Federal policy

“ Their attention is drawn to the United States; their emissaries are watching our conduct, particularly upon the present most important occasion; and if we should be so unhappy as to reject the federal Constitution proposed to us, and continue much longer our present weak, unenergetic federal government, their policy will probably induce them to plan a division or partition of the states among themselves, and unite their forces to effect it. ”

“ Any other attitude by the Federal Government will undermine one of the most precious possessions of the American people; that is, local and individual responsibility. We should adhere to this policy.
Federal officials can, however, make a further and most important contribution by leadership in stimulation of the community and voluntary agencies, and by extending Federal assistance in organization of these forces and bringing about cooperation among them. ”

“ The law of agency which a State chooses to follow functions, for the most part, free of constitutional restraint; in our federal system, each State may regulate the relations between principal, agent, and third parties according to its own standards of fairness and sound policy. ”

“ In addition to the fundamental federalism principles set forth in section 2, Executive departments and agencies shall adhere, to the extent permitted by law, to the following criteria when formulating and implementing policies that have federalism implications:
(a) There should be strict adherence to constitutional principles. Executive departments and agencies should closely examine the constitutional and statutory authority supporting any Federal action that would limit the Policy-making discretion of the States, and should carefully assess the necessity for such action. ”

“ The whole future prosperity and persistence of the American Federal system is bound up in the progressive solution of this group of problems; and if it is left to the conflicting jurisdictions of the central and local governments, the American democracy will have to abandon in this respect the idea of seeking the realization of a really national policy. ”

“ Bowles, supra, as to the scope of the Acts, but to infer from a general expression of congressional policy, the limitation of existing powers conferred by law on regulatory commissions throughout the nation, both state and federal, and the endowment of a different federal agency with new and superior rights and powers. ”

“ It is the policy of the Federal Government to spend taxpayer dollars effectively, and more effectively each year. Agencies shall apply taxpayer resources efficiently in a manner that maximizes the effectiveness of Government programs in serving the American people. ”

“ No auxiliaries are required; the government has only to go on in the execution of its trusts, with powers at once ample and unquestioned. It is only in matters which concern our domestic policy, that any serious [ *107 ] *struggle for federal power has ever arisen, or is likely to arise. ”

“ In my view this promotes rather than undermines the basic policy of avoiding excess concentration of power in government, federal or state, which underlies our concepts of federalism." 380 U.S., at 414. ”

“ Is it the creature of the state legislatures, or the creature of the people? If the government of the United States be the agent of the state governments, then they may control it, provided they can agree in the manner of controlling it; if it be the agent of the people, then the people alone can control it, restrain it, modify, or reform it. ”

“ The general government will have the protection and management of the general interests of the United States. The local and particular interests of the different states are left to their respective legislatures. All affairs which concern this state only are to be determined by our representatives coming from all parts of the state; all affairs which concern the Union at large are to be determined by representatives coming from all parts of the Union. Thus, then, the general government is to be taken care of, and the state governments to be preserved. ”

“ In some cases, they will apply, with much propriety and force, to states already formed. The advantages and necessity of civil government among individuals in society, are not greater or stronger than, in some situations and circumstances, are the advantages and necessity of a federal government among states. A natural and very important question now presents itself—Is such the situation, are such the circumstances, of the United States? ”

“ That the theory of the federal government being the result of the general will of the people of the United States in their aggregate capacity, and founded in no degree on compact between the states, would tend to the most disastrous practical results ”

“ The decision upon the principle in any one case determines it for the whole class. The question presented, therefore, clearly is upon the constitutionality and propriety of the Federal Government assuming to enter into a novel and vast field of legislation, namely, that of providing for the care and support of all those among the people of the United States who by any form of calamity become fit objects of public philanthropy. ”

“ Of course every new province into which Congress has been allured by the principle of implied powers has required for its administration a greater or less enlargement of the national civil service, which now, through its hundred thousand officers, carries into every community of the land a sense of federal power, as the power of powers, and fixes the federal authority, as it were, in the very habits of society. ”

“ To achieve these ends, the Federal Government has to be a partner, a partner with the private sector, with State and local governments, with individual citizens to strengthen our communities, a partner in promoting opportunity and at the same time demanding more responsibility. ”

“ It appears to me that the state governments are not sufficiently secured, and that they may be swallowed up by the great mass of powers given to Congress. If that be the case, such power should not be given; for, from all the notions which we have concerning our happiness and well-being, the state governments are the basis of our happiness, security, and prosperity. A large extent of country ought to be divided into such a number of states as that the people may conveniently carry on their own government. ”

“ Indeed, it would be useful for the general good, if the State Legislatures were often to cast a watchful eye towards the general government, with a view, candidly to consider, and judiciously discern, whether the powers delegated to the United States are not exceeded, or are so exercised as not to interfere with or counteract those which are reserved by the people for their own management. ”

“ Neither the President nor the Congress nor the conscience of this Nation can permit money which comes from all the people to be used in a way which discriminates against some of the people.
The Federal Government will still have a large and vital role to play in achieving our national progress. Established functions that are clearly and essentially Federal in nature will still be performed by the Federal Government. New functions that need to be sponsored or performed by the Federal Government--such as those I have urged tonight in welfare and health--will be added to the Federal agenda. ”

“ Let us compare the members composing the legislative, executive, and judicial powers, in the general government, with these in the states, and let us take into view the vast number of persons employed in the states: from the chief officers to the lowest, we shall find the scale preponderating so much in favor of the states, that, while so many persons are attached to them, it will be impossible to turn the balance against them. There will be an irresistible bias towards the state governments. ”

“ The Congress shall have power To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States ”

“ The most difficult of all political arrangements is that of so adjusting the claims of the two classes as to give security to each, and to promote the welfare of all. The federal principle, which enlarges the sphere of power without departing from the elective basis of it, and controls in various ways the propensity in small republics to rash measures, and the facility of forming and executing them, will be found the best expedient yet tried for solving the problem. ”

“ Were the government not limited, this broad discretion would, of course, be necessary and right But here every grant of power is defined. Many powers are not ceded to the general government, but are expressly withheld to the states and people; and right is, in my opinion, given to promote the "general welfare," by granting money or lands, but in the exercise of specific powers granted, and in the modes prescribed, by the Constitution. ”

“ It is easy to foresee that there will be much difficulty in organizing a government upon this great scale, and at the same time reserving to the State legislatures a sufficient portion of power for promoting and securing the prosperity and happiness of their respective citizens ”

“ That power can be found only in the States. In this consists the great superiority of the federative system over every other. In that system, the federal government is responsible, not directly to the people en masse, but to the people in their character of distinct political corporations. ”

“ Why not suffer the general government to apply to the people in the first instance, without the formality of a requisition? This question has been repeatedly asked, and as often answered. It is because the state legislatures are more nearly connected with the people, and more acquainted with their situation and wants. They better know when to enforce or relax their laws; to embrace objects or relinquish them, according to change of circumstances: they have but a few varying interests to comprehend in general provisions. ”

“ Hence arose the necessity of some general and permanent system, which should at once embrace all interests, and, by placing the states upon firm and united ground, enable them effectually to assert their commercial rights. ”

“ Our system of government is a practical adjustment by which the national authority as conferred by the Constitution is maintained in its full scope without unnecessary loss of local efficiency. Where the subject is peculiarly one of local concern, and from its nature belongs to the class with which the state appropriately deals in making reasonable provision for local needs, it cannot be regarded as left to the unrestrained will of individuals because Congress has not acted, although it may have such a relation to interstate commerce as to be within the reach of the Federal power. ”

“ The idea of a national government, as contradistinguished from a federal one, never entered into the mind of any of them; and to the public mind we must accommodate ourselves. We have no power to go beyond the federal scheme; and if we had, the people are not ripe for any other. We must follow the people; the people will not follow us. ”

“ Their regulations must ever interfere with each other, and perpetually disgrace and distract the Federal Councils. I must confess, I view the power of revision and of a negative as the corner stone of any reform we can attempt, and that its exercise by Congress will be as safe as it is useful. In a Government constituted as this is, there can be no abuse of it.—The proceedings of the States which merely respect their local concerns, will always be passed as matters of form, and objections only arise where they shall endeavor to contravene the Federal Authority. ”

“ There are all kinds off issues that are state government issues that involve federalism, that involve different interpretations of state and local issues, with federal issues. It's not a one clear-cut system we have ”

“ We all admit that the power and authority of the federal government, within its constitutional sphere, are superior to those of the States, in some instances, and co-ordinate in others, and that every citizen is under an absolute obligation to render them respect and obedience ”

“ We derive much of our strength as a nation from our dual system of federal government. To promote the harmonious working of that system the general clauses of the Constitution which broadly delineate the boundaries of state and national power should be construed by appraising the respective state and national interests involved and striking a balance which gives appropriate recognition to the legitimate concerns of each government. ”

“ Now that the essentials of that program are in place, our next major undertaking must be a program— just as bold, just as innovative— to make government again accountable to the people, to make our system of federalism work again. ”

“ As fast as the States shall be organized, the Federal Government shall deliver to them the administration of the services which belong to them, and shall settle the responsibility of the federal administration in all that relates to said services and to the payment of the respective officials. ”

“ Shall we place less confidence in men appointed by ourselves, and subject to our recall, than we did in their executive? I hope not. Whatever views we may have of the importance or retained sovereignty of the States, be assured they are visionary and unfounded, and that their true interests consist in concentring as much as possible, the force and resources of the Union in one superintending Government, where alone they can be exercised with effect. In granting to the Federal Government certain exclusive national powers, you invest all their incidental rights. ”