1. The framers of the Constitution combined the best political ideas from the past with what The Federalist called an improved science of politics: federalism, separation of powers, and checks and balances. Doing so, they created a form of government which had, in the words of James Madison, no model on the face of the earth.
Larry P. Arnn, Hillsdale College.
2. Our Founders envisioned the states as laboratories of democracy and enshrined into our Constitution the principle of federalism. Under federalist principles, the American people endowed the national government with a defined set of limited, enumerated powers in the Constitution. Any powers beyond those specifically given to the federal government fall entirely within the province of the states. Federalism protects liberty by protecting against the overreaching of any one branch of our federal government, and is part of the uniquely American system of checks and balances.
Paloma Zepeda, "Reinventing the Right."
3. This is not to say that the two levels of government are adverse to each other, but to remind that the states are neither subservient to the federal government, nor are they agencies of it. Each as a role, and domain where it is in authority. Under the best of circumstances, they should recognize where each is in control.
4. The Fourth, Fifth, and Fourteenth Amendments protect citizens rights to due process and legal representation, and prohibit unreasonable search and seizures. Further, they guarantee uniformity in the execution of law, but the structure of the system allows for each state to determine the substance of its laws. An example: police may find marijuana in a home. If the home is in Texas, statues make possession a crime, and may send the occupant to jail. But if the home is in California, and there is a legitimate prescription, possession becomes perfectly legal.
a. In both cases, the Fourth Amendment requires a search warrant be obtained based on probable cause to justify police entry into the two homes.
b. Amendments are not meant to bind the stares to the whim of the federal government, but rather to set the parameters within which the states administer their laws.
5. The importance of the 9th and 10th amendments needs no restatement, but the common sense basis, might. One danger of a one-size-fits-all federalization is that a law may be successful in one area, but a total failure in another. Local focus allows the efficient allocation of resources. Further, there is the element of accountability of the officials who write and who carry out the policies. And, locals could be expected to recognize and prioritize problem areas far better than distant bureaucrats.
a. The expansionist bureaucratic tendencies of the federal government must be resisted. In the course of exercising legitimate authority, no agency should be allowed to forcibly expand its jurisdiction.
b. While the officials in these agencies are generally good people, they become focused on their particular portfolio of duties, that, often, they cannot see the consequences on other parts of society. Put this together with human nature, and one can see bullying, and misuse of power, especially when these individuals are immune to penalty, and supported by free and extensive legal representation: they have sovereign immunity in their positions.
A remedy would be the ability of citizens to sue the federal government to protect their legitimate interests, for damages. While currently unconstitutional, the Congress can waive sovereign immunity. Such a congressional waiver would not only protect the citizenry, but would go far toward defining the limits of federal authority.
Former Senator James Buckley
6. A major consideration is the degree of efficiency required: federal budgets are largely imaginary, while states and municipalities must operate within clearly defined fiscal limits.
a. The governor's proposed budget must be balanced (43 states and Puerto Rico).
b. The budget the legislature passes must be balanced (39 states and Puerto Rico).
c. The budget must be balanced at the end of a fiscal year or biennium, so that no deficit can be carried forward (37 states and Puerto Rico).
State Balanced Budget Requirements
7. Different laws in different states should be seen as a positive.
a. In Texas, a 10-hour safety course, and a background check, and a resident may carry a concealed pistol at all times. The result has been a reduction of violent crimes in many areas. Texas Concealed Handgun Carriers:Law-abiding Public Benefactors | NCPA
b. In Illinois, such law is voted down annually. The view there, is that fewer handguns increase safety. Illinois Campaign to Prevent Gun Violence
Both reflect the will of the population, and the concept is a critical element of American representative democracy.
The foundational principle of our nation is that ultimate sovereignty lies with the citizenry. The further we stray from this, the less we respct the way America was.
Based on "Reinventing the Right," Bryan Jiral
Larry P. Arnn, Hillsdale College.
2. Our Founders envisioned the states as laboratories of democracy and enshrined into our Constitution the principle of federalism. Under federalist principles, the American people endowed the national government with a defined set of limited, enumerated powers in the Constitution. Any powers beyond those specifically given to the federal government fall entirely within the province of the states. Federalism protects liberty by protecting against the overreaching of any one branch of our federal government, and is part of the uniquely American system of checks and balances.
Paloma Zepeda, "Reinventing the Right."
3. This is not to say that the two levels of government are adverse to each other, but to remind that the states are neither subservient to the federal government, nor are they agencies of it. Each as a role, and domain where it is in authority. Under the best of circumstances, they should recognize where each is in control.
4. The Fourth, Fifth, and Fourteenth Amendments protect citizens rights to due process and legal representation, and prohibit unreasonable search and seizures. Further, they guarantee uniformity in the execution of law, but the structure of the system allows for each state to determine the substance of its laws. An example: police may find marijuana in a home. If the home is in Texas, statues make possession a crime, and may send the occupant to jail. But if the home is in California, and there is a legitimate prescription, possession becomes perfectly legal.
a. In both cases, the Fourth Amendment requires a search warrant be obtained based on probable cause to justify police entry into the two homes.
b. Amendments are not meant to bind the stares to the whim of the federal government, but rather to set the parameters within which the states administer their laws.
5. The importance of the 9th and 10th amendments needs no restatement, but the common sense basis, might. One danger of a one-size-fits-all federalization is that a law may be successful in one area, but a total failure in another. Local focus allows the efficient allocation of resources. Further, there is the element of accountability of the officials who write and who carry out the policies. And, locals could be expected to recognize and prioritize problem areas far better than distant bureaucrats.
a. The expansionist bureaucratic tendencies of the federal government must be resisted. In the course of exercising legitimate authority, no agency should be allowed to forcibly expand its jurisdiction.
b. While the officials in these agencies are generally good people, they become focused on their particular portfolio of duties, that, often, they cannot see the consequences on other parts of society. Put this together with human nature, and one can see bullying, and misuse of power, especially when these individuals are immune to penalty, and supported by free and extensive legal representation: they have sovereign immunity in their positions.
A remedy would be the ability of citizens to sue the federal government to protect their legitimate interests, for damages. While currently unconstitutional, the Congress can waive sovereign immunity. Such a congressional waiver would not only protect the citizenry, but would go far toward defining the limits of federal authority.
Former Senator James Buckley
6. A major consideration is the degree of efficiency required: federal budgets are largely imaginary, while states and municipalities must operate within clearly defined fiscal limits.
a. The governor's proposed budget must be balanced (43 states and Puerto Rico).
b. The budget the legislature passes must be balanced (39 states and Puerto Rico).
c. The budget must be balanced at the end of a fiscal year or biennium, so that no deficit can be carried forward (37 states and Puerto Rico).
State Balanced Budget Requirements
7. Different laws in different states should be seen as a positive.
a. In Texas, a 10-hour safety course, and a background check, and a resident may carry a concealed pistol at all times. The result has been a reduction of violent crimes in many areas. Texas Concealed Handgun Carriers:Law-abiding Public Benefactors | NCPA
b. In Illinois, such law is voted down annually. The view there, is that fewer handguns increase safety. Illinois Campaign to Prevent Gun Violence
Both reflect the will of the population, and the concept is a critical element of American representative democracy.
The foundational principle of our nation is that ultimate sovereignty lies with the citizenry. The further we stray from this, the less we respct the way America was.
Based on "Reinventing the Right," Bryan Jiral
The arguments are not about doing something the US Constitution doesn't grant. The arguments since day one have always been over how broadly to interpret powers.
