Maybe Federalism Has A Chance After All

I’m telling ya, the Tenth Amendment is the key (followed closely by the repeal of the Seventeenth and the Current Tax Payment Act of 1943).

Steven Hayward writes:

I’ve been meaning to bring up the following New York Times graphic since it was published last month, as it shows that Republicans are at their highest level of control of state governments in 60 years.  Not bad for a party supposedly in deep trouble and on death’s door.  (Notice, by the way, that Republicans controlled exactly zero states after the 1976 election.)


So while all eyes are on Washington and the fiscal cliff, outside of Washington a determined counterattack against liberalism is under way, and looks to have some good chances of success.  First, several states have announced they are going to refuse to set up Obamacare insurance exchanges, heeding Michael Greve’s always well thought out advice that states actively assert their constitutional prerogatives to “interpose” themselves between Washington and the people:

[S]tate interposition—meaning a refusal to cooperate in Medicaid or exchanges—may yet produce an Obamacare crash-and-burn within the President’s term in office. Moreover, and more importantly , it may produce a collapse on constitutional terms, provided someone can articulate them. . .

The Madisonian precept gains special force and constitutional dignity in the context of federal programs that require, or rather imperiously demand, the states’ active cooperation. A state failure to do the feds’ bidding is not an ugly outbreak of neo-Calhounism. The power to interpose comes from a form of government that the Constitution permits but, unmistakably, treats as deeply suspect: a government over governments. States have been complicit in that scheme for far too long. Saying “no” to a further extension—for partisan reasons, fiscal reasons, or no reason at all—is an implicit embrace of a constitutional proposition: the feds have their sphere, and we (the states) have ours. If the feds insist on their scheme, let them do so with their money andtheir officers: they have the power. If they want to work through us, we interpose. The Constitution contemplates it; allows it; and very nearly demands it.

But the really big news came out of Michigan this week, with the state legislature’s vote to make Michigan a right-to-work state.  No one saw this coming, which is one reason why it succeeded.  It is a dagger at the heart of union power.  First Wisconsin, and now Michigan.  Notice, also, how Democratic legislators walked out of the capitol in Michigan.  That’s the face of liberalism today: rather than abide by a democratic election result, walk out and try to prevent the legislature from functioning.  And then holler about “secession” talk from conservatives.  Heh.

Heh, indeed.

12 thoughts on “Maybe Federalism Has A Chance After All

  1. Ha! You must be reading my mind. I was about to search this site for issues dealing with federalism and the Federalist papers (my son has a history project on the Constitution) when lo and behold, here’s another great article I can tap.

    It shall be very interesting to see where FL goes with state interposition…..

    • For what it’s worth Florida currently has the 3rd Highest count on the WH Seccession petitions, after Texas and Lousianna.

      Look at the Anti-Federalist papers too….this is the side of the argument that got the Bill of Rights written and included. Those signed as Brutus, An Old Whig, Cato, A newport Man, Republicus, The Federal Framer, Cincinatus, Vox Populi and such.

      Also look at the Preample to the Bill of Rights….most don’t know there was one but there was…..and it clearly states the purpose of writing and including them in the Constitutional decisions….to Restrict the government and prevent any misunderstandings of our rights.

      The 1st Paragraph of Federalist #1 by Hamilton is a beautiful expression for the motivations of the Constitutional Convention…which started as a meeting to figure why the Articles of Confederation weren’t working……see M Levin’s recent “Ameritopia” and “Liberty and Tyranny” in parts.

      I’ll put of the B of R preamble…..most don’t know it and it’s imp’t….

      “Congress of the United States
      begun and held at the city of New York , on Wed fourth of March, 1789

      The Convention of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent MISCONSTRUCTION OR ABUSE OF ITS POWERS, that further declaratory and RESTRICTIVE CLAUSES should be added: And as extending the ground of PUBLIC CONFIDENCE IN THE GOVERNMENT, will BEST INSURE the beneficent ends of its institution.”

      The capitalizations are mine, and any mis-spellings are a function of the dislexia and distraction caused by viewing the wonderful ladies in your show… ;- )).

    • Kells,

      Just be sure to address the concerns of the Anti-Federalists. History has shown they were correct on nearly every count, and that the Federalists dismissal of those concerns was foolish.

  2. Can’t help but notice that although Obama won another term the progs in CA are spitting mad. I’ve certainly been exposed to bad losers, but bad winners? Maybe the control republicans have in the states is making them mad? No, that can’t be it, in CA, there are few Repubs in office. Hmmmm, what could it be? Maybe it’s because even with Prop.30 passing CA is broke. Yup, that’s the word from Sacramento! Here’s the problem, you can’t get folks to pay taxes to CA when they don’t live in CA anymore. Those 2000 people who leave every week take their businesses and their $ with them.

    The threats are already starting from Sacramento…we’ll have to close all the state parks…we’ll have to close schools…we’ll have to close firehouses, we’ll have to fire cops….ha ha ha ha ha ha!

    Excuse me for a moment while I LMAO! The coming implosion couldn’t happen to a more deserving state! Ha ha ha ha ha.

    • Trapped….Since we came from CA I was interested in Prop 30. Everybody keeps saying…”The PEOPLE if Calif voted higher taxes on themselves”. Even on Conservative Talk radio.

      BUT………I looked at the numbers..:\ from Ballotpedia.ORG.. :

      June 2012 California pop est……38,043,000

      Participation in the Vote……9,218,597..( which is only 24.23% !!)

      NO…..4,251,558………….the difference is 715,481. Whish is only 7.76% of the people who bothered to vote !

      The yes vote represents ONLY 13% of the total Calif population and the margin of 700K is only ….1.88% of the total POP.

      THUS only 1.88 % Decided this issue and only 13 % voted yes.

      Yes I know “they” won…..but the point is 7.76% and 13% and 1.88% ARE NOT the people of Calif deciding to vote higher taxes on themselves….they are a small minority of the total pop. That needs to be repeated….that’s how we start to change perceptions…with facts and Truth.

  3. That’s good news about local politics being won by Republicans. Although, you still have to keep an eye on them. Local politics where I live is completely dominated by Republicans, but the initiatives really make you wonder, often bearing a close resemblance to ill-conceived initiatives in Democrat-run areas. The ability to attract money from the feds is almost always a point of pride, and it always comes at a cost.

  4. Regarding Obamacare: Not sure which way my state is going with that. We passed a Constitutional amendment saying that people cannot be forced to buy insurance, but I also heard we are setting up a federal exchange.

    A few months back I was having a conversation with a chiropractor. He was explaining how chiropractors had to use all kinds of legal means to carve a niche in the over-regulated medical industry, which was endeavoring to marginalize and criminalize the practice, and had created all kinds of obstacles for practitioners and insurance providers. I thought for sure he would be opposed to Obamacare. Nope. He thought a new layer of regulations could right the wrongs of the past, which strangely he was blaming on insurance companies. Bizarre.

    • Yes….Both your posts ring True….Conservative / GOP districts tied to Money…..and People NOT seeing ObamaCare for the Intrusion into private lives via Regulation and MASSIVE Taxes at the same time. ObamaCare also , by its very existance, is an apologist for Socialism and Big Government…….

      It is bizarre that some folks who in one frame are totally for Individual freedom…..and in another want to rely on “regulations” to level the playing field.

      BUT….this person is one who “education” can reach……they can be persuaded by reason and argument, ie…LESS overall regulation would be best for his profession to Practice.

      This is unlike the pathological Liberal who will twist Democrat horrors like the Democrat foundation of the KKK into those Democrats were ” really Republicans” ,or the GOP’s history of its beginning platform around the Women’s vote and anti-slavery as “those early GOP became the Democrat Party later”…..and other such BS re-writing of History……
      The recent Lincoln movie, the planned NBC hit piece on G Washington and the Biopic of FDR ( w Bill Murry playing FDR of all people) are all media Representations of this re-write.

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