Federal Regulation of State & Local Governments: The Mixed Record of the 1980S.
DIANE Publishing, 1993 - 118 pages
Examines the actions and accomplishments of executive branch initiatives to restrain and reform intergovernmental regulation during the 1980s. It inventories a number of significant new mandates enacted by Congress during the past decade and develops a rough estimate of their cumulate costs. Also traces the Supreme Court's evolving doctrines affecting intergovernmental regulation. Presents recommendations for responding to this situation. Over 30 charts, tables, and graphs.
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Page 89 - Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Page 74 - The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
Page 87 - If the State may compel the surrender of one constitutional right as a condition of its favor, it may, in like manner, compel a surrender of all. It is inconceivable that guaranties embedded in the Constitution of the United States may thus be manipulated out of existence.
Page 96 - The act to be enforced is alleged to be unconstitutional, and if it be so, the use of the name of the State to enforce an unconstitutional act to the injury of complainants is a proceeding without the authority of and one which does not affect the State in its sovereign or governmental capacity. It is simply an illegal act upon the part of a state official in attempting by the use of the name of the State to enforce a legislative enactment which is void because unconstitutional.
Page 80 - The scheme of federal regulation may be so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it. ... Or the Act of Congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.
Page 89 - The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. AMENDMENT XV Sec. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Page 96 - If the act which the state Attorney General seeks to enforce be a violation of the Federal Constitution, the officer in proceeding under such enactment comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.
Page 80 - The principle to be derived from our decisions is i,hat federal regulation of a field of commerce should not be deemed preemptive of state regulatory power in the absence of persuasive reasons — either that the nature of the regulated subject matter permits no other conclusion, or that the Congress has unmistakably so ordained.