It is Not Just Us Versus Them …

It is a highly complicated question to attempt to answer but a question that needs to be explored as deeply as possible.  What is the federal government's proper role compared to our states?  And given answers to that question, how do we best protect states’ rights, which were at the forefront of the American Constitution and Bill of Rights when these two remarkable documents were first crafted?

We can start with the apparent roles the federal government can and should play in policy and lawmaking:

• National defense: The federal government is clearly preferred as the one responsible for protecting the nation from external threats to our defense. This includes maintaining a strong military, conducting foreign relations, and securing our borders.  Our states would have too many different approaches and competing interests to do it themselves, not to mention that the United States Constitution spells out very specifically that our national defense is a federal job to perform.

• Regulating interstate commerce: The federal government has and should have the authority to regulate commerce between states, ensuring a level playing field for businesses and preventing trade barriers.

• Addressing national crises and responding to emergencies: During times of crisis, such as natural disasters or public health emergencies like floods, hurricanes, and tornados, the federal government has played and should continue to play a leading role in coordinating response efforts and providing unshackled resources to affected areas.

• Promoting economic stability and growth: The federal government has more tools available to it compared with states to manage the economy, such as monetary policy through the Federal Reserve and fiscal policy through taxation and spending.  This includes promoting economic stability and growth.

• Protecting public health and ensuring public safety: The federal government has a role in setting a consistent blanket of standards and regulations to ensure public health and safety, including oversight of food and drug safety, environmental protection, and public health programs so that all citizens have a uniform set of rules and regulations by which to manage their lives.

• Providing national infrastructure: Investing in and maintaining critical national infrastructure, such as highways, bridges, and airports, necessarily falls within the purview of the federal government who is better positioned to muster the massive resources that are often needed to make infrastructure possible and accessible.

• Enforcing federal laws: The federal government is responsible for enforcing laws enacted by Congress, including those related to immigration, drug enforcement, and environmental protection.

• Protecting civil rights and liberties: Enshrined in our Constitution and Bill of Rights, upholding our guaranteed civil rights and liberties, such as freedom of speech, assembly, and religion, is a fundamental responsibility of the federal government.

In terms of how we best protect states’ rights while doing the roles outlined above:

• Reserved roles:  First, we must recognize that principles of federalism dictate that certain powers are reserved for the states. The federal government, therefore, should respect the autonomy of states in those areas where the Constitution and our Bill of Rights have been largely silent thus far. Finding the right balance between federal authority and state autonomy is and will long be an ongoing challenge in governing America successfully.

• Respect the Tenth Amendment: The Tenth Amendment to the United States Constitution explicitly reserves powers not delegated to the federal government to the states or the people. It is critically important that our Congress, the Supreme Court, and other judicial bodies uphold the principles outlined in the Tenth Amendment as essential to safeguarding states' rights. The Supreme Court is crucial in interpreting the United States Constitution and settling federal and state disputes. Ensuring that the judiciary respects states' rights when making decisions is vital, especially in the context of the Tenth Amendment.

• Limit federal overreach: The federal government must avoid encroaching upon areas traditionally reserved for state jurisdiction. This includes issues such as education, healthcare, and law enforcement, where states historically have had significant control and should continue to do so. In places where the federal government does choose to intervene, that intervention should provide a floor level of protection not a ceiling.

• Federalism: Encouraging a more substantial commitment to the principles of federalism, where power is shared between the federal government and the states, can help protect states' rights. This involves respecting states' sovereignty and allowing them to govern themselves within the framework of the Constitution.

• Interstate compacts: Facilitating the unequivocal formation of interstate compacts allows states to collaborate on issues of mutual concern while retaining their sovereignty. This time-honored mechanism enables states to address common challenges without undue federal intervention.

• Political will: Protecting states' rights requires political will from both federal and state leaders. State governments must assert their authority when necessary, and federal policymakers should be mindful of the balance of power required between the two levels of government.

• Public awareness: Educating the public about the importance of states' rights and encouraging civic engagement can foster a greater appreciation for the principles of federalism and the opposite consideration gained from anti-federalism among some of our founding fathers. Informed citizens, Thomas Jefferson and James Madison rightly argued, would be more likely to hold their representatives accountable for respecting states' rights.

• Amendments: If necessary, amending the Constitution to clarify or reinforce states' rights could provide a more permanent solution. However, this process is challenging and requires widespread consensus among states and Congress to achieve.

Protecting states’ rights and nurturing a proper role for our federal government must be taken in context and altered when the correct times and mood of the electorate dictate.  When our politics are as hyper-politicized and divided as they are now, amending the Constitution must be done with great sensitivity; otherwise, mischief will abound and cause even more chaos.