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.