If Thomas Jefferson could come back and visit the United States for a day, would he recognize the government his wisdom and wordsmithing helped create?

He would likely be confused, or outraged, by the overreaching power of the federal government. He would bristle at the coercive use of matching funding and unfunded federal mandates to make the states submit to the will of the federal system.

Federal mandates and power grabs have been happening for years, but gaining momentum is a national movement to demand the federal government adhere to the designs of our forefathers and enforce the 10th Amendment. That amendment says powers not delegated to the federal government are reserved to the states or the people.

Recently, I co-authored a resolution urging the federal government to end all state mandates beyond the scope of powers outlined by that 10th Amendment. We were joined by 19 other Republicans and six Democrats as co-authors. It passed in the Senate overwhelmingly, 44-3.

Similar resolutions have been introduced in over 30 states. Many leaders in those states have recognized the checks and balances our forefathers built into the U.S. government have eroded to dangerous levels.

Early American statesman Alexander Hamilton said, “The people will always take care to preserve the constitutional equilibrium between the federal and state governments.” This balance formed a double security for the people. If one encroached on their rights, they could find a powerful protection in the other.

Our founding fathers said the federal government should be concerned with war, treaty and commerce between the states and abroad — period. Everything else — roads, education, agriculture, etc. — is a state responsibility.

Programs such as the far-reaching “No Child Left Behind” and massive federal stimulus plans with as many strings as dollars both disrupt the balance built in our system of government.

This issue is not an attack on the Obama Administration. This is not a Democrat-versus-Republican issue. This issue is about the legitimacy of authority wielded by the federal government.

Our founding fathers knew what they were setting up. Conflict between the state and federal systems was by design. Jefferson teamed with another future president and statesman, James Madison, to write this resolution for Kentucky and Virginia: “The several states composing the United States of America are not united on the principle of unlimited submission to their General Government …”

Powers of the federal government are, as the Constitution clearly outlines, “delegated.” They are not inherent. This arrangement made the federal government an agent of sorts for the states, authorizing it to act on their behalf in certain ways — not vice-versa.

If our U.S. Constitution is to be anything other than a dusty document we honor in a museum, we need to keep those principles alive in our hearts and minds. While he might be dismayed at how out-of-balance our government currently is, I think Thomas Jefferson would also be pleased to see resolutions passed in so many states protesting federal intrusion. After all, it was Jefferson who said, “Dissent is the highest form of patriotism.”

What do you think? Please contact me at State Sen. Dennis Kruse, Indiana Senate, 200 W. Washington St., Indianapolis, IN 46204, call (800) 382-9467, or send e-mail to S14@in.gov

If Thomas Jefferson could come back and visit the United States for a day, would he recognize the government his wisdom and wordsmithing helped create?

He would likely be confused, or outraged, by the overreaching power of the federal government. He would bristle at the coercive use of matching funding, and unfunded federal mandates, to make the states submit to the will of the federal system.

Federal mandates and power grabs have been happening for years, but gaining momentum is a national movement to demand the federal government adhere to the designs of our forefathers and enforce the 10th Amendment. That amendment says powers not specifically delegated to the federal government are reserved to the states.

I joined State Sen. Greg Walker (R-Columbus) in authoring a resolution urging the federal government to end all state mandates beyond the scope of powers outlined by that 10th Amendment. We were joined by 19 other Republicans and six Democrats as co-authors. It passed in the Senate overwhelmingly, 44-3. Similar resolutions have been introduced in 30 states – 15 in the last month alone.

Many leaders in those states have recognized the checks and balances our forefathers built into the U.S. government have eroded to dangerous levels.

Early American statesman Alexander Hamilton said “the people will always take care to preserve the constitutional equilibrium between the federal and state governments.” This balance formed a double security for the people. If one encroached on their rights, they could find a powerful protection in the other.

Our founding fathers said the federal government should be concerned with war, treaty and commerce between the states and abroad — period. Everything else – roads, education, agriculture, etc – is a state responsibility. Programs such as the far-reaching “No Child Left Behind,” signed by a Republican President, and massive federal stimulus plans with as many strings as dollars, created by a Democrat president, both disrupt the balance built into our system of government.

Jefferson teamed with another future president and statesman, James Madison, to write this resolution for Kentucky and Virginia: “The several states composing the United States of America are not united on the principle of unlimited submission to their General Government.”

Powers of the federal government are, as the Constitution clearly outlines, “delegated.” They are not inherent. This arrangement made the federal government an agent of sorts for the states, authorizing it to act on their behalf in certain ways – not vice-versa.

This issue is not an attack of the Obama Administration. This is not a Democrat versus Republican issue. This issue is about the legitimacy of authority wielded by the federal government. Our founding fathers knew what they were setting up. Conflict between the state and federal systems was by design.

If our constitution is to be anything other than a dusty document we honor in a museum, we need to keep those principles alive in our hearts and minds.

While he might be dismayed at how out-of-balance our government currently is, I think Thomas Jefferson would also be pleased to see resolutions passed in so many states protesting federal intrusion. After all, it was Jefferson who said “Dissent is the highest form of patriotism.”

First elected to the Indiana State House of Representatives on November 5, 2002, Marlin A. Stutzman is a State Senator for Indiana’s District 13.  Click here to contact Senator Stutzman.

The final vote was 44-3; find the tally here (.pdf)

Read the full text of the resolution below:

Whereas, The Tenth Amendment to the Constitution of the United States specifically provides 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”;

Whereas, The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more;

Whereas, Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America’s most valuable contributions to political science;

Whereas, James Madison, “the father of the Constitution,” said, “The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people”;

Whereas, Thomas Jefferson emphasized that the states are not “subordinate” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government”;

Whereas, Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the state governments.” He believed that “this balance between the national and state governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them”;

Whereas, The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states;

Whereas, Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States, and infringe upon Indiana’s reserve powers and the people’s reserved powers;

Whereas, The United States Supreme Court has ruled in New York v. United States , 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

Whereas, A number of proposals from previous administrations and some now being considered by the present administration and from Congress do infringe on the States’ reserve powers and the people’s reserved powers, and may further violate the Constitution of the United States; Therefore,

Be it resolved by the Senate of the General Assembly of the State of Indiana:

SECTION 1: That the State of Indiana hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.

SECTION 2: That this Resolution serve as a Notice and Demand to the federal government to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers.

SECTION 3: That all compulsory federal regulation that directs Indiana and her sister states to comply under threat of civil or criminal penalties or sanctions, or directs states to pass conforming legislation under threat of losing federal funding, be prohibited or repealed.

SECTION 4: That the Secretary of the Senate immediately transmit copies of this Resolution to the Honorable Barack Obama, President of the United States, the Majority Leader of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state’s legislature of the United States of America, and each member of Congress from the State of Indiana.

“A CONCURRENT RESOLUTION urging the honorable Barack Obama, President of the United States, the President of the Senate and the Speaker of the House of Representatives of the United States, in Congress assembled, and the President of the Senate and Speaker of the House of Representatives of each State’s legislature of the United States of America to cease and desist, effective immediately, any and all mandates that are beyond the scope of their constitutionally delegated power.”

Read the Full Text:

Whereas , The Tenth Amendment to the Constitution of the United States specifically provides 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 ”;
Whereas , The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more;
Whereas , Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America ‘s most valuable contributions to political science;
Whereas , James Madison, “the father of the Constitution, ” said, “The powers delegated to the federal

government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people ”;
Whereas , Thomas Jefferson emphasized that the states are not “subordinate ” to the national government, but rather the two are “coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government ”;
Whereas , Alexander Hamilton expressed his hope that “the people will always take care to preserve the constitutional equilibrium between the general and the state governments. ” He believed that “this balance between the national and state governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them ”;
Whereas , The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states;
Whereas , Today, in 2009, the states are demonstrably treated as agents of the federal government;
Whereas , Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States;

New York v.

United States

, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and
Whereas , A number of proposals from previous administrations and some now being considered by the present administration and from Congress may further violate the Constitution of the United States; Therefore,

SECTION 1: That the State of Indiana hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
SECTION 2: That this Resolution serve as a Notice and Demand to the federal g overnment to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers.
SECTION 3: That the Secretary of the Senate immediately transmit copies of this Resolution to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state’s legislature of the United States of America, and each member of Congress from the State of Indiana.