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Ninth Amendment to the United States Constitution
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The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights.
Contents
[hide]
1 Text
2 Background before adoption
3 Judicial interpretation
4 Scholarly interpretation
5 Recapitulation
6 See also
7 Footnotes
8 Further reading
8.1 Books
8.2 Articles
9 External links
Text[edit]
The amendment as proposed by Congress in 1789 reads as follows:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.[1]
The hand-written copy of the proposed Bill of Rights, 1789, cropped to just show the text that would later be ratified as the Ninth Amendment
Background before adoption[edit]
When the U.S. Constitution was put to the states for ratification after being signed on September 17, 1787, the Anti-Federalists argued that a Bill of Rights should be added. One of the arguments the Federalists gave against the addition of a Bill of Rights, during the debates about ratification of the Constitution, was that a listing of rights could problematically enlarge the powers specified in Article One, Section 8 of the new Constitution by implication. For example, in Federalist 84, Alexander Hamilton asked, "Why declare that things shall not be done which there is no power to do?"[2] Likewise, James Madison explained to Thomas Jefferson, "I conceive that in a certain degree ... the rights in question are reserved by the manner in which the federal powers are granted"[3] by Article One, Section 8 of the Constitution.
The Anti-Federalists persisted in favor of a Bill of Rights during the ratification debates, but also were against ratification, and consequently several of the state ratification conventions gave their assent with accompanying resolutions proposing amendments to be added. In 1788, the Virginia Ratifying Convention attempted to solve the problem that Hamilton and the Federalists had identified by proposing a constitutional amendment specifying:[4]
That those clauses which declare that Congress shall not exercise certain powers be not interpreted in any manner whatsoever to extend the powers of Congress. But that they may be construed either as making exceptions to the specified powers where this shall be the case, or otherwise as inserted merely for greater caution.
This proposal ultimately led to the Ninth Amendment. In 1789, while introducing to the House of Representatives nineteen[5] draft Amendments, James Madison addressed what would become the Ninth Amendment as follows:[6]
It has been objected also against a Bill of Rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.
Like Alexander Hamilton, Madison was concerned that enumerating various rights could "enlarge the powers delegated by the constitution."[6] To attempt to solve this problem, Madison submitted this draft to Congress:
The exceptions here or elsewhere in the constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people; or as to enlarge the powers delegated by the constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.[6]
This was an intermediate form of the Ninth Amendment that borrowed language from the Virginia proposal, while foreshadowing the final version.
The final text of the Ninth Amendment, like Madison's draft, speaks of other rights than those enumerated in the Constitution. The character of those other rights was indicated by Madison in his speech introducing the Bill of Rights (emphasis added):
It has been said, by way of objection to a bill of rights....that in the Federal Government they are unnecessary, because the powers are enumerated, and it follows, that all that are not granted by the constitution are retained; that the constitution is a bill of powers, the great residuum being the rights of the people; and, therefore, a bill of rights cannot be so necessary as if the residuum was thrown into the hands of the Government. I admit that these arguments are not entirely without foundation, but they are not as conclusive to the extent it has been proposed. It is true the powers of the general government are circumscribed; they are directed to particular objects; but even if government keeps within those limits, it has certain discretionary powers with respect to the means, which may admit of abuse.[6]
The First through Eighth Amendments address the means by which the federal government exercises its enumerated powers, while the Ninth Amendment addresses a "great residuum" of rights that have not been "thrown into the hands of the government," as Madison put it.[6] The Ninth Amendment became part of the Constitution on December 15, 1791 upon ratification by three-fourths of the states.
The final form of the amendment ratified by the states is as follows:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.[7]
Judicial interpretation[edit]
The Ninth Amendment has generally been regarded by the courts as negating any expansion of governmental power on account of the enumeration of rights in the Constitution, but the Amendment has not been regarded as further limiting governmental power. The U.S. Supreme Court explained this, in U.S. Public Workers v. Mitchell 330 U.S. 75 (1947): "If granted power is found, necessarily the objection of invasion of those rights, reserved by the Ninth and Tenth Amendments, must fail."
The Supreme Court held in Barron v. Baltimore (1833) that the Bill of Rights was enforceable by the federal courts only against the federal government, and not against the states. Thus, the Ninth Amendment originally applied only to the federal government, which is a government of enumerated powers.
Some jurists have asserted that the Ninth Amendment is relevant to interpretation of the Fourteenth Amendment. Justice Arthur Goldberg (joined by Chief Justice Earl Warren and Justice William Brennan) expressed this view in a concurring opinion in the case of Griswold v. Connecticut (1965):
The Framers did not intend that the first eight amendments be construed to exhaust the basic and fundamental rights.... I do not mean to imply that the .... Ninth Amendment constitutes an independent source of rights protected from infringement by either the States or the Federal Government....While the Ninth Amendment – and indeed the entire Bill of Rights – originally concerned restrictions upon federal power, the subsequently enacted Fourteenth Amendment prohibits the States as well from abridging fundamental personal liberties. And, the Ninth Amendment, in indicating that not all such liberties are specifically mentioned in the first eight amendments, is surely relevant in showing the existence of other fundamental personal rights, now protected from state, as well as federal, infringement. In sum, the Ninth Amendment simply lends strong support to the view that the "liberty" protected by the Fifth and Fourteenth Amendments from infringement by the Federal Government or the States is not restricted to rights specifically mentioned in the first eight amendments. Cf. United Public Workers v. Mitchell, 330 U.S. 75, 94–95.
In support of his interpretation of the Ninth, Goldberg quoted from Madison's speech in the House of Representatives as well as from Alexander Hamilton's Federalist Paper No. 84:
I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted, and, on this very account, would afford a colourable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power.
But the two Justices who dissented in Griswold replied that Goldberg was mistaken to invoke the Ninth as authority. Hugo Black's dissent said:
My Brother GOLDBERG has adopted the recent discovery that the Ninth Amendment as well as the Due Process Clause can be used by this Court as authority to strike down all state legislation which this Court thinks violates "fundamental principles of liberty and justice," or is contrary to the "traditions and [collective] conscience of our people." ... [O]ne would certainly have to look far beyond the language of the Ninth Amendment to find that the Framers vested in this Court any such awesome veto powers over lawmaking, either by the States or by the Congress. Nor does anything in the history of the Amendment offer any support for such a shocking doctrine. The whole history of the adoption of the Constitution and Bill of Rights points the other way, and the very material quoted by my Brother GOLDBERG shows that the Ninth Amendment was intended to protect against the idea that, "by enumerating particular exceptions to the grant of power" to the Federal Government, "those rights which were not singled out were intended to be assigned into the hands of the General Government [the United States], and were consequently insecure." That Amendment was passed not to broaden the powers of this Court or any other department of "the General Government," but, as every student of history knows, to assure the people that the Constitution in all its provisions was intended to limit the Federal Government to the powers granted expressly or by necessary implication. ... [F]or a period of a century and a half, no serious suggestion was ever made that the Ninth Amendment, enacted to protect state powers against federal invasion, could be used as a weapon of federal power to prevent state legislatures from passing laws they consider appropriate to govern local affairs.
And Potter Stewart's dissent said:
[T]o say that the Ninth Amendment has anything to do with this case is to turn somersaults with history. The Ninth Amendment, like its companion, the Tenth, which this Court held "states but a truism that all is retained which has not been surrendered," United States v. Darby, 312 U. S. 100, 312 U. S. 124, was framed by James Madison and adopted by the States simply to make clear that the adoption of the Bill of Rights did not alter the plan that the Federal Government was to be a government of express and limited powers, and that all rights and powers not delegated to it were retained by the people and the individual States. Until today, no member of this Court has ever suggested that the Ninth Amendment meant anything else, and the idea that a federal court could ever use the Ninth Amendment to annul a law passed by the elected representatives of the people of the State of Connecticut would have caused James Madison no little wonder.
Since Griswold, some judges have tried to use the Ninth Amendment to justify judicially enforcing rights that are not enumerated. For example, the District Court that heard the case of Roe v. Wade ruled in favor of a "Ninth Amendment right to choose to have an abortion," although it stressed that the right was "not unqualified or unfettered." [8] However, Justice William O. Douglas rejected that view; Douglas wrote that, "The Ninth Amendment obviously does not create federally enforceable rights." See Doe v. Bolton (1973). Douglas joined the majority opinion of the U.S. Supreme Court in Roe, which stated that a federally enforceable right to privacy, "whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."[9]
The Sixth Circuit Court of Appeals stated in Gibson v. Matthews, 926 F.2d 532, 537 (6th Cir. 1991) that the Ninth Amendment was intended to vitiate the maxim of expressio unius est exclusio alterius according to which the express mention of one thing excludes all others:
[T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law. The ninth amendment was added to the Bill of Rights to ensure that the maxim expressio unius est exclusio alterius would not be used at a later time to deny fundamental rights merely because they were not specifically enumerated in the Constitution.
Justice Antonin Scalia expressed the view, in the dissenting opinion of Troxel v. Granville 530 U.S. 57 (2000), that:
The Declaration of Independence...is not a legal prescription conferring powers upon the courts; and the Constitution’s refusal to 'deny or disparage' other rights is far removed from affirming any one of them, and even farther removed from authorizing judges to identify what they might be, and to enforce the judges’ list against laws duly enacted by the people.
Scholarly interpretation[edit]
Professor Laurence Tribe shares the view that this amendment does not confer substantive rights: "It is a common error, but an error nonetheless, to talk of 'ninth amendment rights.' The ninth amendment is not a source of rights as such; it is simply a rule about how to read the Constitution."[10]
In 2000, Harvard historian Bernard Bailyn gave a speech at the White House on the subject of the Ninth Amendment. He said that the Ninth Amendment refers to "a universe of rights, possessed by the people – latent rights, still to be evoked and enacted into law....a reservoir of other, unenumerated rights that the people retain, which in time may be enacted into law."[11] Similarly, journalist Brian Doherty has argued that the Ninth Amendment "specifically roots the Constitution in a natural rights tradition that says we are born with more rights than any constitution could ever list or specify."[12]
Robert Bork, often considered an originalist, stated during his Supreme Court confirmation hearing that a judge should not apply a constitutional provision like this one if he does not know what it means; the example Bork then gave was a clause covered by an inkblot. Upon further study, Bork later ascribed a meaning to the Ninth Amendment in his book The Tempting of America. In that book, Bork subscribed to the interpretation of constitutional historian Russell Caplan, who asserted that this Amendment was meant to ensure that the federal Bill of Rights would not affect provisions in state law that restrain state governments.[13]
A libertarian originalist, Randy Barnett has argued that the Ninth Amendment requires what he calls a presumption of liberty. Barnett also argues that the Ninth Amendment prevents the government from invalidating a ruling by either a jury or lower court through strict interpretation of the Bill of Rights. According to Barnett, "The purpose of the Ninth Amendment was to ensure that all individual natural rights had the same stature and force after some of them were enumerated as they had before."[13]
According to professor and former Circuit Judge Michael W. McConnell, "[T]he rights retained by the people are indeed individual natural rights, but those rights enjoy precisely the same status, and are protected in the same way, as before the Bill of Rights was added to the Constitution. They are not relinquished, denied, or disparaged. Nor do natural rights become ‘‘constitutional rights.’’ They are simply what all retained rights were before the enactment of the Bill of Rights: a guide to equitable interpretation and a rationale for narrow construction of statutes that might be thought to infringe them, but not superior to explicit positive law. This understanding of the relation of unenumerated natural rights to positive law closely resembles the relation between common law and legislation: the common law governs in the absence of contrary legislation, and sometimes even guides or limits the interpretation of ambiguous or over broad statutes, but does not prevail in the teeth of specific statutory overrides.
"This mode of interpretation offers a middle way between the two usual poles of unenumerated rights jurisprudence. One pole maintains that if a claimed right cannot be found in the Constitution, even applying a liberal construction to its terms, it is entitled to no protection at all... The other pole maintains that there are unwritten natural rights whose content must inevitably be determined, finally and without possibility of legislative override, by judges. These rights then receive full constitutional protection even when the representatives of the people have reached the contrary conclusion...If I am correct about the meaning of the Ninth Amendment, neither of these approaches is entirely correct. Rather, an assertion of natural right (generally founded on common law or other long-standing practice) will be judicially enforceable unless there is specific and explicit positive law to the contrary. This allows the representatives of the people, rather than members of the judiciary, to make the ultimate determination of when natural rights should yield to the peace, safety, and happiness of society".[14]
Still others, such as Thomas B. McAffee, have argued that the Ninth Amendment protects the unenumerated "residuum" of rights which the federal government was never empowered to violate.[15]
According to lawyer and diplomat Frederic Jesup Stimson, the framers of the Constitution and the Ninth Amendment intended that no rights that they already held would be lost through omission. Law professor Charles Lund Black took a similar position, though Stimson and Black respectively acknowledged that their views differed from the modern view, and differed from the prevalent view in academic writing.[16][17]
Gun rights activists in recent decades have sometimes argued for a fundamental natural right to keep and bear arms in the United States that both predates the U.S. Constitution and is covered by the Constitution's Ninth Amendment; according to this viewpoint, the Second Amendment only enumerates a pre-existing right to keep and bear arms.[18]
Recapitulation[edit]
The Ninth Amendment explicitly bars denial of unenumerated rights if the denial is based on the enumeration of certain rights in the Constitution, but this amendment does not explicitly bar denial of unenumerated rights if the denial is based on the enumeration of certain powers in the Constitution.[19] It is to that enumeration of powers that the courts have pointed, in order to determine the extent of the unenumerated rights mentioned in the Ninth Amendment.[19]
See also[edit]
Constitutionalism
Exception that proves the rule
Originalism
Tenth Amendment
Footnotes[edit]
Jump up ^ United States Government Printing Office. "Unenumerated Rights – Ninth Amendment" (PDF). gpo.gov.
Jump up ^ Alexander Hamilton, Federalist, no. 84, 575–81 (28 May 1788).
Jump up ^ James Madison, Letter to Thomas Jefferson (October 17, 1788). Madison often expressed this idea, for example in a letter to George Washington dated December 5, 1789 ("If a line can be drawn between the powers granted and the rights retained, it would seem to be the same thing, whether the latter be secured by declaring that they shall not be abridged, or that the former shall not be extended").
Jump up ^ Virginia Ratification Resolution (June 26, 1788).
Jump up ^ "Amendments Offered in Congress by James Madison".
^ Jump up to: a b c d e James Madison,Speech Introducing Bill of Rights (June 8, 1789).
Jump up ^ https://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Jump up ^ Roe v. Wade, 314 F. Supp. 1217 at 1223 (1970).
Jump up ^ Roe v. Wade, 410 U.S. 113 (1973). Findlaw.com. Retrieved 2007-06-04.
Jump up ^ Laurence H. Tribe, American Constitutional Law p. 776 n. 14 (2nd ed. 1998).
Jump up ^ Bernard Bailyn, Remarks at White House Millennium Evening (2000).
Jump up ^ Doherty, Brian, Radicals for Capitalism: A Freewheeling History of the Modern American Libertarian Movement, p. 28 (2007)
^ Jump up to: a b Randy E. Barnett (November 2006). "The Ninth Amendment: It Means What It Says". Texas Law Review. UT Law School Publications. 85 (1): 1–82. Retrieved 2013-07-20.
Jump up ^ https://law.stanford.edu/index.php?webauth-document=publication/259408/doc/slspublic/ssrn-id1678203.pdf
Jump up ^ Thomas B. McAffee, "Federalism and the Protection of Rights: The Modern Ninth Amendment's Spreading Confusion", 1996 B.Y.U. Law Rev. 351 (via archive.org).
Jump up ^ Frederic Jesup Stimson, The Law of the Federal and State Constitutions of the United States; Book One, Origin and Growth of the American Constitutions, 2004, Introductory, Lawbook Exchange Ltd, ISBN 1-58477-369-3. According to Stimson:
It was at first believed by our greatest judges and jurists that the whole English Constitution was implied in the Federal Constitution ; that there is, as it were, an unwritten Constitution which we inherited in America and which consisted, not only of the English Constitution where not expressly altered by our own, but of all matters of natural right and justice. Doubtless this is the intended meaning of the Ninth Amendment…. Such is not, perhaps, the modern view ; but the question has become, in fact, academic, for the reason that in 120 years of interpretation our Supreme Court has ever found some clause in the Federal Constitution into which to read any English constitutional principle not therein expressly altered.
Jump up ^ Charles Lund Black, A New Birth of Freedom, 1999, p. 10, Yale University Press, ISBN 0-300-07734-3. According to Black, "The Academic writing on this amendment seems to me in great part a multidirectional fluttering flight from the Amendment’s rather plain meaning….”
Jump up ^ Nicholas Johnson, Beyond the Second Amendment: An Individual Right to Arms Viewed Through The Ninth Amendment, 24 Rutgers L.J. 1, 64–67 (1992).
^ Jump up to: a b United Public Workers v. Mitchell, 330 U.S. 75 (1947). See also Jenkins v. Commissioner of Internal Revenue, 483 F.3d 90 (2d Cir 2007).
Further reading[edit]
Books[edit]
Barnett, Randy E. (2005). Restoring the Lost Constitution: The Presumption of Liberty. Princeton, NJ: Princeton University Press. ISBN 0-691-12376-4.
Farber, Daniel A. (2007). Retained by the People: The "Silent" Ninth Amendment and the Constitutional Rights Americans Don't Know They Have. Perseus Books Group. ISBN 0-465-02298-7.
Lash, Kurt T. (2009). The Lost History of the Ninth Amendment. Oxford University Press. ISBN 0-19-537261-1.
Articles[edit]
Barnett, Randy. "The Ninth Amendment: It Means What It Says", Texas Law Review, Vol. 85, p. 1 (2006).
Barnett, Randy. "Kurt Lash's Majoritarian Difficulty", Stanford Law Review, Vol. 60 (2008).
Lash, Kurt. "The Lost Original Meaning of the Ninth Amendment", Texas Law Review, Vol. 83 (2004).
Lash, Kurt. "The Lost Jurisprudence of the Ninth Amendment", Texas Law Review, Vol. 83 (2005).
Lash, Kurt. "A Textual-Historical Theory of the Ninth Amendment", Stanford Law Review, Vol. 60, p. 906 (2008).
McConnell, Michael. "The Ninth Amendment in Light of Text and History", Cato Supreme Court Review 13 (2009–2010).
Williams, Ryan. "The Ninth Amendment as a Rule of Construction", Columbia Law Review, Vol. 111, p. 498 (2011).
External links[edit]
"CRS Annotated Constitution: 9th Amendment" by the Congressional Research Service (2000)
"Proposed Amendments to the Constitution" by James Madison (1789)
"Bill of Rights Institute: Ninth Amendment"
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State governments of the United States
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This article is part of a series on the
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State governments of the United States are institutional units in the United States exercising some of the functions of government at a level below that of the federal government. Each state's government holds fiscal, legislative and executive authority over[1] a defined geographic territory. The United States is composed 50 states: 13 that were already part of the United States at the time the present Constitution took effect in 1789, plus 37 that have been admitted since by Congress as authorized under Article IV, Section 3 of the Constitution.[2]
While each state government within the United States holds legal and administrative jurisdiction within its bounds,[3] they are not sovereign in the Westphalian sense in international law which says that each State has sovereignty over its territory and domestic affairs, to the exclusion of all external powers, on the principle of non-interference in another State's domestic affairs, and that each State (no matter how large or small) is equal in international law.[4] Additionally, the member states of the United States do not possess international legal sovereignty, meaning that they are not recognized by other sovereign States such as, for example, France, Germany or the United Kingdom,[4] nor do they possess full interdependence sovereignty (a term popularized by international relations professor Stephen D. Krasner),[5] meaning that they cannot control movement of persons across state borders.[4] The idea of "dual sovereignty" or "separate sovereigns" is derived from the 10th Amendment to the Constitution, which states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."[3] Structured in accordance with state law (including state constitutions and state statutes), state governments share the same structural model as the federal system, with three branches of government—executive, legislative, and judicial.
The governments of the 13 states that formed the original Union under the Constitution trace their roots back to the British royal charters which established them. Most of the states admitted to the Union after the original 13 have been formed from organized territories established and governed by Congress in accord with its plenary power under Article IV, Section 3, Clause 2 of the Constitution.[2] Six subsequent states were never an organized territory of the federal government, or part of one, before being admitted to the Union. Three were set off from an already existing state: Kentucky (1792, from Virginia),[6][7][8] Maine (1820, from Massachusetts),[6][7][8] and West Virginia (1863, from Virginia).[7][8][9] Two were sovereign states at the time of their admission: Texas (1845, previously the Republic of Texas),[6][7][10] and Vermont (1791, previously the Vermont Republic De facto).[6][7][11] One was established from unorganized territory: California (1850, from land ceded to the United States by Mexico in 1848 under the terms of the Treaty of Guadalupe Hidalgo).[6][7][12]
Contents
[hide]
1 Legislatures
1.1 Upper Houses
1.2 Lower Houses
2 Executive
3 Judiciary
4 Common government components
5 State Government debt to GDP
6 See also
7 References
Legislatures[edit]
See also: List of United States state legislatures
The legislative branch of the U.S. states consists of state legislatures. Every state except for Nebraska has a bicameral legislature, meaning it comprises two chambers.
The unicameral Nebraska Legislature is commonly called the "Senate", and its members are officially called "Senators".
In the majority of states (26), the state legislature is simply called "Legislature." Another 19 states call their legislature "General Assembly". Two states (Oregon and North Dakota) use the term "Legislative Assembly", while another two (Massachusetts and New Hampshire) use the term "General Court".
Upper Houses[edit]
In the 49 bicameral legislatures, the upper house is called the "Senate".
Until 1964, state senators were generally elected from districts that were not necessarily equal in population. In some cases state senate districts were based partly on county lines; in the vast majority of states the senate districts provided proportionately greater representation to rural areas. However, in the 1964 decision Reynolds v. Sims, the U.S. Supreme Court ruled that, unlike the United States Senate, state senates must be elected from districts of approximately equal population.
Lower Houses[edit]
In 40 of the 49 bicameral state legislatures, the lower house is called the "House of Representatives". The name "House of Delegates" is used in Maryland, Virginia, and West Virginia. California and Wisconsin call their lower house the "State Assembly", while Nevada and New York simply call the lower house the "Assembly". New Jersey calls its lower house the "General Assembly".
Executive[edit]
The executive branch of every state is headed by an elected Governor. Most states have a plural executive, in which several key members of the executive branch are directly elected by the people and serve alongside the governor. These include the offices of lieutenant governor (often on a joint ticket with the governor) and attorney general, secretary of state, auditors (or comptrollers or controllers), treasurer, commissioner of agriculture, commissioner (or superintendent) of education, and commissioner of insurance.[citation needed]
Each state government is free to organize its executive departments and agencies in any way it likes. This has resulted in substantial diversity among the states with regard to every aspect of how their governments are organized.
Most state governments traditionally use the department as the standard highest-level component of the executive branch, in that the secretary of a department is normally considered to be a member of the governor's cabinet and serves as the main interface between the governor and all agencies in his or her assigned portfolio. A department in turn usually consists of several divisions, offices, and/or agencies. A state government may also include various boards, commissions, councils, corporations, offices, or authorities, which may either be subordinate to an existing department or division, or independent altogether.
A few of the most populous or oldest states have run into serious administrative problems because they promoted too many important government functions from divisions to departments (usually in response to whatever was the biggest scandal at the time), thereby expanding the governor's cabinet to an unwieldy size. Rather than adopt the sensible (but politically radioactive) solution of demoting some departments back to divisions, those states created another level above departments and limited cabinet membership to the officers appointed at that level. California created "agencies" (also called "superagencies" by government insiders to distinguish them from the general usage of the term "agency"), Kentucky created "cabinets," Massachusetts created "executive offices," and Vermont created "agencies."
Judiciary[edit]
The judicial branch in most states has a court of last resort usually called a supreme court that hears appeals from lower state courts. New York's highest court is called the Court of Appeals, while its trial court is known as the Supreme Court. Maryland also calls its highest court the Court of Appeals. Texas and Oklahoma each separate courts of last resort for civil and criminal appeals. Each state's court has the last word on issues of state law and can only be overruled by federal courts on issues of Constitutional law.
The structure of courts and the methods of selecting judges is determined by each state's constitution or legislature. Most states have at least one trial-level court and an intermediate appeals court from which only some cases are appealed to the highest court.
Common government components[edit]
See also: State constitutional officer (United States) and Comparison of U.S. state governments
Although the exact position of each component may vary, there are certain components common to most state governments:
Office of the Governor
Office of the Lieutenant Governor
Office of the State Attorney General
Agriculture
Arts council
Banking/Financial institutions
Civil service
Consumer protection
Corrections and parole supervision
Economic development
Education
Emergency management
Energy
Environment
Fire protection
Health care
Highway patrol
Housing
Insurance
Justice
Labor
Law revision
Lottery
Motor vehicles
Military affairs (National Guard)/Adjutant general
Occupational safety and health
Pensions (for public employees)
Public health
Secretary of state
State parks
State police
State university system
Transportation
Unemployment insurance
Veterans' affairs
Workers' compensation
State Government debt to GDP[edit]
See also[edit]
List of people who have served in all three branches of a U.S. state government
Local government in the United States
Federal government of the United States
Article Four of the United States Constitution
Seals of the U.S. states
Political divisions of the United States
References[edit]
Jump up ^ "Glossary of Statistical Terms: State Government". Organisation for Economic Cooperation and Development (OECD). Retrieved February 26, 2017.
^ Jump up to: a b "Constitution of the United States, Article IV, Section 3, Paragraph 1". Legal Information Institute, Cornell University Law School. Retrieved 17 October 2015.
^ Jump up to: a b "Constitution of the United States, Amendment X". Legal Information Institute, Cornell University Law School. Retrieved 17 October 2015. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
^ Jump up to: a b c Krasner, Professor Stephen D. (2001). Problematic Sovereignty: Contested Rules and Political Possibilities. pp. 6–12. ISBN 9780231121798.
Jump up ^ Axtmann, Roland (2007). Democracy: Problems and Perspectives. Edinburgh: Edinburgh University Press. p. 136. ISBN 9780748620104. Retrieved 23 December 2015.
^ Jump up to: a b c d e Stein, Mark (2008). How the States Got Their Shapes. New York: HarperCollins. pp. xvi, 334. ISBN 9780061431395.
^ Jump up to: a b c d e f "Official Name and Status History of the several States and U.S. Territories". TheGreenPapers.com.
^ Jump up to: a b c Michael P. Riccards, "Lincoln and the Political Question: The Creation of the State of West Virginia" Presidential Studies Quarterly, Vol. 27, 1997 online edition
Jump up ^ "A State of Convenience: The Creation of West Virginia, Chapter Twelve, Reorganized Government of Virginia Approves Separation". Wvculture.org. West Virginia Division of Culture and History.
Jump up ^ Holt, Michael F. (200). The fate of their country: politicians, slavery extension, and the coming of the Civil War. New York: Hill and Wang. p. 15. ISBN 978-0-8090-4439-9.
Jump up ^ "The 14th State". Vermont History Explorer. Vermont Historical Society.
Jump up ^ "California Admission Day September 9, 1850". CA.gov. California Department of Parks and Recreation.
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Fibre Channel over Ethernet
From Wikipedia, the free encyclopedia
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"FCOE" redirects here. For the Congolese airport with that ICAO code, see Ewo Airport.
Fibre Channel over Ethernet (FCoE) is a computer network technology that encapsulates Fibre Channel frames over Ethernet networks. This allows Fibre Channel to use 10 Gigabit Ethernet networks (or higher speeds) while preserving the Fibre Channel protocol. The specification was part of the International Committee for Information Technology Standards T11 FC-BB-5 standard published in 2009.[1]
Combined storage and local area network
Contents
1 Functionality
2 Application
3 Frame format
4 Timeline
5 See also
6 References
7 External links
Functionality[edit]
FCoE transports Fibre Channel directly over Ethernet while being independent of the Ethernet forwarding scheme. The FCoE protocol specification replaces the FC0 and FC1 layers of the Fibre Channel stack with Ethernet. By retaining the native Fibre Channel constructs, FCoE was meant to integrate with existing Fibre Channel networks and management software.
Data centers used Ethernet for TCP/IP networks and Fibre Channel for storage area networks (SANs). With FCoE, Fibre Channel becomes another network protocol running on Ethernet, alongside traditional Internet Protocol (IP) traffic. FCoE operates directly above Ethernet in the network protocol stack, in contrast to iSCSI which runs on top of TCP and IP. As a consequence, FCoE is not routable at the IP layer, and will not work across routed IP networks.
Since classical Ethernet had no priority-based flow control, unlike Fibre Channel, FCoE required enhancements to the Ethernet standard to support a priority-based flow control mechanism (to reduce frame loss from congestion). The IEEE standards body added priorities in the data center bridging Task Group.
Fibre Channel required three primary extensions to deliver the capabilities of Fibre Channel over Ethernet networks:
Encapsulation of native Fibre Channel frames into Ethernet Frames.
Extensions to the Ethernet protocol itself to enable an Ethernet fabric in which frames are not routinely lost during periods of congestion.
Mapping between Fibre Channel N_port IDs (aka FCIDs) and Ethernet MAC addresses.
"Converged" network adapter
Computers can connect to FCoE with converged network adapters (CNAs), which contain both Fibre Channel host bus adapter (HBA) and Ethernet network interface controller (NIC) functionality on the same physical card. CNAs have one or more physical Ethernet ports. FCoE encapsulation can be done in software with a conventional Ethernet network interface card, however FCoE CNAs offload (from the CPU) the low level frame processing and SCSI protocol functions traditionally performed by Fibre Channel host bus adapters.
Application[edit]
The main application of FCoE is in data center storage area networks (SANs). FCoE has particular application in data centers due to the cabling reduction it makes possible, as well as in server virtualization applications, which often require many physical I/O connections per server.
With FCoE, network (IP) and storage (SAN) data traffic can be consolidated using a single network. This consolidation can:
reduce the number of network interface cards required to connect to disparate storage and IP networks
reduce the number of cables and switches
reduce power and cooling costs
Frame format[edit]
FCoE Frame Format
FCoE is encapsulated over Ethernet with the use of a dedicated Ethertype, 0x8906. A single 4-bit field (version) satisfies the IEEE sub-type requirements. The 802.1Q tag is optional but may be necessary in a given implementation.[2] The SOF (start of frame) and EOF (end of frame) are encoded as specified in RFC 3643. Reserved bits are present to guarantee that the FCoE frame meets the minimum length requirement of Ethernet. Inside the encapsulated Fibre Channel frame, the frame header is retained so as to allow connecting to a storage network by passing on the Fibre Channel frame directly after de-encapsulation.
The FIP (FCoE Initialization Protocol) is an integral part of FCoE. Its main goal is to discover and initialize FCoE capable entities connected to an Ethernet cloud. FIP uses a dedicated Ethertype of 0x8914.
Timeline[edit]
In October 2003, Azul Technology developed early version and applied for a patent.[3]
In April 2007, the FCoE standardization activity started.
In October 2007, the first public end-to-end FCoE demo occurred at Storage Network World including adapters from QLogic, switches from Nuova Systems, and storage from NetApp (none of the companies involved made any product announcements at the time).[4][5]
In April 2008, an early implementor was Nuova Systems, a subsidiary of Cisco Systems, which announced a switch.[6][7] Brocade Communications Systems also announced support in 2008.[8] After the late-2000s financial crisis, however, any new technology had a hard time getting established.[9][10]
In June 2009, the FCoE technology that had been defined as part of the International Committee for Information Technology Standards (INCITS) T11 FC-BB-5 standard was forwarded to ANSI for publication.[1]
In May 2010, the FC-BB-5 standard was published as ANSI/INCITS 462-2010.[11] Some additional work was done in the INCITS.[12]
By September 2011, a columnist was calling the technology "dead".[13]
Data center switches from Force10 and Dell PowerConnect supported FCoE and in June 2013, Dell Networking, which is the new brand-name for all networking portfolio of Dell, introduced the S5000 series which can be a fully native FCoE switch with the option to include a native fibre channel module, allowing you to connect the S5000 directly to an FC SAN environment.[14]
See also[edit]
iSCSI
ATA over Ethernet (AoE)
HyperSCSI
LIO Linux SCSI Target
SCST Linux FCoE target driver
References[edit]
^ Jump up to: a b "Fibre Channel: Backbone - 5 revision 2.00" (PDF). American National Standard for Information Technology International Committee for Information Technology Standards Technical Group T11. June 4, 2009. Retrieved May 5, 2011.
Jump up ^ "Fibre Channel – Backbone 5, 7.7 FCoE frame format" (PDF). T11. 4 June 2009. Retrieved 2015-01-06.
Jump up ^ Alex E. Henderson; John William Hayes; Walter E. Croft; Linda Elaine Eaton (October 21, 2003). "Transporting fibre channel over ethernet". US Patent and Trademark Office. US Patent 20080028096 granted January 31, 2008
Jump up ^ Austin Modine (October 17, 2007). "QLogic hypes ′network consolidation′ with FCoE". The Register.
Jump up ^ PrimeNewswire (October 16, 2007). "QLogic, NetApp and Nuova Systems Demonstrate Industry′s First Converged Network With Fibre Channel Over Ethernet". TMC News.
Jump up ^ Paul Shread (April 10, 2008). "Cisco Buys Nuova as FCoE Heats Up". Enterprise Storage Forum. Retrieved May 5, 2011.
Jump up ^ "Cisco Announces Intent to Acquire Remaining Interest in Nuova Systems". Press release. Cisco Systems. April 8, 2008. Archived from the original on March 4, 2012. Retrieved May 5, 2011.
Jump up ^ Dave Rowell (March 19, 2008). "Cisco, Brocade See One Big Happy Fabric". Enterprise Storage Forum. Retrieved May 5, 2011.
Jump up ^ Drew Robb (March 29, 2011). "FCoE Struggles to Gain Traction". Enterprise Storage Forum. Retrieved May 5, 2011.
Jump up ^ Henry Newman (April 25, 2011). "FCoE Gets Lost in Vendor Stupidity". Enterprise Storage Forum. Retrieved May 5, 2011.
Jump up ^ "Information technology - Fibre Channel - Backbone - 5 (FC-BB-5)". ANSI/INCITS 462-2010. International Committee for Information Technology Standards (formerly NCITS). May 13, 2010. Official standard.
Jump up ^ "Fibre Channel over Ethernet". T11 web site. Retrieved May 23, 2013.
Jump up ^ Douglas Gourlay (September 13, 2011). "Why FCoE is Dead, But Not Buried Yet". Network World. Retrieved May 23, 2013.
Jump up ^ Dell Networking S-Series switches overview, visited 26 May 2013
External links[edit]
FCoE web site
Retrieved from "https://en.wikipedia.org/w/index.php?title=Fibre_Channel_over_Ethernet&oldid=842294566"
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Fibre Channel
Network protocols
Ethernet
Computer storage buses
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