by Dave Nalle
You may not have heard much about it, but thereâ€™s a quiet movement afoot to reassert state sovereignty and stop the uncontrolled expansion of federal government power. Almost half of the state legislatures are considering or have representatives preparing to introduce resolutions which reassert the principles of the 9th and 10th Amendments to the Constitution and the idea that federal power is strictly limited to specific areas detailed in the Constitution and that all other governmental authority rests with the states.
In the version of this bill being considered in Washington state, they appeal to the authority of James Madison in The Federalist who wrote:
â€œâ€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.â€
The founding fathers believed in a balance between state and federal power. This state sovereignty movement clearly arises from the belief that the balance of power has tilted too far and for too long in the direction of the federal government and that itâ€™s time to restore that lose balance.
The emergence of this movement is a hopeful sign of the people asserting their rights and the rights of the states and finally crying â€œenoughâ€ to runaway government. With the threat of increasingly out of control federal spending, some of these sovereignty bills may stand a fair chance of passage in the coming year.
Thereâ€™s a lot of excitement about these bills, but there are also a lot of misconceptions, with people claiming that some states have already declared sovereignty and that the movement is much farther along than it really is. Contrary to popular rumor, none of the states has actually enacted a sovereignty law yet. Some have come close. Oklahomaâ€™s bill passed their lower house overwhelmingly but stalled in the Senate last fall and is being held over for consideration in the new year.
Contrary to the fantasies of some extremists, these sovereignty bills are not the first step towards secession or splitting up the union, nor are they an effort to block collection of the income tax, appealing though that might be. For the most part, they are not so much political statements of independence as they are expressions of fiscal authority directed specifically at the growing cost of unfunded mandates being placed upon the states by the federal government. Despite the movement picking up steam as he came to office, the target of these bills is not President Obama, but rather the Democrat-dominated Congress whose plans for massive bailouts and expanded social programs are likely to come at an enormous cost to the states.
It has become increasingly common for Congress to pass legislation which dictates policy to the states, but which comes without adequate federal funding and the expectation that the cost of these programs, which the states had no real say in approving, will come out of state budgets. This has been a long-term problem with Medicaid and Medicare, but the unfunded mandate which stirred up the most ire recently was the No Child Left Behind program. More concern has been raised with the recent reauthorization and expansion of the SCHIP program which has a history of requiring more ex