Chapter Ix the Government and the States

Under the American scheme of government it was intended that the states should surrender certain powers to the national government; but all powers not specifically granted were retained by the states.

The dividing line between the powers and functions properly exercised by the federal government and those belonging to the state governments has become very tenuous; and at present the federal government is certainly doing many things that, strictly speaking, belong to the states. The tendency towards centralization and towards the extension of the federal powers has greatly increased since the opening of the present century.

There was a beginning in this direction during the Civil War when certain public lands were set aside for the benefit of the states to be devoted to the maintenance of agricultural colleges. At first Congress made the gift unconditionally; but later conditions as to management and administration were imposed, and the Bureau of Education was given the duty of seeing that the law was observed.

In 1887 Congress made a lump sum appropriation to each state for an agricultural experiment station. In 1907 it increased the appropriation and laid down additional rules regarding the expenditure of the money. Eight years later it established in the Department of Agriculture a division having supervision over the agricultural colleges and experiment stations. Now the relationship between the state and the federal authorities has reached a point where federal control of these state institutions is practically absolute.

Other federal acts under which the national authority has been extended into the affairs of the states, usually through the power of money, are the following:

(1) The Smith-Lever Act of 1914, under which appropriations were made for extension work in agriculture to be undertaken jointly by the federal Department of Agriculture and the agricultural colleges of the states.

(2) The Smith-Hughes Vocational Educational Act of 1917, which appropriated federal funds to aid the states in teaching trades, industrial subjects, and home economics.

(3) The Industrial Rehabilitation Act of 1920, which provides for federal aid in restoring to civil employment persons injured in industry. The work must be done in co-operation with the states that accept the terms of the Act.

(4) The Sheppard-Towner Act of 1921, by which federal money was appropriated to the states for the purpose of promoting the welfare of mothers and infants at the time of child-birth.

These are a few of the ways in which the federal government operates in conjunction with the states. According to present indications the powers of the federal government are more likely to be extended further in this direction than they are to be curtailed.

Of course, there are certain duties and powers that are definitely either federal or state. All the states, for instance, are entitled to the protection of certain guaranties and rights at the hands of the federal government. And conversely there are certain constitutional obligations on the states.

Among the things guaranteed to the states are, first, a republican form of government; and second, protection against invasion.

Among the obligations of the states are, first, that each shall give full faith and credit to the public acts, records, and judicial proceedings of the others; and, second, that each shall permit extradition of criminals.

Each state must also provide the machinery for the election of Senators and Representatives, and must, in other ways, co-operate with the national government. In fact, our scheme of government requires continual co-operation between the states and the nation.