"Each State, in ratifying the Constitution, is considered a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a Federal, and not a National constitution." - James Madison, "Federalist 39"
The United States of America was conceived and founded as a federation of sovereign States...not as a single, indivisible nation. A Federal government was established, through the consent of the States, essentially to provide for the common defense, establish a common currency, represent the federation in international affairs, and to moderate disagreements and regulate trade between States. It also established a minimum number of rights to be enjoyed by all citizens of the federation. The Federal government was limited to very few, carefully enumerated powers. It was never meant to be the supreme power of the federation, nor was it meant to be the great provider. I wrote of the Balance of Power designed into our government in a previous post.
There are some very important practical utilities to a federal form of government. The first and most important is decentralization of power. It is a well known adage that "Power corrupts, and absolute power corrupts absolutely." The founders knew this all too well as they struggled for freedom from the corrupt and tyrannical rule of King George of England. They knew, as James Madison said, "The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse." Therefore, they designed the government with checks and balances between branches of the Federal government and between the Federal government and the States. All of this in an attempt to avoid the kind of tyranny they had just rebelled against. If supreme power rests in the Federal government and the States are subordinate, then the checks and balances fail...it is then only the Federal government left to regulate itself.
The founders believed that decisions made which most directly effect our lives should be made in local governments that were closest to us. Thomas Jefferson said, " The way to have a safe government is not to trust it all to one, but to divide it among the many, distributing to every one exactly the function he is competent to [perform best]. Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the State governments with civil rights, laws, police and administration of what concerns the State generally; the counties with local concerns of the counties, and each ward [township] direct the interests within itself. It is by dividing and subdividing these republics, from the great national one down through all of its subordinates, until it ends in the administration of every man's farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best." He further notes, "What has destroyed liberty and the rights of man in every government that has ever existed under the sun? The generalizing and concentrating all cares and powers into one body, no matter whether of the autocrats of Russia or France, or of the aristocrats of a Venetian senate."
Another utility of federalism is mobility. That is the ability of citizens to move from one state where they may not be happy with how things are done, to another state that more suits their lifestyle or beliefs. Federalism allows States, which are diverse in geography, resources and populations, to adopt policies that best meet the needs and desires of their citizens. As Supreme Court Justice Louis D. Brandeis once wrote, "A single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." If a State's citizens are inclined toward socialism, that state can adopt socialist policies like universal health care, welfare and wage controls. A State who wants capitalism can adopt lower taxes, right to work and limited government. And, citizens from other States, in the federation, are free to move to either of these states. Other States can see the successes and failure of these states and adopt or reject their policies as they see fit. If a policy works in one State, it is likely, but not certain, to work in other states...the same goes with failures.
This mobility is in effect today to a certain extent. Citizens of New York state, for example, who are tired of excessive personal income and other taxes, are moving to states like Florida and Nevada where there are no personal income taxes. States with high corporate taxes and excessive regulation are losing industry to other states which provide a more advantageous business environment. This is how it is suppose to work. It is also the same with social issues. If you are against the death penalty...move to New Jersey. If you're for it, move to Texas.
The problem today is that States with failed policies, who are not willing to accept their failures, appeal to the Federal government for relief. They demand that taxes and resources from other states be used to prop up their policies. Or, to avoid a mass exodus, they want the Federal government to enact regulations that would "level the playing field." Failing states are not allowed to fail. As the Federal government amasses more and more power unto itself, there is less and less distinction between the states. And, in reinforcing failure and discouraging success, all citizens of the United States are denied the benefits of federalism.
For decades the Federal government has been incrementally overstepping its constitutional bounds and usurping the powers of the States. In recent years factions of our own government has begun an attempt to cede national sovereignty to international bodies like the U. N. This will take control even further from The People. This trend must be stopped and reversed. State sovereignty must be restored to regain the proper balance of power in the United States. States must be allowed to fail or succeed, with no intervention from the Federal government. If this is the case, then our State representatives and governors will be much more careful in their administration of State affairs. The 17th Amendment to the Constitution should be repealed, making U. S. Senators the true representatives of the States again. The Federal government is far too large, bloated and corrupt to enact any of these changes. They will not willingly give up power. This must come from the grass roots and be done through the States. Some States have already begun to look at nullification legislation for federal laws or policies where the Federal government oversteps their constitutional bounds, but much more must be done. We must begin to elect local and State representatives who will uphold and restore the principles on which this country was founded.
"If the day should ever arrive (which God forbid!) when the people of different parts of our country shall allow their local affairs to be administered by prefects sent from Washington, and when self government of the states shall have been so far lost as that of the departments of France, or even so closely limited as that of counties of England -- on that day the political career of the American people will have been robbed of its most interesting and valuable features, and the usefulness of this nation will be lamentably impaired." - Historian John Fiske,from "The Historical Writings of John Fiske" vol. 12. 1916.
