Return to Federalism

A relatively under reported phenomenon is afoot in the country. It is interwoven in the political philosophy of the tea party movement. There is an awareness of it evidenced in most of the country except Washington, D.C. The concept isn't new - in fact it was the mortar used in constructing the constitution. This concept is republicanism. It has been encroached on little by little over the years. The Progressive movement, starting at the turn of the last century, has worked hard to negate its legitimacy in our country's form of government. To do so would shred the constitution and berate our nation's history and tradition. "We pledge allegiance to the flag of the United States of America and to the Republic for which it stands." The Republic- that association of sovereign states, has been overpowered by an ever growing central government.

There is no doubt in studying the development of the Constitution that a group of states realizing the limitations of trying to deal with each other as well as foreign nations, were willing to give up some of their sovereign rights to form a nation - a union of individual states. There is absolutely no doubt that they were doing so in a limited way ceding only specified rights which they felt necessary for successful union, but retaining all others to the states themselves. Article I, Sec 8 of the Constitution enumerates 18 powers given to the national government. The first ten amendments , a "bill of rights" was a condition of ratification by several states. Amendment X 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." It seems obvious that the States continue to be legitimate entities, that they have ceded only limited powers to the federal government, and that unless voluntarily relinquished through valid legislation or the amendment process, are to be maintained by the States.

The harsh, progressive agenda of the Obama regime may have awakened a much needed giant in this country - Federalism. I would use the term "states rights" except that the term was co-opted in the sixties in relation to integration and the race issue. Too, federalism is intrinsic to the founding of the country. As noted above the uniting of states to form this great country had no contemplation of capitulating all their rights and treasure to a central government. After the last election nearly sixty percent of the states have a Republican governor. Some twenty-one state houses saw one or both chambers swing to Republican. Two issues, "Obamacare" and the overreaching and tyrannical regulations being promulgated by Federal Agencies such as the EPA, FDA, FCC and HHS designed to circumvent the will of the people and their elected representatives, have sparked many states to start fighting back using the judicial system. On Obamacare twenty-six states united in suing against the individual mandate in a Florida court. Two other states, Virginia and Missouri have filed separate suits. States such as Texas have challenged the EPA's intervening in the issue of pollution permits. Some legislatures have passed or are contemplating passing legislation which reinforces the right of the states in certain issues to take precedence in areas either constitutionally or traditionally left to their jurisdiction.

It is important to the country that in this process the courts address the limitations of the federal government and their seemingly unlimited usurping of authority normally left to the states.
This may be the last great hope for return to limited constitutional government.