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Federalism
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to guarantee the division
of governmental responsibilities between the national government and the
States that was intended by the Framers of the Constitution, to ensure
that the principles of federalism established by the Framers guide the executive
departments and agencies in the formulation and implementation of
policies, and to further the policies of the Unfunded Mandates Reform
Act, it is hereby ordered as follows:
Section 1. Definitions....
Sec. 2. Fundamental Federalism Principles. In formulating and implementing
policies that have federalism implications, agencies shall be guided by the
following fundamental federalism principles:
(a) Federalism is rooted in the belief that issues that are not national
in scope or significance are most appropriately addressed by the level of
government closest to the people.
(b) The people of the States created the national government and delegated
to it enumerated governmental powers. All other sovereign powers, save
those expressly prohibited the States by the Constitution, are reserved to
the States or to the people.
(c) The constitutional relationship among sovereign governments, State
and national, is inherent in the very structure of the Constitution and is
formalized in and protected by the Tenth Amendment to the Constitution.
(d) The people of the States are free, subject only to restrictions in the
Constitution itself or in constitutionally authorized Acts of Congress, to
define the moral, political, and legal character of their lives.
(e) The Framers recognized that the States possess unique authorities,
qualities, and abilities to meet the needs of the people and should function
as laboratories of democracy.
in the public policies adopted by the people of the several States according
to their own conditions, needs, and desires. In the search for enlightened
public policy, individual States and communities are free to experiment
with a variety of approaches to public issues. One-size-fits-all approaches
to public policy problems can inhibit the creation of effective solutions
to those problems.
(g) Acts of the national government—whether legislative, executive, or
judicial in nature—that exceed the enumerated powers of that government
under the Constitution violate the principle of federalism established by
the Framers.
(h) Policies of the national government should recognize the responsibility
of—and should encourage opportunities for—individuals, families, neighborhoods,
local governments, and private associations to achieve their personal,
social, and economic objectives through cooperative effort.
(i) The national government should be deferential to the States when
taking action that affects the policymaking discretion of the States and
should act only with the greatest caution where State or local governments
have identified uncertainties regarding the constitutional or statutory authority
of the national government.
Sec. 3. Federalism Policymaking Criteria. In addition to adhering to the
fundamental federalism principles set forth in section 2, agencies shall adhere,
to the extent permitted by law, to the following criteria when formulating
and implementing policies that have federalism implications:
(a) There shall be strict adherence to constitutional principles.
(a) There shall be strict adherence to constitutional principles
The Constitution of the United States, Article. II., Section. 1.
The President shall,...
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
(paragraph 7-8)
Federalism: EO 13083
Sec. 3. Federalism Policymaking Criteria. In addition to adhering to the
fundamental federalism principles set forth in section 2 of this order, agencies
shall adhere, to the extent permitted by law, to the following criteria when
formulating and implementing policies that have federalism implications:
(a) There should be strict adherence to constitutional principles.
Federalism: EO 13132
Sec. 3. Federalism Policymaking Criteria. ...
(a) There shall be strict adherence to constitutional principles
The United States Constitution
Article. VI. - Debts, Supremacy, Oaths
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; ..., shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding....
The United States Constitution
Article. III. -Section 3 - Treason
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.