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Restoring Federalism – Step One

By: DerKrieger (Diary)  |  December 22nd, 2011 at 06:09 PM  | 

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Restoring federalism will not only require courageous and determined state elected officials it will also require states to enact legislation that severs the coercive funding relationship they all have with the federal government.

For decades the federal government has used the carrot and stick of federal funding to force states to bend to its will. The federal government now collects and then redistributes money to states for infrastructure, education, health care, and countless pet projects in the form of earmarks. These federal funds often come with strings attached and states with limited ability to raise their own tax rates more often than not meekly comply. The states have thus allowed themselves to become subservient to the federal government through their dependency on federal funding.

The sad irony is that much of the revenue the federal government doles out to the states is collected from the state’s residents to start with so the entire exercise is a money recycling scheme with DC skimming off the top for administrative costs and redistribution to other states.

So how to strike the first blow for independence? The Federal Funds Act.

From the 10th Amendment Center:

Already introduced in Georgia (HB877), Oklahoma (HB2810), and Washington (HB2712), such laws would require that all federal taxes come first to the states Department of Revenue. A panel of legislators would assay the Constitutional appropriateness of the Federal Budget, and then forward to the federal government a percentage of the federal tax dollars that are delineated as legal and constitutionally justified. The remainder of those dollars would be assigned to budgetary items that are currently funded through federal allocations and grants or returned to the people.

Once states are able to keep the tax dollars that otherwise would have been returned to them after a trip through the bureaucracy they will have much greater freedom to defy the diktats of the federal government and restore the liberties of their citizens.

COMMENTS

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  • Scope

    Particularly in the Obama administration, they have mandated through legislation that the states adhere to the policies/legislation they have passed. Unfortunately, every state has their Liberals/Progressives fighting for those policies coming out of the Obama administration. What would you suggest that any state do to fight against the federal government? The EPA, in the Obama administration is “mandating” that all states must adhere to their onerous regulations, without any benefit of Congressional legislation. The HHH is mandating that states adhere to their “mandates” without Congressional approval. The Dept. of Homeland Security has brought about the TSA, now Unionized, which dictates that every major airport in the country must xray, or grope every American flying citizen. The DOJ has condoned voter fraud by dismissing the Black Panther case, has condoned perjury with Holder’s testimony that he didn’t know nothin’ about Fast and Furious, until it has been found out that he actually did.

    The federal government has been usurping power, and have taken most rights away from the states, not only by a centralized tax heist of the citizens, but by insuing that states have no power to pass their own laws, such as the immigration laws now being challenged in the court systems.

    If states are required to collect federal taxes from their citizens, and send it off to the federal government, so they can dole it out as they see fit, how do we stop the beast from encrouching even further? Would you suggest that each state just suggest that each of it’s citizens stop paying any federal or payroll taxes? It sounds great to me, I’d love to be the first one to promote it. How long do you think that would last until a state was brought to it’s knees for not bowing at the feet of the monster?

    We all know it’s a terrible problem, and you have just reiterated that with your diaries. The bigger question is how do you stop it. So far, even many of the newbies in Congress have gotten suckered into supporting the curret, past, and most likely future, Republican leadership.

    • DerKrieger

      Allow me a few assumptions:

      1. My hypothetical state has elected a governor and legislature that believe in federalism.

      2. My state is capable of being completely or mostly self-sufficient.

      If I were governor I would ask my state to pass the FFA so that all federal taxes passed through a state tax office before remittance to the federal government.

      I would ask the relevant offices to determine which functions of the federal government were constitutional and the proportional cost that would be allocated to my state on an individual taxpayer basis and then send the federal government that much money.

      The remaining funds would be retained for in-state needs or returned to taxpayers.

      I would ask the legislature to review the constitutionality of every piece of legislation coming out of DC and if the state legislature deems it unconstitutional it would simply be ignored within my state.

      With respect to existing law and bureaucracies I would order the same review for constitutionality with the same result.

      In spite of what is widely believed the federal government is NOT the ultimate arbiter of what is and is not constitutional. The states created the federal government and ratified the constitution and in my humble opinion they therefore have every right to decide constitutionality.

      Without voluntary cooperation and the inability to hold a state hostage by witholding funds, there is little the federal government could do.

      And the plain language of the Constitution is on the side of the states who implemented this strategy.

      • Scope

        however, what states currently have the ability to ignore the federal government? The point I have been making with you all night is that we agree with federalism, but who do you think best exemplifies that stated goal out of the current candidates? That’s not a trick question, I really would like to know who you think can get that job done, if any?

        • DerKrieger

          Perry is the one who has come closest but who knows what he would say if he were in charge of the federal government.

          I don’t know if his belief in federalism is sincere or just convenient for him as governor so he can run TX the way he wants to without federal interference.

          The test would be for him to espouse federalism now and outline his plan for achieving it if elected POTUS.

    • DerKrieger

      …of this is keeping businesses with operations, customers, and employees outside the home state safe from federal coercion and intimidation.

      Take Dell or Texas Instruments or any of the Houston based oil majors for example. While Texas may say that the plain language of the Commerce Clause means that the federal government can’t use its expansive definition of it within Texas, it can continue to do so outside of Texas and thus coerce Texas headquartered businesses into following current federal interpretations.

      For example, the feds could threaten a TX based utility into following EPA mandates such as the MACT rule within Texas because the utility has power plants outside Texas.

      • Scope

        Here in VA we have co-ops in some areas for electricity. I propose that some of the major players, crossing states be broken up. Wouldn’t that be federalistic? The same applies to the major medical insurance companies. Again, here in VA, Anthem Blue Cross and Blue Shield has some 90 something percent of the insured in the state. Do the states have a responsibility with breaking the backs of some what I would consider conglomerates? Do states Governors or legislators promise insured business to particular companies if those companies move into their states and provide jobs? I say yes. VA has a Republican Governor, Atty Gen., and Atty Gen. The legislature recently turned Republican majority with both state and House. Will they open competition with health insurers and energy companies? Never.

        In my area I have the choice of Verizon, that’s it. There is no high speed dial up available in my area. Verizon has no interest in this small rural area. I have the choice of Food Lion as the only grocery store in my area, and in fact all of the surrounding communities/counties have no other choice. ONE GROCERY STORE FOR MILES AND MILES. I have Dominion power as my energy source, that’s it. There is no competition in this area. Who is my Rep. if I have a complaint, Erick Cantor. He has no interest or caring about the no competition at all whatsoever. It’s like same thing different day. Oh well. And this is happening with a Republican Governor McDonnell, and a Republican legislature. No competition at all.

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  • westcoastpatriette

    Love the 10th Amendment Center, by the way. It is where I cut my teeth when I jumped into the Tea Party movement and decided it was imperative for me to become Constitutionally more literate. And studying the 10th Amendment is the perfect place to start. (As a site, they do lean a little too libertarian for me, though, and that is why I feel so much more at home here at RS where social conservatives are not treated with scorn.)

    They have many other cutting edge ideas for State legislation to thwart the feds. One of them has to do with preventing the feds from interfering with intrastate commerce when the product is manufactured in the state.

    But I agree with you that the crux of the matter hinges upon electing courageous state officials who see their main function as upholding the oath they take to protect and defend the Constitution. More of them should be refusing to enforce unconstitutional federal legislation
    through a process called “interposition”–the duty of State officials to protect their citizens from the usurpation of their liberties.

    I’m sure you know all of this. I’m just rambling and kind of excited to see this topic being addressed here–surprised that it is not discussed more.

  • DerKrieger

    “As a site, they do lean a little too libertarian for me, though.”

    Me too. I cut back on my visits when I saw a lot of Paulbots there.

    “…surprised that it is not discussed more.”

    Yeah, I am too. Seems a natural topic considering how absolutely out of control our overlords in DC have become.

    I live in Arkansas and know a couple of our state legislators and am friends with a guy who will be running for a state senate seat. My goal for the new year is to contact all the GOP legislators regarding federalism.

    Politicians want power so I’m hoping an appeal to them in those terms will get them thinking about taking some of the power now in DC for themselves.