The USA: A Unique Ongoing Experiment
This quotation is attributed to Thomas Jefferson. No stranger to the opening arguments regarding states/individual rights versus central government power, Jefferson argued firmly in favor of the former. The debate over distribution of power is still with us today and makes the USA a uniquely experimental country. What other country in history has had a two-centuries long running argument attempting to define who is the boss?
The Pendulum Swings to the Left
It is obvious to all but the willfully blind that the federal government has appropriated vast powers since the start of the twentieth century. The means by which this was accomplished are various but a perennial favorite has been by judicial intercession. One of the most egregious examples was the Chevron v. Natural Resources Defense Council decision that opened the gates to courts deferring to executive agencies on matters of legislative interpretation. Think EPA, IRS, DHS, OSHA, etc. Thomas Jefferson would be unhappy with the current situation to put it mildly.
The Pendulum Begins the Swing Right
Overconfidence in WW2 Operation Market Garden led to British General Browning’s comment: “But I think we might be going a bridge too far”. The federal government’s voracious appetite seems to be showing signs of going a bridge(s) too far if recent Supreme Court activity are any indication.
The justices agreed in May to hear a challenge to the Chevron decision. Also in May SCOTUS, in a 9-0 decision, ruled that the EPA had overstepped its legislated authority as applied to the Clean Water Act. This is in line with their earlier West Virginia v. EPA decision limiting executive agency rule making. The government’s biggest weakness is its insistence on forcing bad policy on an unreceptive citizenry. It appears the highest court in the land is finally willing to take on the administrative state using separation of powers as their guiding star.
Ongoing Experiment Results
Our national anthem opens with a question “O say can you see…”? The national discourse is heated and divisive but we are still a nation of laws. Many of those laws need scrutiny. Were they dictated by non-legislative bodies? Are they in violation of our Constitution?
Was our experiment a success or a failure? The jury will always be out regarding the experiment called The United States of America because our arguments will always be ongoing. Always remember that the last line in the national anthem closes with a question “O say does that Star Spangled Banner yet wave o’er the land of the free and the home of the brave”?
COSA encourages ALL US citizens to open their eyes, see what's going on, and ask questions. Regardless of political or cultural alignments, please forge relationships with your town, city, county, and state representatives. Let these local officials know how you wish to be governed, in spite of the Feds ignoring our voices.
