The states created the federal government and yet they were fearful of this act from the very beginning. The founders somehow knew that the bigger and more powerful the national government, the less personal liberty individual citizens would retain.
Don’t forget — we are the United States of America, not the United State of America. States have borders with their own rules and regulations, taxes, etc. The great thing in a free country of various states is that if you don’t like the way your state government operates you can move across a state line or across the country to a different American state of your choosing.
James Madison, father of the Constitution and the fourth president of the United States, said, “federal powers are few and defined. State powers are many and broad.” Article I, Section 8 of the Constitution lists the 17 enumerated powers specifically delegated to the Congress. The 10th Amendment 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.”
This was not a preference, but a mandate by the Founders who believed in the dispersion of power. According to RenewAmerica.com, the state governments had virtually unlimited power, but limited funds and couldn’t print money so only programs the people were willing to pay for were funded. The federal government was theoretically checked in spending with only 17 enumerated powers. The value of the US dollar remained steady with this balance, but with the Great Depression and dozens of New Deal federal agencies created by Roosevelt, extra-Constitutional programs exploded and so did federal spending and the weakening of the dollar.
Continual violation of the 10th Amendment has given us what we have today, an out of control federal government and massive debt. The Social Security program, Medicare, Welfare programs, the IRS, nationally funded student loans, and farm subsidies are all examples of the federal government assuming power not permitted under the Constitution.
What many feel are the intrusions into our lives by heavy handed federal mandates and the Supreme Court legislating from the bench could have and/or should be handled at the state level. Same-sex marriage, medical and recreational marijuana, Common Core, forcing people to buy insurance under the Affordable Care Act, and the Brady Bill are but a few of the many issues where the 10th Amendment and by extension, the people, have been given short shrift.
These are not old fashioned ideas, but are practical protections against the bullying power of a big government. The 10th Amendment was one of the most important tools in the division and limitation of power and in maintaining individual liberty, but sadly is one of the most abused of our Bill of Rights.
As citizens of a free republic it is our duty to preserve it. If you would like to take a free online course on the U.S. Constitution go to: www.freeconstitutioncourse.com.
Mikie Kerr is a Waikoloa resident and Constitutional enthusiast who writes a monthly opinion column for West Hawaii Today.