The Commission on intergovernmental relations Page: 68
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Joint arrangements are consistent with the sound pattern of
interlevel relationships which recognizes that in any broad field
of activity-such as health or highways-the problem is the
allocation of duties rather than of whole functions. These
relationships involve various combinations of legislative and administrative
interdependence and varying contributions by the
National and State partners, depending on the nature of the
work. The National share may amount to no more than investigation
and information provided by a technical bureau, perhaps
incidentally or even unintentionally. At the other extreme, the
State may contribute nothing beyond a permanent law which
routinely supports the National objective. Between these extremes
are many types of shared responsibility, with much depending
on whether the enterprise is a permissive service or a
mandatory regulation.
DIVIDING JURISDICTION IN REGULATORY ACTIVITIES
National regulatory action must be based upon an enumerated
power in the Constitution. The enumerated powers do not confer
authority in terms of complete segments of the economy, such
as transportation, manufacturing, or mining; they deal with
phases, not wholes. Generally they leave some related powers
in the States. These characteristics contribute to the incompleteness
of National action and the inevitability of related bodies
of National and State law.
The National Government is further limited by the fact that
most coercive laws (except in such fields as banking and credit,
supported by a combination of monetary and borrowing powers,
or patents and copyrights, reached through minor enumerated
powers) are based on the power of Congress to regulate interstate
and foreign commerce. The other main enumerated powers-the
taxing power, the war power, and the treaty powerdo
permit pervasive action without regard to State lines. There
are constitutional as well as administrative reasons, however,
why taxation should be used only incidentally for regulatory purposes;
there are compelling reasons why the war power and the
treaty power should be confined to the necessities inherent in the
great purposes for which they exist, defense and effective partici
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United States. Commission on Intergovernmental Relations. The Commission on intergovernmental relations, book, June 1955; Washington, D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1051/m1/82/: accessed April 2, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.