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Speak Out
States’ Rights: Does the federal government exceed its authority?
The wave of Tea Party-backed representatives and senators voted into office last election had a central, common goal: a hands-off federal government.
On the state level, this is playing out across the country with proposed laws that attempt to dismantle Washington’s authority to regulate a range of things, from business to food.
This week, the New York Times reported on this trend of anti-federal bills being debated at the state level. They include
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Kentucky attempting to declare itself a sanctuary from the Environmental Protection Agency (EPA).
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Arizona’s push to make products created and consumed within its borders exempt from federal commerce laws.
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Montana debating an override of federal endangered-species laws.
- Georgia’s proposal to make banks accept payment in silver and gold.
| The states’ rights provision is in the 10th Amendment to the U.S. Constitution, which reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” |
These legislators are exercising what is known as states’ rights, a guarantee in the Bill of Rights that any powers not given to the federal government by the U.S. Constitution are given to the states. For example, the federal government has the power to declare war and collect taxes, whereas the state governments make laws regarding family matters (marriage, divorce, adoption) and commerce within its own borders.
At the time of our nation’s founding, the 10th Amendment was meant to keep the government from becoming all-powerful, allowing states to craft laws based on their specific local needs. That’s what this new wave of laws purport to do. Their supporters feel the federal government has too much power.
But the laws are criticized in the Times story as all talk – symbolic proposals meant to make a point and criticize the Obama administration, but not actually expected to pass. Even if they did pass, federal law almost always trumps state law. Additionally, there’s the irony of making a smaller federal government by adding more laws at the state level. And some critics feel they distract lawmakers from more important tasks – like balancing the budget.
But supporters of the bill are quite serious. Sen. Brandon Smith of Kentucky told the Times that the EPA has overstepped its authority. “I’m not sure what will happen, but obviously it is our intent to get some relief,” he said. “[The bill] sends a very clear message that there has been a lot of overreaching.”
What do you think?
Does the federal government have too much authority? Are these laws fair attempts to rope in federal power? Do you think they’ll get passed? Do you think they distract lawmakers from other issues? Join the discussion!
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