This perspective of Federalism retains characteristics also known as trias politica. The model was first developed in ancient Greece and came into widespread use by the Roman republic. In this model of government, the state is divided into branches or estates. Each estate has separate and independent powers and areas of responsibility. The normal division of estates is into an executive, legislative and judiciary.Proponents of separation of powers believe that it protects liberty and democracy and avoids tyranny. Critics of separation of powers question whether it indeed does protect liberty, and historically point out that model of government that it may slows down the process.
The founding fathers of the United States, in order to quell concerns about a centralized federal government imposing tyranny, incorporated the characteristics of trias politicia with the States and Commonwealths with a dual set of constitutional officers. The expressed and enumerated rights of the Federal government , and each of its branches, their authority and limitations were present in the Constitution recently ratified by the States. The Federal government would remain as it was composed and without amendment but for the " The Bill of Rights as " rights of the people"- and thereafter, "the remainder the rights the States"-.
So upon the States came "reserved rights"-. These have generally been in public safety, health and welfare of people, and other sovereign rights. But the rights of the States are limited by the Tenth Amendment itself.: "nor prohibited by it to the States, are reserved to the States respectively, or to the people.
One prohibition exists in the 1982 amendment to the Voter Rights amendment provided:
Section 1973aa provides: Application of prohibition to other States; "test or device" defined(a) No citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any Federal, State, or local election conducted in any State or political subdivision of a State.
(b) As used in this section, the term "test or device" means any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class.
Title 42, Section 1973 (h) provides: Congressional finding and declaration of policy against enforced payment of poll taxes as a device to impair voting rights.The Congress finds that the requirement of the payment of a poll tax as a precondition to voting (i) precludes persons of limited means from voting or imposes unreasonable financial hardship upon such persons as a precondition to their exercise of the franchise, (ii) does not bear a reasonable relationship to any legitimate State interest in the conduct of elections, and (iii) in some areas has the purpose or effect of denying persons the right to vote because of race or color. Upon the basis of these findings, Congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting.
The state's powers for a license requirement is as much a truism as the amendment providing . A license is a payment of a tax, or fee affording and individual or company a priviledge, for which no general right exists. While licensure statutes promote business and performances standards, assure a public confidence, and provide safeguards in public safety and health, relative to a qualification for public office , it constitutes beyond the State's limitations. It is " invidious discrimination"""a classification which is arbitrary, irrational, and not reasonably related to a legitimate purpose. (McLaughlin v Florida; 379 US
In this case, the Tenth Amendment powers are limited by the Twenty-fourth Amendment.
Amendment XXIV of the United states Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. The amendment was proposed by Congress to the states on August 27,1962 and was ratified by the states on January 23, 1964. It wasn't until the U.S. Supreme Court ruled 6-3 in Harper v. Virginia Board of Elections (1966) that all state poll taxes (for both state and federal elections) were officially declared unconstitutional, because they violated the equal protection clause of the Fourteenth Amendment.
Thus the question involved in this controversy is not a question of the reserved rights to interpret the state laws. It is the often noticed or unmentioned component in federalism, the rights reserved to the people. The construct of the model of Federalism is more fluid than government to government, but active promotes the citizen participation. Justice Breyer, in dissent in United States v Morrison provides a key of the evolving fluidity."-
Its state/federal division of authority protects liberty-both by restricting the burdens that government can impose from a distance and by facilitating citizen participation in government that is closer to home.
The matter Gould v. Campbell has significances. Just as the Tenth amendment extends powers to the States the truism of the Tenth Amendment provides that the States' rights, originally , as a political theory, every citizen had the right to appear at an election for any public office. Much of the United States lands, which had been acquired in the settlement with the British Government, accompanied the reserved powers delegated to the States.
The period did not feature political parties per se, but were organized by States-- in minority and majority. Amendment X gives the minority party - whichever party that may be -- the power to make its case in each of the state legislatures , and thereby provides a vital outlet for their policy preferences. As for those elections to the Congress, the states would elect from their Legislatures , the Senator or "-representative of the sovereign state for the terms in the Constitution. The States also would have delegations
"from the People"- through elections to the House of Representatives. At the time of the American Revolution and at the framing of the Constitution, the right to vote was restricted upon two assumptions : First, that men who owned property, especially land, had a "stake" in preserving society and the government in order to protect their wealth. Second, only men of property had the "independence" to decide important political matters and to choose the members of the assembly who would debate and decide these matters. The Constitution did not original mention "voting"- but referred to the election of offices and electors from the States.
The restrictions to the right to vote or disqualification were constitutional provided for under the same Amendment that is generally cited as "Equal Protection"- or Due Process. The Fourteenth Amendment provides that "no state shall deprive any person of life, liberty, or property, without due process of law"-.
