Posted by
Civis on Friday, March 13, 2009 9:08:33 PM
About 25 States have a renewed sense of duty to act as a check on the federal government. By drawing a line in the sand and embracing the 9th and 10th Amendments, State Representatives are proposing resolutions to serve notice to the federal government that they are overstepping constitutional boundaries. This is a positive development, but it must be followed up further due to today's realities.
Back in the 19th Century, when States provided an active deterrent to federal encroachment, the States were not burdened by a federal income tax. A State's refusal to comply with federal mandates was not met with the forfeiting of a return on its citizens' income tax payments. Today's State governments could take a stand and refuse to comply with federal mandates or stimulus plans, but the result is the forfeiture of federal funds that the State's citizens have already paid into the system. This money will just go to another State that will comply with any federal demand. This provides the ammo to opponents who criticize the State governments for trying to take a stand on principle. Who would vote for a representative that does not care about his people?
The States' responsibility is to play an active role in balancing the power between the multiple levels of government. Beginning in the early 20th Century, the muscularity of this duty atrophied. There is a mechanism in place that can return our form of government to its proper balance.
Unlike the 9th and 10th Amendments, which are largely ignored, the States have an option that cannot be ignored. It would take a strong movement to succeed, but there is hope. The process is the Amendment process as identified in Article Five of the US Constitution. It is not well known that the States can initiate this process by calling for a Convention to propose amendments. It requires approval from 2/3 of the State's legislatures (34 States) to call a Convention and 3/4 of the States (38 States) to adopt an Amendment.
You can bet that the US Congress will never initiate a Constitutional Amendment limiting their power and influence. At a Convention called by the States, there would be the opportunity to press for Amendments that would return the federal government to its proper role and allow for the States to resume their role as laboratories of democracy. Items to be discussed would include:
- Repeal of the 16th Amendment (Income tax)
- Review of the Fairtax plan
- More expressed limitations on the power of the federal government
- Other ideas proposed by smarter people than me
With a reduced federal income tax burden, the States would be able to adjust their tax levels to provide the services demanded by its citizens. One size fits all federal legislation would be a thing of a past. If a State chose the path of higher taxes and more government programs, a neighboring State could enact policies that promote personal freedom. Definitive answers would be provided as to what the best paths for prosperity are. Bad policies would be attempted and could be discarded with much more ease than a federal program. Successful programs would be mimicked and improved upon.
Our nation is truly the greatest country and political system on earth. We must understand that our diversity is our greatest asset. It is time the federal government was humbled and made to understand that the States need the flexibility to enact legislation that benefit its citizens, which in turn is a benefit for our country. We need our federal government to concentrate on keeping us safe, maintaining international relations and trade, and providing a sound currency. We need the States to have the power to stand on principle without forfeiting the tax payments of its citizens. We need to continue our role as an economic engine of growth rather than a society of stagnation, red tape, and entitlement.
We can do better! Let's begin the movement. Write to your State Representatives and governor. The mechanism is there for us to take this government back to the people.
Article Five of the US Constitution
"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."