did not give up all their powers of
government. They intrusted part of them to the Federal government, and
retained the rest as before. In other words, the people of each state,
instead of continuing to have one government, adopted a double
government, state and Federal, according to the plan laid down in the
Constitution. It is the Federal Constitution that makes the division of
powers between the nation and the separate states. The Constitution, for
instance, gives the Federal government the powers of coining money and
laying import duties, and forbids these powers to the states; but the
rate of interest, marriage and divorce, and the descent of property are
matters not mentioned in the Constitution, and concerning which the
states retain the power to make laws.
In many cases it is hard to decide whether a state has power to do a
certain thing. Whenever the question turns on the interpretation of the
Federal Constitution, it is decided by the United States courts. The
Federal Constitution and the laws and treaties made in accordance with
it are supreme in case of any conflict with a state constitution or law.
The powers of government exercised by the states are more numerous, and
affect the individual citizen in more ways, than those of the nation.
The force of contracts; the relations of employer and employed, husband
and wife, parent and child; the administration of schools; and the
punishment of most crimes, are matters controlled by the state. A much
larger amount of taxes is imposed by the states than by the nation.
_Local Governments._--Moreover, the local government of counties, towns,
and cities is entirely under the control of the state. State
constitutions contain many provisions in regard to this local
government, but the legislature can make laws affecting it more or less
greatly in the various states. In the local government of a city, town,
or county there is to some extent a distribution of powers among
legislative, executive, and judicial officers. The legislative function
is exercised by the city council or board of aldermen, the town trustees
(or by the whole body of voters), and the county board of supervisors or
commissioners; the executive, by the city mayor, the county sheriff, and
other officers; and the judicial, by various city courts, justices of
the peace, and county courts.
_Political Rights and Duties._--The political rights and duties of
citizens depend chiefly on the state consti
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