THE HEALING POWER OF FEDERALISM
2 PARAGRAPHS 4 LIBERTY: 483
To state the obvious, today our Great Nation is in many ways divided and even polarized. How can we address and overcome this difficulty? Through the healing power of Federalism.* And what is that? It institutes two levels of government: one for the entire country (the federal government) that is usually responsible for a few subjects of national interest, and the other for the various constituent units of the country (the states). And what are the guidelines as to which subjects should be reserved for which of those two levels? That question is answered by Article I, Section 8 of our Constitution, which was brilliantly authored at our nation’s Constitutional Convention of 1787. This specifies that the federal government may address such things as providing for our common defense, regulating commerce with foreign nations and among the several states, establishing uniform rules for naturalization, establishing a federal court system to adjudicate federal laws, and several more. But, importantly enough, the Tenth Amendment provides that all powers not specifically delegated by the Constitution to the federal government are reserved for the states! Unfortunately we have gotten away from those dictates.
But what does this have to do with reversing the divide in our nation? The answer is that Federalism would bring much more local control back into our lives, which would reduce national friction. Then we could all see what works best in particular areas, because if one state tried an approach that did not work well, the people in that state would be more able to look around at what other states are doing and lean more toward what has been shown to work. For example, other than the general statement that the federal government may “promote the general welfare,” there is nothing in our Constitution that empowers the federal government to be involved in education! And the same is true for healthcare! Let the states address those areas on the local level, just like the Constitution provides. And that will reduce general frustration and polarization because local people will have more power. To take this one step further, if some people don’t like the approach that their state is taking in some areas, like abortion for example, if it is that important to them they are free to move to a state that has approaches more to their liking. But it is up to us to stand firm and demand that our elected representatives bring us back to the Constitution, because, as President Lincoln warned us, “A house divided against itself cannot stand.”
Two weeks ago we got a new puppy, and we named him Boomer. So now I tell people that we have a Baby Boomer in our household . . .
Judge Jim Gray (Ret.) Superior Court of Orange County, California 2012 Libertarian Candidate for Vice President