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.

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