BUTE V. ILLINOIS, 333 U. S. 640 (1948) -- US Supreme Court Cases from Justia & Oyez

BUTE V. ILLINOIS, 333 U. S. 640 (1948) -- US Supreme Court Cases from Justia & Oyez: "Page 333 U. S. 653

the United States, the Federal Government, as well as each state government, is, at bottom, a government by the people, nevertheless, the federal sphere of government has been largely limited to certain delegated powers. The burden of establishing a delegation of power to the United States or the prohibition of power to the states is upon those making the claim. This point of view is material in the instant cases in interpreting the limitation which the Fourteenth Amendment places upon the processes of law that may be practiced by the several states, including Illinois. In our opinion, this limitation is descriptive of a broad regulatory power over each state, and not of a major transfer by the states to the United States of the primary and preexisting power of the states over court procedures in state criminal cases."