Federalism and the Authority of States, Essay Example

There is an ongoing debate regarding the authority and sovereignty of states among political scientists. The lines of authority might have shifted in the past few decades, but this does not necessarily mean that balance is achieved. The below study is designed to examine whether the legislative power of states has increased or decreased. Also, the authors would like to examine the impact of the shift of power between the federal government and states.

Thomas (2013) states that legislation and jurisdiction on territorial level is assigned to individual states. However, the Federal Government has unlimited power over finances and budgets, as well as cases related to the federal government’s commercial interest. One of the most significant regulations over time to limit federal power is found in the Tenth Amendment. Thomas (2013) states that the interpretation of the section was problematic at first, the case of “National League of Cities v. Usery” clarified the issue. Later in the case of “Printz v. United States”, the Congress found a way to regulate issues through the branch officers of states.

Through the Eleventh Amendment, however, further clarified the line between federal and state authority. This amendment also states that individuals are able to sue states using federal courts. The section clearly indicates that states were – in some ways – made subordinates of the federal government. The text of the legislation states: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State.” (Amendment XI, 1795)

The above review of related legislation and balancing of power between states and federal government showed that indeed, while on territorial level states remained independent, they are themselves legislated by the Congress. This means their authority has become more limited over the years.

References

Amendment XI. (ratified 1795)  Constitution Text. Retrieved from: <http://totallyhistory.com/11th-amendment-to-the-constitution/>

Thomas, K. (2013) Federalism, state sovereignty, and the constitution: basis and limits of congressional power. Congressional Research Service. CRS Report.