Federalism in the United States

TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT TEMPORARY TEXT

XXXX

Division of power
Matters of Federal competence Classes of Subject Matter expressly delegated to the United States
 * The Congress, as an Agent of the States, shall have Power—
 * To lay and collect Taxes, Duties, Imposts and Excises, Necessary to pay the Debts, and provide for the common Defense, for the General Welfare of the respective States, and for Matters of Federal competence: But all Duties, Imposts and Excises shall be uniform throughout the several States;
 * To borrow Money on the credit of the United States;
 * To regulate Trade and Commerce with foreign States;
 * To establish throughout the several States an uniform Rule of Naturalization, and in like Manner uniform Laws on the subject of Bankruptcies;
 * To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
 * To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
 * To establish Post Offices and post Roads;
 * To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
 * To constitute Tribunals inferior to the supreme Court;
 * To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
 * To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
 * To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
 * To provide and maintain air and naval Forces;
 * To make Rules for the Government and Regulation of the air, land and naval Forces;
 * To provide for calling forth the Militia to execute the Laws of the Confederacy, suppress Insurrections and repel Invasions; and provide for organizing, arming, and disciplining, of the Militia, and for governing such Part of them as may be expressly employed in the actual Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by the Senate;
 * To organize the Government of the United States;—And
 * To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of the Congress, become the Seat of the Government of the United States.


 * The Senate, exclusive of the House of Representatives, shall have Power, as an Agent of the States—
 * To adopt the Common Foreign and Security Policy, as provided for in the Protocol on Common Foreign and Security Policy, which shall be carried out by the States respectively pursuant to the same Protocol;
 * To adopt the Common Security and Defense Policy, as provided for in the Protocol on Common Security and Defense Policy, which shall be carried out by the States respectively pursuant to the same Protocol;
 * To adopt the Common Immigration and Customs Policy, as provided for in the Protocol on Common Immigration Policy, which shall be carried out by the States respectively pursuant to the same Protocol;—And
 * To regulate Trade and Commerce between (but not within) the respective States, but only insofar as shall be expressly Necessary to ensure the free flow of Goods, Services, Capital, and Labor between the respective States, which shall be carried out by the States respectively: Provided always, that each State shall have sole and exclusive Power to make all Laws as it shall think Proper for regulating Trade and Commerce occurring solely within its borders.

Matters of State competence Classes of Subject Matter exclusively retained by the States
 * All Powers not expressly delegated the United States by the several States vis-á-vis th[e] Constitution, nor expressly prohibited by it to the States, are expressly reserved, in perpetuity, to the States respectively, or to the people: Each State forever retains its Sovereignty, Freedom, and Independence, and every Power, Jurisdiction, and Right, which is not by th[e] Constitution expressly delegated to the United States;—And for greater Clarity, and except where th[e] Constitution expressly provides otherwise, the States respectively shall have sole and exclusive Power to make all Laws on the following Classes of Subjects herein next enumerated, that is to say:
 * Education;
 * Civil rights;
 * Natural Resources, Conservation, Fish and Wildlife, Forestry, Wetlands, and Environment;
 * Pollution, particulates, and other harmful emissions;
 * Agriculture, Ranching, and Livestock;
 * Food, and Food Safety;
 * Parks and Recreation;
 * Sea Coast;
 * Water, water use, waterways, and riparian law;
 * Contract law;
 * Property law;
 * Land use;
 * Public Lands;
 * Public property;
 * Private property;
 * Eminent domain;
 * Intrastate Trade and Commerce;
 * Corporations, Banking, Industry, and Labor;
 * Borrowing of money on the sole credit of the State;
 * Regulation of Business Licensing, and the same for Occupational Licensing;
 * Fire, Building, and Life Safety;
 * Healthcare, hospitals, marine hospitals, asylums, charities, benevolent institutions;
 * Medicine, pharmacy, and narcotics;
 * Quarantine;
 * Health Insurance;
 * Unemployment insurance;
 * Insurance of any kind whatever;
 * Estate and inheritance;
 * Mortuaries and cemeteries;
 * Welfare, hardship assistance, and subsidies;
 * Public health, welfare, safety, and morals;
 * Peace, Order, and Good Government;
 * Family, Marriage and Divorce, and Children;
 * Firearms (including ammunition therefor), knives, swords, other blades, and kinetic arrow weapons, and weapons generally;
 * Tort and malfeasance;
 * Criminal law, crimes, and punishment;
 * Defining and punishing violations of the laws of the United States;
 * Civil law;
 * Rules of Civil Procedure, and Rules of Criminal Procedure;
 * Courts and court procedure;
 * Prisons and Reform Institutions;
 * Elections, including safeguarding the Purity of Elections;
 * Internal Police, and National Security;
 * State, county, and municipal government organization;
 * Municipal institutions;
 * Emergency management and civil protection;
 * Naturalization of aliens and the entry qualifications Necessary, according to the uniform Rule of **Naturalization prescribed by the Congress pursuant to article I, section 8 of this Constitution;
 * Immigration of aliens and the entry and exit qualifications Necessary, according to the Common Immigration and Customs Protocol prescribed by the Senate pursuant to article I, section 9 of this Constitution, and in like Manner the Customs union;
 * Energy;
 * Electricity generation and transmission;
 * Ionizing radiation, nuclear energy, and radioactive materials;
 * Telecommunication, television, telegraph, and radio;
 * Critical infrastructure, and infrastructure generally, including communications, transportation, pipelines and all such works that move goods, services, information, and people;
 * Public works;
 * Internal improvements and subsidies;
 * Transportation and Railroads;
 * Air traffic and State airspace;
 * Harbors, beacons, buoys, and lighthouses;
 * Navigation and shipping;
 * Ferries between States and to any Foreign State;
 * Culture, Sport, and Tourism;
 * Time zones, and Language;
 * Any Matter of a local or private Nature;
 * Any Matter that, by this Constitution alone, is not expressly delegated to the United States;
 * Treaties embracing any of the foregoing Powers and all other Powers not expressly delegated to the United States by the several States vis-á-vis this Constitution;—And
 * All Laws for carrying into Execution the foregoing Powers and all other Powers not expressly delegated to the United States by the States vis-á-vis this Constitution.

<!--

Federal
The Government of the United States (the Federal head of the United States) is a government of limited authority, possessing limited Power to legislate, regulate, and govern, and only on certain, select Classes of Subject Matter, competence on which having been expressly conferred on the United States by the several States vís-a-vís the United States Constitution, and are expressly enumerated as such in Article I, section 8 of the Constitution. Together with Article I, section 9 of the Constitution, which vests certain Powers exclusively in the Senate, such as that of adopting the Common Foreign and Security Policy, both sections make up the entire grant of legislative Power conferred on the United States; however, the Congress has some minor Powers, such as ensuring that each State gives "Full Faith and Credit to the public Acts, Records, and judicial Proceedings of every other State," (U.S. Const., Article IV, section 3), and others.

Competence is conferred on the United States on the following Classes of Subject Matter, that is to say the Power:
 * To lay and collect Taxes, Duties, Imposts and Excises, necessary to pay the Debts, and provide for the common Defense and matters of Federal competence; but all Duties, Imposts and Excises shall be uniform throughout the several States;
 * To borrow Money on the credit of the United States;
 * To regulate Trade and Commerce with foreign States;
 * To establish throughout the several States an uniform Rule of Naturalization, and in like Manner uniform Laws on the subject of Bankruptcies;
 * To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
 * To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
 * To establish Post Offices and post Roads;
 * To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
 * To constitute Tribunals inferior to the supreme Court;
 * To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
 * To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
 * To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
 * To provide and maintain air and naval Forces;
 * To make Rules for the Government and Regulation of the air, land and naval Forces;
 * To provide for calling forth the Militia to execute the Laws of the Confederacy, suppress Insurrections and repel Invasions;
 * To provide for organizing, arming, and disciplining, of the Militia, and for governing such Part of them as may be expressly employed in the actual Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by the Congress;—And
 * To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of the Congress, become the Seat of the Government of the United States.

State
As per Article IV, section 1, of the Treaty Establishing a Constitution for the United States, "[a]ll Powers not expressly conferred on the United States by the several States vís-a-vís [the] Constitution, nor expressly prohibited by it to the States, are expressly reserved, in perpetuity, to the States respectively, or to the people: Each State forever retains its Sovereignty, Freedom, and Independence, and every Power, Jurisdiction, and Right, which is not by this Constitution expressly delegated to the United States;" and furthermore, except where expressly provided otherwise in Article I, sections 8 and 9, of the Federal Constitution, the United States may not legislate, regulate, or govern on any of the following Classes of Subject Matter, that is to say:
 * Education;
 * Civil rights;
 * Natural Resources, Conservation, Fish and Wildlife, Forestry, and Environment;
 * Agriculture, Ranching, and Livestock;
 * Food, and Food Safety;
 * Parks and Recreation;
 * Sea Coast;
 * Water, water use, and riparian law;
 * Contract law;
 * Property law;
 * Land use;
 * Public Lands;
 * Public property;
 * Private property;
 * Eminent domain;
 * Intrastate Commerce;
 * Corporations, Banking, Industry, and Labor;
 * Borrowing of money on the sole credit of the State;
 * Regulation of Business Licensing;
 * Fire, Building, and Life Safety;
 * Healthcare, hospitals, marine hospitals, asylums, charities, benevolent institutions;
 * Medicine, pharmacy, and narcotics;
 * Quarantine;
 * Health Insurance;
 * Unemployment insurance;
 * Insurance of any kind whatever;
 * Public health, welfare, safety, and morals;
 * Peace, Order, and Good Government;
 * Family, Marriage and Divorce, and Children;
 * Firearms (including ammunition therefor), knives, swords, other blades, and kinetic arrow weapons;
 * Tort and malfeasance;
 * Criminal law, crimes, and punishment;
 * Civil law;
 * Rules of Civil Procedure, and Rules of Criminal Procedure;
 * Courts and court procedure;
 * Prisons and Reform Institutions;
 * Elections, including safeguarding the Purity of Elections;
 * Internal Police, and State, county, and municipal government organization;
 * Emergency management and civil protection;
 * Naturalization of aliens and the entry qualifications necessary, according to the uniform rule of naturalization prescribed by the Congress pursuant to article I, section 8 of this Constitution;
 * Energy;
 * Electricity generation and transmission;
 * Telecommunication, television, telegraph, and radio;
 * Critical infrastructure, and infrastructure generally, including communications, transportation, pipelines and all such works that move goods, services, information, and people;
 * Public works;
 * Internal improvements and subsidies;
 * Transportation and Railroads;
 * Air traffic and State airspace;
 * Harbors, beacons, buoys, and lighthouses;
 * Navigation and shipping;
 * Ferries between States and to any Foreign State;
 * Culture, Sport, and Tourism;
 * Time zones, and Language;
 * Any Matter of a local or private Nature;
 * Any Matter that, by this Constitution alone, is not expressly conferred on the United States;—And
 * Treaties embracing any of the foregoing Powers and all other Powers not expressly conferred on the United States by the several States vis-a-vis this Constitution.
 * &mdash;U.S. Const., Article IV, section 1

Even furthermore, the Constitution requires that "[a] strict division of Power between the States and the United States shall be observed at all times; and, other than by actual Amendment to this Constitution, at no time shall the Power of the United States be increased nor the Power of the States reduced beyond that which by this Constitution alone is expressly provided" (U.S. Const., Article IV, section 1). -->