yet resumed sovereignty over Taiwan; at least that is the opinion of the newspapers in the United States. China claims it has sovereignty. Taiwan has allowed China some privileges. What sovereignty will mean is a question.
