I consider the foundation of the Constitution as laid on this ground that ‘all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.’ To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, not longer susceptible of any definition. – Thomas Jefferson’s Opinion on the Constitutionality of a National Bank, 1791
Our federal government has taken quite a few steps beyond their 17 enumerated powers. DC and its myriad of agencies is focused on areas where it has no authority and is neglecting the few responsibilities given to it. The results are predictable. We are subjected to one bad policy after another.
The federal government only has the constitutional authority to lay taxes and spend money in those 17 areas specifically delegated to it. Every other facet of public policy is left to the states. The federal government’s authority is “limited and defined.” The authority of each state and We The People is “various and indefinite.” The reason we have a national debt in excess of $33 trillion is due to the federal government and specifically Congress, acting outside of its constitutional authority.
The Framers were intentional in the formation of our government. They were students of history and cognizant of how centralized governments grew to violate their citizens’ liberty. In Jefferson’s quote above, he makes it clear if the federal government were to act outside the bounds of the 10th Amendment just once, the precedent would be set to violate it regularly. There is no argument. Jefferson was correct.
James Madison discusses the principles of federalism in Federalist 45. He echoes the point made in the Declaration of Independence that the role of the federal government is to secure the blessings of liberty and provide for the safety of its citizens from external threats. Madison argues this was the purpose of the American Revolution. If not, what was the point of sacrificing the many lives, resources and effort in going to war with the British?
Also discussed is the relationship between the federal, state and local government. Madison supposes the size of state and local governments would exceed that of the federal government. That supposition may still be technically true with the number of state and local government employees currently around 20 million and federal employees a little north of 2 million. Yet, when looking at the influence of federal rules and regulations on state and local governments, the proportionality diminishes.
The 10th Amendment states, “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.” This is a statement of the principle of federalism. It is interesting that The Framers did not include an enforcement mechanism or tool to ensure the federal government did not violate this instruction. Why is that?
Well, they actually included two methods of enforcement in the text of the Constitution. The first was that Senators would be selected by their state’s legislatures. Senators were to be the voice of the States in the federal government. The 17th Amendment, ratified in 1913, eliminated this representation.
The convention of states process is the second protection. It gives states the power to prevent the tyranny of the federal government. In fact, it is a more robust defense of the states’ authority because it requires the cooperation of at least two-thirds of the states to trigger an Article V meeting. This is a tremendous flexing of political muscle by the states. It will send an unmistakable signal to the federal government that the states are focused on reclaiming their constitutional authority.
Convention of States Action is actively working to build our grassroots in all 50 states. We have volunteers in every state legislative district in the country. That is over 5,500 districts. We are the only non-partisan political organization to attain this in our nation’s history. An active and knowledgeable grassroots team is the key to implementing the principles of federalism.
Missouri passed our convention of states resolution in 2017 and again in 2021 (to remove a 5-year sunset clause). Our work is never ending. Next year is an election year. There will be approximately 60 new legislators sworn in in January, 2025. These are new relationships we have to develop. These are educational and partnership opportunities each of us have as self-governing citizens. This not only leads to better public policy but also protects against anti-constitution groups from pursuing rescission efforts.
We need you to help make this happen. Our country stands at a critical juncture. Will we continue down the path toward a tyrannical federal government? Or, will we as self-governing citizens answer the call of The Framers and advance the cause of liberty? Only you and I can answer that question. I know what my answer is. What is yours?
In liberty,
Brett
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