Federalism and the Tenth Amendment are important constructs that are an important component of Convention of States Action. The tenth amendment is the guarantee 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”.
Limiting The Federal Powers
Our Founding Fathers intended for the federal government to have limited powers, as enumerated in the Constitution. Federalism is a form of government that has a central (federal) government with delegated duties and regional (state) governments with powers not expressly ascribed to the national government.
The sheer size of the United States makes it imperative to limit the power of the federal government for several reasons. Number one is that it is not possible for a central government to effectively assess the needs of each individual state’s population. A one-size-fits-all all approach to govern all 50 states will fail. Residents of neighborhoods with homeowners’ associations understand that conflict can arise when rules become too restrictive.
Represenation
The number two reason for a smaller centralized government is that it’s much easier for citizens to communicate with their local and state representatives. Representatives in DC have staff to communicate with the public but that provides a barrier for direct interaction. Have you ever tried to get in touch with a member of Congress?
Why This Amendment Shouldn't Be Ignored
Number three is a grave situation and one in which we find the country today: since it’s relatively remote, the DC establishment has been engaging in practices that do not help its’ constituency, to say the least. In a situation without oversight or control, Thomas Jefferson warned that it “will invite public agents to corruption, plunder and waste”. We see examples of this on a daily basis.
The Tenth Amendment, in legalese, is a “rule of construction” which means it guides the interpretation of the Constitution. It emphasizes that the federal government has limited authority and that all matters beyond its purview should be left to the states. How has that worked out? If we look back at the recent past, we see an acceleration in the overlap of federal and state power in part due to judicial decisions. Supreme Court decisions have been included in the Constitution Annotated which is regularly updated. Convention of States seeks to retain states’ power which has been slowly eroded.
Most Americans have never read the Constitution of the United States or the Bill of Rights although they are an integral component of our daily lives. Obviously, their importance cannot be understated since both grant us the freedoms that we have become accustomed to and in most cases, take for granted.
We find ourselves at a crossroads in 2024, with vastly different presidential candidates, one of which does not seek to uphold the Constitution. All state and local elections, especially gubernatorial races, are also critical and voter participation needs to increase. It is vital for the Republic that we make the right choices in this year’s election, and essential that we convene a Convention of States to retain the power meant for the states and the people.
Tell your local representative today to pass HJR 235.
Cynthia Clark
State Communications Team
