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Danger Ahead – End of Federalism?

Posted on Tuesday, December 22, 2020
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by AMAC, Robert B. Charles
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97 Comments
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FederalismJames Madison, America’s 4th president, is described as “Father” of our Constitution. Central to the Constitutional Convention, he distilled 60 amendments into 10, our Bill of Rights. If he were alive today, he would be worried – because “federalism” (the idea of a federal union that leaves important rights to “the States” and “the People”) is being killed by those centralizing power, such as Biden-Harris.

No greater authority on “federalism” exists than Madison.  He understood that national crises – especially a war – could require temporary coordination by the federal government but urged complete return of rights to States – and the People – in peacetime.

Famously, he observed “operations of the federal government will be most extensive and important in times of war and danger; those of the State governments in times of peace and security.” Like all Framers, he knew – borrowing from Francis Bacon – “power corrupts, and absolute power corrupts absolutely.”  They all – every single one – feared federal power.

Not surprisingly, knowing human nature, they inserted the 10th Amendment.  Prescient, sobering, echoing loudly now, it 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.”  In other words, federal power is strictly limited – and must always remain so.

Only it has not remained so.  It has grown, at first slowly, then with protective intent after the Civil War, during World Wars I and II, during the Great Depression, civil rights fights, and – since the 1990s, especially following the attacks on 9-11 – with accelerating tempo.

The real question is – what is the proper balance between federal and states’ rights, in a Republic responsible to “We, the People”?  The right answer is – while preserving individual liberties and equal protection under our Constitution – we must go back to Madison, the 10th Amendment, and understanding why rights not given to big government, belong to the States and People.

Here is why:  States are closer to “We, the People.” State leaders – like local leaders – are more immediately accountable for screw-ups, like defunding police, spikes in crime, endangering human life, liberty, and property, stopping commerce, putting people out of jobs and business, keeping kids from school, raising domestic abuse, depression, drug use and suicides.

Beyond COVID and election shenanigans, the idea is State and local leaders make decisions for which they can be held accountable.  State and local leaders are currently answering to enraged, bankrupted, unemployed, socially, culturally, and professionally impaired citizens – who see hypocrisy, recklessness, and constitutionally-objectionable behavior – and want it corrected.

Church, civic and business leaders are demanding changes to State and local policies restricting worship, assembly, travel, crime, and commerce – in some cases supported by the US Supreme Court – while some state leaders, like the Governor of California, are facing a recall.

In short, accountability is higher at the State and local level, which is one reason why Madison and Framers crafted the 10th Amendment.  The other is unvarnished fear of concentrated power, the ability of a runaway, unaccountable Federal Government to crush individual rights.

That brings us to the nub.  Where President Trump refused to use federal mandates, federal regulatory, civil or criminal penalties to demand citizens wear masks, abide lockdowns, sacrifice constitutional rights, not assemble, travel, worship, or live freely, Biden-Harris is chomping at the bit to use federal powers – against individuals and to override State federalism powers.

That is where we are.  Federalism in Madison’s day was a force to behold.  States were given wide latitude – accountable to their People – in setting policies, enforcing laws, challenging, and protecting individual liberties.  Over time, the idea separate State and Federal powers, a “layering” of the cake, evolved into a mishmash of shared powers, roughly understood.

Today, the threat is that State power to control basic policies, destiny of their own citizens, public safety, commerce, capacity to survive, and balance of health risks – is on the verge of being taken over by a power-centric Biden-Harris administration, telling us what they mandate.

Bottom line:  Citizens need to be aware of their rights – and speak for them.  A new majority on the US Supreme Court has defended free speech, worship, assembly, commerce, self-defense, and – by implication – the 10th Amendment.  But citizens must speak up.

If Republicans hold the Senate, they can block concentrated power under Biden-Harris.  Still, we live in times that would shock Madison – because his labors to protect individual liberty, assure accountability, limit abuse, and preserve God-given rights to the People – held in trust by the States, are under direct fire.  Is this the end of “federalism?”  In short:  Not if we defend it.

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Rik
Rik
3 years ago

Isn’t it funny that under President Trump, the States screaed that their Governors had the right to shutdown the economy, religious worship and the right to work. If Old Biddy Biden is ALLOWED TO STEAL THE PRESIDENCY, HE says that HE HAS THE RIGHT to shutdown the economy, religious worship and the right to work! The Progressively Communist Democrats WANT TO GRAB AND EXERCISE POWER OVER STATE’S RIGHTS AND PEOPLE’S RIGHTS! … No Thanks, Commies! We the People must DEMAND Our Rights or lose them forever!

PaulE
PaulE
3 years ago

To distill down your well written article to its basic lesson: President Trump understood and respected the Constitution and understood the purpose of federalism existed to ensure both State’s rights of self determination of their citizens and protect individual citizens from an all-powerful, unaccountable federal government applying “one size fits all” standards to everyone. Biden / Harris on the other hand view the Constitution and federalism as an impediment to absolute rule by a federal government to do virtually anything it wants to everyone without limits.

I agree with you that our Founding Fathers would be horrified at what we have allowed this republic to deteriorate to today. The great experiment is nearly dead, but not by means of a foreign adversary defeating us on the battlefield. We have largely defeated ourselves by refusing, time and time again, to stand up for our rights and freedoms as they have been whittled away. Death by 10,000 cuts delivered over decades.

Socialism and even communism, at its basic core, is simply a reimaging of the old style monarchies dressed up with some misdirection talking points to lull the gullible and ignorant into voting for it or accepting it. The principle however is exactly the same. The ruling elite live in absolute splendor commanding absolute power over the masses. While the commoner is reduced to a subsistence living and endless pain and misery. It will be interesting to see not only how the Georgia elections turn out, but how the country accepts the massive changes the Democrats and their Chinese backers have planned for us either way. Hope for the best, but absolutely always prepare for the worst.

Steve
Steve
3 years ago

Federalism works and prevents a dictatorship!

Peter K
Peter K
3 years ago

What Madison does not, or could not, know at the time is that State government could also abuse their power over the people. Examples of ignoring their own state constitution to “manage” an election, ordering lockdowns of people to prohibit them from living free, etc. are examples of such abuse of power. Yet, the people seem to be OK with being told how they can, and will, live under the rule of politicians. We live in dangerous times whether we want to admit it or not. Turning our back on societal norms and not simply doing what’s right for the sake of adhering to radical politically correct methods and manners will not result in a better society. When decisions advancing the few against the best outcome for the many take control of decisions, decisions made by the very people that were chosen to “do the right thing”, without complaint is nothing more than step one in the downfall of this once was a great nation. Like it or not, we are not very far away from collapse. And, no, I am not a pessimist. I am a realist. The incoming regime is owned by China, the greatest threat to freedom in the entire world. Corruption will expand beyond our ability to even define it with the help and assistance of the MSM media including broadcast, print and social. And that I believe 100%.

We made an emotional choice to rid ourselves of a man with questionable manners. And, IMO, THAT was a big mistake because now we will have a complete and proven self-serving, low intellect swamp puppet “leading” our country. And there will not be a scandal because every misstep will be blamed on the person they succeeded.

TROJAK
TROJAK
3 years ago

Federalism DIED in 2008 with obama becoming the first markist president,now we have his puppet getting ready to steal the White House.

Patty L
Patty L
3 years ago

MARANATHA!!!

Texas Resister 64
Texas Resister 64
3 years ago

Harriden and company (Schumer/Pelosi et al) are the greatest threat to the integrity and continuity of the USA since 1941-42. We must never stop fighting them.

Patty Ann
Patty Ann
3 years ago

Time to start rising up folks!

Nobody’s Business
Nobody’s Business
3 years ago

Prepare for the civil war that’s coming. There is a lot of people that won’t put up with the government telling us everything that we can and can’t do. The same people that are telling us what to do could not make it in the real world by working so they become politicians that think they know how everything should be done with no real world experience.

Biden: MAO More Than Ever
Biden: MAO More Than Ever
3 years ago

“States Rights”. The very thought sends chills down the spine of anyone with even modest powers of observation living in serially mismanaged (often by both parties) states such as California, New York and Michigan. In this context the federal government has one redeeming quality. That is, it’s (primarily) in Washington while state governments are much closer, and so more able to easily wreak havoc on citizens lives. And state level “leaders” are often a much worse bunch than those found in Washington. By the prevailing standards of political success, when you get to Washington you have arrived. Not so state (or even worse, local) leaders stuck in some stinking backwater. On one level these so-called “leaders” know they are failures, in far too many cases dismal failures. This realization makes them bitter, causing them to lash out at the citizens (voters) too mean spirited or stupid to recognize and acknowledge their brilliance.

It’s true this dynamic exists at all levels. Crazy Joe finally “made it”. But how many decades did it take for the unwashed, unlearned ignoramuses in the hinterlands to recognize his brilliance? And even Crazy Joe has to recognize that many people voted for him not because of his stature as a giant among men but rather the lesser of two evils. And we wonder why he’s bitter and enraged at us?

No, shrugging power off to states is not a solution. Yes, once upon a time it was but now the truth of the matter is, government at all levels is a malevolent cancer and the closer it gets the worse it is, the easier it is for them to make our lives miserable.

If you can read this, I must not be a robot (fingers crossed).

Dave from San Antonio
Dave from San Antonio
3 years ago

The purpose of the 10th Amendment is not concealed. It states in no uncertain terms that any power ‘not’ delegated to the Federal Government(United States) by the Constitution are, basically, reserved to the individual States. The Left has perverted this, saying that the Federal Government has the final say…which it does not. ‘This’ is one reason they no longer teach ‘government’, ‘U.S. history’ or what the Constitution/Bill of Rights really are. It’s easier to take away the rights of the people or states when they have no idea what their rights are. I was lucky because I went to school when there was an emphasis placed on these things. Over the years I have watched the education of our children deteriorate with regards to the aforementioned subjects. When my kids were in school I went a few rounds with their teachers and school administrators about this. They asked me what made me so sure of myself. I pulled out my high school text books on these very subjects(I know…I’m weird for saving them) and a copy of the Constitution and Bill of Rights as back up. I thought a few of them were going to stroke out, they were so mad with hate and rage…simply because I could ‘prove’ my point. They finally said ‘they’ were the authority and would continue the way they were teaching. I did all this at a public school meeting with other parents. I then gave them formal notice that I was withdrawing my kids from their school system and would home school them. They said I couldn’t do that. They found out a couple days later, when an attorney showed up…that I ‘could’ do that and there was nothing they could do. Found out later that about a hundred parents did the same. The schools today do not care about education. Every student enrolled in public school means more money and the school gets docked that money, daily, if students are absent. We, as parents, are ultimately responsible for our children’s education…regardless of what the schools want to say.

Stephane
Stephane
3 years ago

Amazingly, the people in charge of the country at its founding, were so much more intelligent, more educated, and more willing to create a country that would be managed by the people. In speaking five languages at least, they were able to understand what thousands of years before them, history and experience had instilled in the writings of history. Instead, the people of today, who want to control the country, are totally ignorant of the Classics: Latin and Greek. IF woodrow wilson had not decided to install socialism, racism, eugenics, and low-level education in the US, the electorate would understand that the wanna-be tyrants have no idea what they are doing. Instead of creating people with will power, the tyrants are creating a despondent victimized society, which they promise to take care of. Through LIES, CORRUPTION, lies, welfare, lies, and, did I mention LIES? People like Johnson in Mi, Sharpton, Waters, AOC???, Feinstein, Schiff, Nadler, Schumer, pelosi, SWALLOWWELL!!!, omar???, tlaib??? would have NEVER BEEN ELECTED to the position they hold today. NEVER!!!. And then you have the Nusenses like Ca governor, Mi governor, cuomo the IMBECILE MURDERER, the mayors like deblasio idiot, etc. None of those guys would have been elected!. They are all TRAITORS!!! Thanks “bo the TRAITOR in Chief”!!! and biden corrupted absolutely!!!

Haviette
Haviette
3 years ago

The Democrat Party has already gotten control of local, state and national levels of governance, completely denying the right of the People to representative government. They can look at the evidence presented in their Obama courts, and deny whatever they wish, to deny the will of the People. Their DA.’s and judges rule at every level with impunity, and every dissenting voice is silenced by their Fourth Branch of government, the mainstream media Department of Propaganda. So, now we have a country ruled by Leftist activist judges, so now, federalism, the concept of state’s rights, is completely destroyed by the Leftist reign of tyranny in each of our Fifty States, wherein we the People, are summarily silenced.

Stephen Russell
Stephen Russell
3 years ago

Have to purge mayors & Gov of Blue states to hold line & state assemblies, city councils OR lose aside at Fed level
& must make plans to combat this ALL levels Govt.
Deep State, Spy State, Nanny State

Beth
Beth
3 years ago

I’m horrified. I miss my father everyday but I am grateful he is not here to see what is becoming of the country he gave 22 years of his life to defend he has been gone almost 2 years.

Chris
Chris
3 years ago

The article misses one other very important reason for federalism, it is fundamental to protecting our most important voting right, the right to vote with our feet. If the ballot box in your city/State isn’t working to hold those in power in check then you can always vote with your feet and move to somewhere where liberty is respected. Where does one go when the national gov’t is disrespecting liberty or when the ballot box isn’t working to put a check on the power hungry?

We need to start phrasing our arguments for things like federalism in terms that those indoctrinated in leftist terminology can understand. The phrase “protecting the right to vote with our feet” is something they’ll get.

Keith R.
Keith R.
3 years ago

It is my sincere hope that the Biden-Harris cabal will be facing a populist backlash against their openly socialist and global agenda that makes the red herring 4-year witch hunt against Trump look like child’s play. The Democrat Party is a dinosaur trapped in a tar pit and many swamp RINO’s have joined them in recent decades. The American spirit is alive and well, but must find wings about the fake news cabal that now chokes the truth for millions who rely upon the corrupt media and pathetic social media wasteland for their information.

Michael J McEachern
Michael J McEachern
3 years ago

Government at all levels and of both political parties has eroded the rule of law by giving increasing power to bureaucrats. This has brought about the tyranny of administrative law. The tyranny is behind tax seizures, asset forfeitures, environmental enforcement and all manner of politically-motivated fines and penalties.

Rebecca s Brown
Rebecca s Brown
3 years ago

I appreciate your article. However, we are inundated with people telling us how dark things are looking, how much that is good about America is being destroyed, the danger to our Constitution, etc. I agree. The sixty four thousand dollar question is WHAT DO WE DO ABOUT IT? We voted, we voted en masse, our votes were negated by a fraudulent election. The Court seems to be avoiding hearing anything to do with the massive fraud we have witnessed. What recourse is now available to us? No one has any substantive suggestions. With the possible exception of those who are advocating taking up arms against their liberal neighbors which is something I cannot countenance. I suspect that it will be too late to save our country after the pretender is inaugurated. I am not hearing any path forward from any of our conservative leaders or pundits. Merely reiteration of the dire straights we have come to.

JRB
JRB
3 years ago

Read Thomas Woods’ “Nullification: How to Resist Federal Tyranny in the 21st. Century. Then give it to you state reps and friends. Mobilize the people and demand that state governments nullify every act that comes out of Biden’s Animal Farm (Orwell). We have the right at the state level to determine constitutionality and to nullify the Marxist Tyranny that they want to unleash on us.

Kristine Wright
Kristine Wright
3 years ago

It’s not over yet. Be patient.

Rick J.
Rick J.
3 years ago

Hate to say it….but we are going to have to fight to keep our freedoms. Better to shoot a democrat then
be ruled by these godless heathens. What a subject to contemplate at Christmas time, This might be the
last peaceful Christmas for a while.

Phyllis
Phyllis
3 years ago

This is what happens when people who have no respect for the Constitution are elected. I believe the demoncrats have tried hard for years to steal elections. This time they may succeed which will be the biggest fraud in US history. If Joe and the kamel get the White House, we will see a lot change for the worst. We better prepare ourselves for possible physical and certainly Spiritual battle.

Shirley Everett
Shirley Everett
3 years ago

Great column!

Brenda Blunt
Brenda Blunt
3 years ago

Americans are losing their individual rights. We ALL must fight back and NOT let them be taken away!! Lord, please help.

Thomas H Seigo
Thomas H Seigo
3 years ago

One does not need to be a “militia” member to exercise one’s rights under the Constitution, especially set out by the 10th Amendment. However, in order to insure that our Republic remains free of “forced mandates” be it for Covid 19 or fair and legal Election processes, we as individuals and citizens must exercise our God given rights to “call out our politicians at both the State and Federal levels” and demand an accounting in clear and concise language that we the people can accept without reservation. If these politicians cannot be up front and honest with us, we must also demand that these same politicians be recalled, as with the Governor of California. I honestly believe that we citizens are fed up enough that by standing in unison and collectively call out the politicians, both State and Federal, and demand adherence to the 10th Amendment and once again return to civility as set out by Madison!! Call, write or visit (if possible) and express your outrage with the abuse of power we are witnessing today!!!

LauraC
LauraC
3 years ago

For all the liberal blathering about authoritarianism under Trump, I think we’re about to see just what real authoritarianism is under Biden and, particularly, Harris. Individual liberty is our defining characteristic and we need to keep it.

Steven Anderson
Steven Anderson
3 years ago

I see many legal challenges ahead – I hope Amac participates too.

Dave
Dave
3 years ago

Unfortunately there are far too many Americans that do not understand how the Constitution works and are psycologically predisposed to having an all powerful central government without the understanding of what that means. When they do finally understand it, it will be too late. The term “unconstitutional” now has little meaning to these people as the programming by progressive leftist communists takes hold.

NeverBiden
NeverBiden
3 years ago

I have just spent 4 days on Newsmax for the first time. Its loaded with liberal freaks. It is billed as a
conservative outlet but it isn’t. No more for me. This Covid bill is a pork handout to Ukraine, owners
of race horses, the green deal, and studies of why mexican minors are left at our southern border. If we
thought this would be a “handout to those millions of americans ( Venezuela, Brazil ?) who are in desparate
need” that’s a crock. The Covid II Bill is a handout to foreign nations. Sorry US. For the 10 million th
time, if you want help, do it yourself.

NeverBiden
NeverBiden
3 years ago

If you want certainty leave the country and let Barbra Streisand stay. Get a Real ID drivers license or you can’t leave.
This well organized plan, like the stolen election, was hatched 3 years ago while we were asleep. Sell your property
before its worthless. California has said that if you sell your property and leave the state you must pay state tax for at
least 10 years. I hope we get it before the Chi-coms arrive.

NeverBiden
NeverBiden
3 years ago

Buy all the guns you can while you can. And… and… and plenty of AMMO.

NeverBiden
NeverBiden
3 years ago

This is what we get after 30 years of dumbed-down public schools that do not teach US history ( or science or math ) and
convince our kids that we are an evil nation. And we adults are to blame because we sat around and
let it happen.

NeverBiden
NeverBiden
3 years ago

I actually feel sorry for Biden. He is not prepared for the resistance.

Garye
Garye
3 years ago

Use if Federal powers like the corrupt,illegitimate democrats would like to impose are the first steps to communism!!
We the People must STOP all the anti American,anti Freedom policies they attempt by speaking loudly and in Great numbers to every elected official and every level that we will not accept this.
It will take Real Citizens banding together,protests,removing these failures from office and standing as one.
America, freedom are in jeopardy from these radical liberal democrats.

Lynn
Lynn
3 years ago

The people need to stand and raise their voice to the government, to be silent and let government take FULL control is like the old saying if your not part of the solution then you are part of the PROBLEM. It did not take Hitler long to take control of killing millions of Jews, because NO one tried to stop him. If we the people do nothing we are headed for much worse than what Hitler did.

Walter
Walter
3 years ago

President Trump stood up for America and defended our Constitution. I am still not over the voting fraud that occurred and the lack of the corrupt transparency of it. I am an old Vet and Red, White and Blue all the way but I cannot sit still when the traitorous Biden’s are on the China payroll and this trickles through out our political realm. It seems China was involved in helping to skew our elections of our Great Country-and JB is our leader-Get a grip! He has been bought and paid for by our enemies. It will take more than standing tall and words to keep our Republic-We must take action to defend our Constitution.

aluminum head
aluminum head
3 years ago

No problem. Trump will invoke Martial law and his exec. order engineered from 2018. I’m sure he will not let the cowardly “supremes” get away with their FEAR of starting riots by accepting his case. What bastards they are. Just part of the DC “sewer.” If China Joe gets in there will be civil war and vigilantes. Count on it.

Preston
Preston
3 years ago

Where do we stand in the number of states signing on to the “Confederation of States” movement?

Lorey
Lorey
3 years ago

That would be fine & dandy if the spinEless rhinos would step up. BUT THEY WON’T. AFTER ALL THIS IS THE PARTY THAT STARTED ALL THIS WITH 9-11. WITH THE HUMANOIDS TAKING OVER.

Dr Scott
Dr Scott
3 years ago

Thank you for your article.

Rexford Ames
Rexford Ames
3 years ago

Interesting discussion. With only the ” News” to read and hear from. Michigan, Pennsylvania,Georgia and Arizona. To what ever degree. Has had Federal Judges to override the States Legislature, during the Pandemic, as an excuse to ignore the Law and proclaim their own!
From what I have seen or read. Those legislatures did not countermand those Judges and order the States Governments to comply with the LAW.
That didn’t happen and for whatever the reason, Those same Judges will not accept the fact that their decisions are a direct cause of those Voter Frauds and to accept their error and correct them.
It appears ” Pride” is the culprit?
Once a Judge has committed someone to do time in an institution. It does not matter is, later, it was found that that human being was indeed innocent. Nope. Their pride will not let them. Just imagine if we free one, then we have to free everyone. What a bunch of bull and socialist thinking. The individual does not count, only the System does.
That’s the error that is extremely difficult to over come. To right a wrong of any stripe. The LAW , will not compromise or correct on errors it has manifested.
Isn’t that why ” Criminals” never admit wrong

jimbo
jimbo
3 years ago

my suggestion if you have children at home, for proper education check out TUTTLE TWINS.COM THE BOOKS CAN DISMISS mis- information from socialist teaching in schools and the left media thanks jimbo happy 2021 to all

John A. Fallon
John A. Fallon
3 years ago

“WE THE PEOPLE” ARE the government, we need to SHOW the corrupt our power of self rule, by impeaching john roberts and recalling newsome of caliPORNia and put FEAR in the hearts of ALL the arrogant, self-serving politicians and show them they are NOT as “powerful” as they think, many STATE and LOCAL elected need to be PUNISHED for the PAIN and SUFFERING they allowed to happen and especially for the VOTER FRAUD they have used for decades to keep themselves in power, WE CAN TAKE OUR COUNTRY BACK PEACEFULLY IF WE EXERCISE OUR RIGHTS AND SHOW THESE TRAITORS THE ERROR OF THIER WAYS,if a politician is “recalled” we can investigate and punish them and replace them if they do not serve “WE THE PEOPLE” the way they are obligated to do BY LAW.

For some reason parade was my sticky one, too.
For some reason parade was my sticky one, too.
3 years ago

If the election system isn’t straightened out so that it truly represents the will of the majority of CITIZENS and doesn’t cater grossly to the partisan will of many greedy politicos wanting to RULE, not just govern according to Constitutional accord, this Nation will lapse in to a Communist regime that will be subservient to other Nations … or … another civil war will evolve in this Nation that will make the 1860’s Civil War look like a game.

Hal
Hal
3 years ago

IMO, Joe Biden is a potential source of the fall of this great Nation as a Constitutional Democracy. The man is not competent or capable of making rational decisions about the future welfare of this great Nation. With Biden it reminds me of the old saw, “The inmates are running the institution!” What’s upcoming? War? Rampant inflation? Political usage of the police and maybe the military to stifle political opponents? A final blow to eliminate any news media that criticizes the political actions and running of the government? It appears that if something isn’t done to fix it, the election system that allowed Joe Biden to win the Presidency will be set in stone and controlled by one party in the future elections. I’m worried.

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