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Dual sovereignty (view source)

Revision as of 16:06, December 21, 2006

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Dual sovereignty is the allocation of power between the federal government and the states under the [[U.S. Constitution]], with overlapping authority.

The states "surrendered many of their powers to the new Federal Government," but retained "'a residuary and inviolable sovereignty.'" ''Printz v. United States'', 521 U.S. 898, 918-19 (quoting [[The Federalist]] No. 39, at 245 ([[James Madison]])). This dual sovereignty is "reflected throughout the Constitution's text." ''Id.'' at 919. The continued existence of state sovereignty is "implicit . . . in the Constitution's conferral upon Congress of not all governmental powers, but only discrete, enumerated ones." ''Id.''
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