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When states consider the "balance of interests" of a law, what are they weighing?

a) Federal vs. state authority
b) Costs to the public vs. costs to the individual
c) If a law falls under federal "police powers" or not
d) Public benefit vs. individual rights

User Maryalice
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1 Answer

5 votes

Final answer:

States balance public benefits against individual rights when considering laws, with the intent to preserve liberty without compromising public welfare. The system of federalism was devised by the founding fathers to balance powers, distinguishing between federal, state, and local responsibilities. Option d) is the correct answer.

Step-by-step explanation:

When states consider the "balance of interests" of a law, they are weighing public benefit vs. individual rights. This process is essential to ensure that while the government promotes the happiness and security of the general population, it does not infringe upon the fundamental liberties of individuals. The founders created a system of federalism to maintain a balance of power between the national government and the states, where national security is managed federally, licenses issuance is a state's concern, and garbage collection is a local matter. However, certain policy areas, such as immigration and the rights of LGBTQ individuals, have prompted both federal and state governments to redefine their roles.

The U.S. Constitution outlines differing powers, being expressed powers (clearly stated, such as coining money), implied powers (not explicitly stated but necessary, like establishing the IRS), and inherent powers (those necessary for a sovereign nation to function, such as controlling borders). Therefore, states and local governments can address policy issues based on local needs, but tensions arise when the federal government's overarching policies come into play. This struggle between security and liberty is an ongoing challenge in governance.

User Robert Kubrick
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