Restoring Federalism and our Republic


I was going to write another Federalism article today but in researching the topic I found this great article by Congressman Rob Bishop (R-UT) that I would recommend instead. The Congressman is the founder of the Congressional 10th Amendment task force.

In the article Congressman Bishop mentions an issue, among a host of others, that I myself have considered at length to be the biggest obstacle to restoring federalism; the intoxication of power. Even conservatives who claim fealty to the Constitution and a desire to downsize government want to cling to their power rather than actually return much of it to the states.

He says:

“Our battle cry will be the commitment to ‘lose power’. We will return home for re-election proud to have made a step in re-establishing the Constitutional “vertical” separation of powers concept. We will return proud of voluntarily relinquishing federal control. We will return proudly having lost power in Congress. We will also have struck a blow in defense of individual liberty.”

Much to my chagrin, this battle cry did not rouse the troops. republicans in Washington, so long out of power, were not in the mood to lose the power that had so recently gained.

Congressman Bishop “gets it”.



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36 Comments Leave a comment

Prior to the 2010 elections

Scope (Diary) Thursday, December 22nd at 10:47AM EST (link)

didn’t the House Leadership propose in their new updated contract that they would be required to cite the area in the Constitution that allowed them to write and pass any legislation? Has that in fact happened, or is it yet another shallow promise they never intended to uphold?

It’s amazing how quickly the newbies, pushed and voted for because of their lower taxes, less government positions, seemed to have drunk form the goblet of Washington power, and have folded to the aisle crossing wishes of Boehner and Cantor, just so they are not called obstructionists.

Indeed they did

DerKrieger (Diary) Thursday, December 22nd at 10:59AM EST (link)

…and rep. Shadegg (R-AZ) has been trying to get the Enumerated Powers Act passed for years without success.

“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison

Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690

 
 

I predict, DerKrieger, that the blatant federal power grabs

westcoastpatriette (Diary) Thursday, December 22nd at 11:54AM EST (link)

and the reckless trampling all over States’ rights will lead to such a repugnant reaction from the people that the concept of state nullification will become wildly popular and recognized as the only just recourse to repel the bully our federal government has become.

Waiting around for the courts to protect us simply is not the answer as we continue to lose ground–too many times with the courts consent.

 

I'm not so sure that he "gets it"

Bill S (Diary) Thursday, December 22nd at 3:29PM EST (link)

The only way he would “get it” is if he went on a full-speed campaign against federal judicial intervention in state affairs. This is the number one reason federalism will likely never again be a workable philosophy. The citizens and politicians in this nation have permitted the courts to usurp states’ rights and eliminate the ability for state governments to set their own policies and laws where the U.S. Constitution does not explicitly apply.

This is where Newt Gingrich is dead on target – it’s time to dramatically roll back the powers of the judicial branch and reign them in to a constitutionally appropriate level. Until that happens, federalism is just a pretty word with absolutely no meaning or applicability.

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

Bill S, yes, Governor Perry "gits" it.

retire05 Thursday, December 22nd at 3:58PM EST (link)

It is not just the federal judiciary that intervenes in state affairs, the federal government, through its agencies, do as much, if not more, damage to erode the rights of states guaranteed them by the 10th Amendment.

Sure, you know about Arizona’s battle with the DoJ, but do you even have a clue about how many times Texas has taken on the federal government? Remember the famous Ten Commandment cases? Texas won, while the other state lost. The EPA? Being sued by Texas. Our redistricting lines, required by the federal government? We are being sued over them because the Democrat, Eric Holder, claims they are not fair to minorities (although the DoJ did not make that argument, they just want to make sure that minorities are over represented in Texas Congressional boundaries).

Perry, through our Texas State Attorney General, Greg Abbot, has taken on the feds so often I am surprised Abbott doesn’t have a D.C. office.

But while judiciary activism is a problem, it is no greater than the over reach of unelected agency heads themselves.

Newt Gingrich is one smart cookie. And he would make a great professor at some tony university teaching American history. He is an idea machine but like the guy who goes target practicing, sometimes he misses the target.

As I have said here before, I have met Newt and found him to be personable. And the slams against his wife, Callista, are unfounded as when I met her at a book signing, she was one of the nicest public figures I have ever met. It was in Gettysburg, and she was just standing there with a couple of Newt’s security. I walked up to her, spoke, and she proceeded to talk to me for almost a 1/2 hour as we talked American history. Pleasant, personable, and polite are the adjectives I would put on her.

I have no problem with Newt’s personal foibles, it is not up to me to forgive him for them. But he tends to wander off the farm at times, seemingly not knowing where he is going. His recent statements on the judiciary were out of line, as the judiciary is a co-equal branch of government, and it is Congress, not the President, who has the ability to legislate laws that would basically make SCOTUS rulings moot.

So to make a long story short, yes, Perry gits it. And he understands that the rulings of the court are just one faction of the problems this nation has with the usurpting of the 10th Amendment. He also can relate to those Iowa farmers who have to deal with the government periodically, but Mother Nature daily.

retire05

You do realize this diary has nothing to do with Perry, right?

Bill S (Diary) Thursday, December 22nd at 4:11PM EST (link)

The author was referring to Rep. Rob Bishop from Utah. Frankly, I don’t need a lecture about Rick Perry. I already support the guy.

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

 
 

You nailed it Bill

DerKrieger (Diary) Thursday, December 22nd at 5:27PM EST (link)

The citizens and politicians in this nation have permitted the courts to usurp states’ rights and eliminate the ability for state governments to set their own policies and laws where the U.S. Constitution does not explicitly apply.

That is why I have stressed the importance of electing state legislators and governors with the courage and fortitude required to seize back their usurped power and to defy unconstitutional legislation and judicial rulings from the federal government.

And I agree with you about Newt’s assessment of the courts. They have become legislators rather than jurists.

I believe that if enough people can be made to understand federalism. they will recognize it as the means to reduce the size, scope, reach, and power of the federal government, because the Congress sure won’t do it themselves no matter how many Tea Party conservatives we send up there.

“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison

Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690

Here's an example where citizens are fighting back locally

ColdWarrior (Diary) Thursday, December 22nd at 11:14PM EST (link)

http://www.theblaze.com/stories/minnesota-land-right-fight-commissioner-calls-constitution-old-document/

We conservatives need to organize and unite politically.

You know the rest.

Thank you.

ColdWarrior

In 2012, will YOU become a “voting member” of the Republican Party in your precinct?

Where it all started. Twitter @kaltkrieger
Learn how to GOTV at The Concord Project and at Procinct and Unified Patriots.

 
 
 

DerKreiger, you said:

retire05 Thursday, December 22nd at 5:40PM EST (link)

“That’s why I have stressed the importance of electing state legislators and governors with the courage and fortitude required to seize back their usurped power and to defy the unconstitutional legislation and judicial rulings from the federal government.”

Look no further, you have found your heart’s desire. His name is Rick Perry, and with the increased number of CONSERVATIVE Republicans elected to the Texas legislature with the help of a CONSERVATIVE governor in Rick Perry, he, and our legislature, along with a brilliant state Attorney General, have taken on the federal government more than any other state in the nation.

Of course, there has been blowback from the Obama administration. When we decided that no state/federal funds could go to those agencies that performed abortions, we got sued. When we decided that we wanted to keep the Ten Commandments on our Capital lawn, we got sued. When we felt that we, as a state, could best determine our drilling interests we got sued. When we, according to Texas law, had our legislators draw the new district lines to represent the increase in our population, we got sued.

One man, Rick Perry, has consistantly stood up against the D.C. leviathan. And if you can show me another governor who has such a record, name them.

retire05

I REPEAT...

Bill S (Diary) Thursday, December 22nd at 5:41PM EST (link)

This diary has nothing to do with Perry. Stop threadjacking. If you want to write about Perry, do it in a diary about Perry. Or write your own.

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

Bill S, although

retire05 Thursday, December 22nd at 6:47PM EST (link)

you seem to think you possess the authority to dictate to others, and don’t need a lecture on He Whose Name May Not Be Mentioned On This Thread According To Bill S, perhaps a lecture on civility, and the First Amendment, would benefit you greatly.

retire05

I wonder why his name is in red. nt

gekster (Diary) Thursday, December 22nd at 6:50PM EST (link)

They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.

We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway

Ok folks, 2012 is here. Get involved

Hey gekster, I've got extra popcorn, want some?

acat (Diary) Thursday, December 22nd at 6:51PM EST (link)

Cheshire grin

——
self-portrait

Caveat Suffragator

sure.

gekster (Diary) Thursday, December 22nd at 6:54PM EST (link)

extra butter and garlic salt, please.

They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.

We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway

Ok folks, 2012 is here. Get involved

gekster--I finally found a popcorn soulmate!

westcoastpatriette (Diary) Thursday, December 22nd at 7:10PM EST (link)

I love garlic salt on my popcorn, too! And of course, butter is a given. Never met anyone else who does. Welcome to the brotherhood (or should I say sister/brotherhood).

that's great!

gekster (Diary) Thursday, December 22nd at 7:13PM EST (link)

I thought I was the only one. :)

They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.

We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway

Ok folks, 2012 is here. Get involved

(passes popcorn to gekster and westcoast')

acat (Diary) Thursday, December 22nd at 7:29PM EST (link)

I use coconut oil and a wok, I find it just tastes better than that microwave stuff, and the smaller heated surface of the wok burns fewer kernels. Your mileage may vary, of course!

Garlic salt is on the counter, melted butter’s by the microwave. Make yourselves at home.

Mew

——
self-portrait

Caveat Suffragator

coconut oil is good.

gekster (Diary) Thursday, December 22nd at 7:38PM EST (link)

I’ll have to give the wok thing a try.
Never thought of that.

They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.

We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway

Ok folks, 2012 is here. Get involved

Politicians and popcorn are both better when held to the fire.

acat (Diary) Thursday, December 22nd at 7:45PM EST (link)

Also, in both cases, it’s critical to keep agitating!

The reason the wok works is the smaller surface area, but ya gotta keep it moving around so the popped kernels move up and away from the oil.

Mew

——
self-portrait

Caveat Suffragator

 
 

Does your wok have a lid, kitty?

westcoastpatriette (Diary) Thursday, December 22nd at 7:46PM EST (link)

Never seen a wok with a lid. If not, how do you prevent the popcorn from flying all over the kitchen?

Yes, westcoast', my wok has a lid.

acat (Diary) Thursday, December 22nd at 7:53PM EST (link)

I haven’t seen another one with a lid, so am keeping this one!

Mew

——
self-portrait

Caveat Suffragator

 
 
 
 
 
 
 

I thought it was because we owed him money?

Tbone (Diary) Thursday, December 22nd at 7:43PM EST (link)

Not right?

Envisioning when all that is Left is the Right.

 
 

Perhaps you should listen.

Bill S (Diary) Thursday, December 22nd at 7:03PM EST (link)

Or perhaps you won’t be posting here any more. Threadjacking is against the rules. You can follow them or you can leave. And I can help with that.

Your choice.

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

Bill S, if you want me to listen, first give me a

retire05 Thursday, December 22nd at 7:21PM EST (link)

head’s up to turn the volumn on on my computer.

Are you now threatening me with banishment? Why? Because I mentioned He Who Shall Not Be Mentioned On This Thread According to Bill S? Forgive me if I was unaware that you are the owner of this blog and have the power of banishment. Please, also, give me the printed date that mandates what consitutes “tread jacking.”

But I shall not respond to you again. Feel free to try to intimidate someone else, if you so desire. I shall simply read your link to the ROE.

retire05

works for me

streiff (Diary) Thursday, December 22nd at 7:49PM EST (link)

I’ve long campaigned to have RedState declared a douchebag-free zone.

“What keeps me here is the reek of beer, the ladies and the craic”

You know, I try to give them a chance.

Bill S (Diary) Thursday, December 22nd at 9:00PM EST (link)

Some people are just destined to commit hari-kari here.

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

 
 
 
 
 
 

As much as I might like Governor Perry

DerKrieger (Diary) Thursday, December 22nd at 6:26PM EST (link)

Congressional 10th Amendment task force

“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison

Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690

Oops

DerKrieger (Diary) Thursday, December 22nd at 6:27PM EST (link)

Link is correct but I posted the wrong text.

…TX is as guilty as any other state when it comes to taking federal funds.

“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison

Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690

DerKrieger, are you using acceptable progressive jargon

retire05 Thursday, December 22nd at 7:13PM EST (link)

by using the term “federal” funds, because (and you can correct me if I am wrong) the actual term is “taxpayer” funds.

The federal goverment has little in the way of actual revenue production (oil leases, etc) and functions almost exclusively from taxpayer funds. So, if Texas, a donor state gets some of that money back, do you begrudge us that money?

Would it not be better to not tax the citizens in the first place, allowing them to keep more of their earnings, than to have to send it to D.C., only to be diluted by bureaucrats?

I am not a supporter of earmarks or pork or whatever label you care to use for the system to forced theft via the IRS only to have bureaucrats determine where it is best to spend that money. I am a fully supportive 10th Amendment proponent who thinks that the citizens, not the bureaucrats know best how to spend their earnings.

I only mention He Who Shall Not Be Mentioned According to Bill S because he is also a strong proponent of the 10th Amendment and the only one running in this GOP primary that talks about it.

retire05

 

When the federal government "mandates" what a state must do

Scope (Diary) Thursday, December 22nd at 7:25PM EST (link)

shouldn’t the federal government pay for those mandates? If I am not mistaken, Perry refused the money for extended unemployment benefits, because when someone in Washington gets serious about the 99 week extended benefit payments, they will realize that the states are left holding the bag for those additional funds, no? When the federal government “mandates” who qualifies for medicaid, and the income qualification keeps getting higher and higher, should the states be left holding the bag for those payments? When the federal government will not secure the border, and now they are even cutting down on that skeleton crew, should states have to pay, out of their states taxpayer dollar budget’s to secure the border? When No Child Left Behind, or more recently Obama’s Race to the Top federal education programs dictate what schools will or will not do, should a state be responsible for implementing something that the federal government has “mandated”?

To say that Perry has taken federal monies is a shabby excuse for fighting for federalism. Perry has the best Federalist positions, but has been more than just a little constrained by the federal government. Because Texas has been a model for the nation, Texas is on the bottom of the list of federal subsidies, natural disaster help, or border security help. Is it not the first responsibility of the President, and the federal government to secure our nation’s borders? If Perry refused every federal dollar, Texas would not be enjoying the current economic successes it has. The Texas citizens would be overburdened with very high taxes to pay for what the feds have told them they must do, and in many cases are unwilling to pay for.

ps- Is Perry fighting for more Federalism?

Scope (Diary) Thursday, December 22nd at 7:32PM EST (link)

I would be interested in knowing DerKreiger what you think Perry should have done in his state to promote more federalism, when it is almost a forgotten term in political circles. What should he have done rather than taking the federal monies? I am not trying to be argumentative, I just would like to know what your solutions would have been to Texas taking federal money.

I'd imagine fighting the various alphabet-agencies (including but not limited to EPA and ICE) in court..

acat (Diary) Thursday, December 22nd at 7:41PM EST (link)

would qualify…

Let us remember that it took a century, give or take, for big-government to get to this point, it’s not going to all go away in a single election. That doesn’t mean, though, that we shouldn’t continue rolling it back.

Mew

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self-portrait

Caveat Suffragator

 

American Recovery and Reinvestment Act funds transferred to Texas

jimmyg Thursday, December 22nd at 7:49PM EST (link)

http://www.window.state.tx.us/recovery/transparency/map/index.php

Just over 29 Billion. Texas was number 3 among the 50 states in the amount of Stimulus funds received from the federal govt, behind only California and New York.

http://www.recovery.gov/Transparency/RecipientReportedData/Pages/Landing.aspx

 

My reply wound up below

DerKrieger (Diary) Thursday, December 22nd at 8:01PM EST (link)

“The problem is definitely…”

“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison

Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690

 
 
 
 
 
 

The problem is definitley

DerKrieger (Diary) Thursday, December 22nd at 8:00PM EST (link)

..one of Gordian Knot proportion.

You are correct in that much of the problem is in federal mandates. If the federal government mandates something (Medicaid for example) then they ought to help pay for it.

I wouldn’t consider this a case of the state using federal tax dollars to pay for state needs though. That is something altogether different. Like CA using federal funds to pay teacher salaries.

I would have to dig into it a little deeper but I believe most federal mandates have an opt out provision. That is, the state doesn’t have to participate but if they don’t, they forfeit federal funds, and most importantly the state’s taxpayers still have to pay for the program via federal taxation.

So if Texas for example wanted to opt out of Medicaid and manage a program on its own, Texas taxpayers wouldn’t get a break on their federal taxes. So this is often seen as a case of the state getting “its” money back.

Extricating a state from this situation I think requires a two pronged approach. Implement something like the Federal Funds Act (in my newest post) and at the same time opt out of federal mandates.

The FFA would prevent the tax dollars from going to the federal government and would instead allow them to be kept in the state for the state to implement their own replacement programs if they so chose.

In a right-side-up world we would pay more in state taxes and less in federal taxes and then the states wouldn’t have to depend on DC sending money back to the states. It would have never left in the first place.

At the moment states are limited in how high they can raise their income or sales taxes to be more self-supporting because they’ve been crowded out by the confiscatory level of federal taxation.

Although I think I pay too much in taxes I’d prefer to pay more to my home state and less to the federal government.

Any transition back to federalism will be long and painful but I think it is the only way to get the federal government back under control.

“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison

Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690

So, the main question should be

Scope (Diary) Thursday, December 22nd at 8:49PM EST (link)

as to federalism, who is the best candidate that recognizes that states should be the incubators of the country’s pulse, at least with respect to the fact that some states are going to hell in a hand basket, and some have found their way around the federal monster. Whi is it that you have trust in that will make Washington as inconsequential as can be? That’s should be the biggest thing on voters minds, particularly those that want smaller and less government. The fact that some governors were all but forced to take federal monies, just to keep them attached to the federal teat, should not even be a consideration. Didn’t Palin try to turn back some federal monies, only to be overruled by the Democrats in AK?