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Catholic Social Science Review

Volume 12, 2007

Shane Haselbarth
Pages 111-140
DOI: 10.5840/cssr2007127

Until Death Do U.S. Part
The States and Their Inherent, Authentic, and Valid Police Power

In considering the name of our country, "The United States of America," one cannot escape the conclusion that we are (or were meant to be) a nation of united sovereigns. In our federal system, the States possess a general police power, which the national government does not. Through this division of sovereignty, the founders had in mind a particular form of governance which protected liberty and the wellbeing of the citizenry. The justness of particular laws aside, the suitable body to consider, write, and repeal those laws aimed at the welfare of the community is the individual State. This conclusion is drawn both from our unique constitution as a nation, and the principle of subsidiarity.

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