Some say that there are powers that the Constitution reserve

Some say that there are powers that the Constitution reserves to the States that the Federal Government has intruded upon since the founding of the country. Discuss and provide one example where it could be argued that the Federal Government has intruded upon the power of the States.

Solution

The Tenth Amendment to the United States Constitution clearly states that the federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people. The Constitution does not give the national government authority to prescribe rules for local education. Therefore, this power resides with the states. The Constitution does not give the national government local police powers, and hence the police power belongs to the states and each states has its own criminal law. It also does not give the national government any control over education. The creation and control of schools is the sole duty of individual states.

The federal is much over-reaching and the Constitution does not give it most of the power it has assumed. Clean air and other regulations have proved great for this country but intrusions on the lives of individuals are proving disastrous. When a government official impinges upon the life of an individual, it is always expected to be a negative posture. A Federal budget of over 17 trillion is not “doing great” as it was portrayed. Federal government has overstepped its powers if it can’t pay for the programs or agencies. Many people strongly oppose the right of sovereign immunity, believing that it shifts the responsibility for unlawful actions from government officials to ordinary citizens and taxpayers. There are some environmental mandates that the states should adhere to, or else the Congress may threaten to cut off funds if the states do not implement a particular policy.

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