Federalism
May 16, 2007
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       Joe  Oliva  For  President  2008 
 





 Federalism is also known as State's Rights.  It embodies the concept put in the Constitution by the founding fathers that each state was to be a  strong and definite political body in and of itself.  The states were to retain most authority to govern their own affairs without interference from the federal government.  While we think of our modern America as a democracy, that was not the original intent of the founders. Their concept was for the states to be a group united together under the idea of a free republic. After the Constitutional Convention, when Benjamin Franklin was asked by a citizen what they had been given, he replied, "A republic, if you can keep it".  A republic would have less of a central government with more power residing in the individual states.

   Before the Constitution was written, the states were operating under The Articles of Confederation, our first attempt at a unified nation with strong individual states rights.  The Articles of Confederation however, proved to be just a little too weak at the national level to sustain the country as one nation.  The ideas were good, but the package itself needed some butressing.  Rather than tinker at the edges, the framers wrote an entirely new document, the Constitution we now have, to address the weak points and to clearly delineate which part of governing belonged to which particular government body.
 
   As a young, vigorous, and growing nation, we were able to adhere pretty well to those concepts.  The newest territories were far from the national capital, and with  the natural struggles of  this expanding country, the authority over these areas was fairly limited.   As the territories coalesced into states, the desire to bring some conformity to these new members of the union became stronger.  The national government increased its power because it had an army that was needed in the various wars the nation was finding itself in, including the "Indian Wars".  The industrial revolution of the 1800's, the Civil War, the advent of  technologies like electricity, the gasoline engine, and the airplane, and the influx of new immigrants by the hundreds of thousands began to put a new and growing pressure on the country to bring about conformity.
 
   The Great Depression of the 1920's provided a new need for a strong federal government.  World War II provided the means to implement it.  From that point on, with increased technology and more international meddling, our federal government has grown overly large and unwieldy, consuming increasingly more money and power.  In adding two amendments to the Constitution for an income tax (16th) and for the direct election of US Senators (17th - Previously, senators were elected by the state legislatures to represent the states at the federal level.  The House of Representatives was to be the body that would represent the people directly), more power gravitated to the federal government.  The sad result of all this was the steady erosion of power from the people who were given specifically all rights not specified as belonging to the federal government in the Constitution.  Certain powers obviously national in scope, like defense, were authorized for the federal government. 
All other powers not expressly written in the Constitution, belonged to the individual states and the people!

   This concept, this idea,  that power actually belonged to the people, was the fundamental backbone of the new nation and codified the principles of the Declaration of Independence in the new Constitution.  It is an idea so simple and yet so powerful.  Give the federal government the very specific powers that it needs to do the job it was designed to do, which is primarily to unite the function of self defense so that all the states would stand together, and present a unified face to the rest of the world at the international level. 

  Inorder for this to be successful, the framers saw that the executive, the President, needed to have enough power to function in those two arenas.  Therefore, he was given the title of Commander in Chief of the armed forces, and also empowered to enter into treaties of various sorts with other nations.  To keep the President from becoming too powerful, it was decided that before the President could go to war, he must have the approval of congress.  In addition, congress was given the task of approving all treaties before they became law. 

  There is of course, much more to discuss about the Constitution, and if you have the inclination, you could read it as well as the Federalist Papers, articles written by Alexander Hamilton, James Madison and John Jay, using pseudonyms, where they attempted to explain what the Founding Fathers meant in the various sections of the document.  For the sake of this discussion however, I want to go back to the concept that powers not expressly given to the federal government belong to the states and the people.

   The great individuals who literally created this nation understood human nature, the power of governing, and the need for vigilance in protecting freedom.  To secure that freedom, it was wisely decided that political power should remain as close to the people as possible.  The House of Representatives was designed to hold power for the people away from the executive and judicial branches. It is called the "people's house" for good reason, and in it resided the financial power of the nation and the ability to keep us out of war. 

  Much of the decision making done in congress today should be done at the state/local level.  These are the people who we elect who are right here in our home towns, and the idea was that we, together with them, would share a common understanding of how we wanted to live.  We would decide the issues that affected our own communities, while the congressmen we sent to Washington were supposed to prevent the federal government from gaining too much power.  Alas, that did not happen.  As I described in the opening paragraphs above, time and circumstances provided the opportunity for power to accrue to the federal government at an alarming rate beginning in the early to mid 20th century.  How did that happen?

  We the people, the rightful owners of this great country, let it happen.  We watched as the money accumulated in Washington, and then, instead of demanding that it stop, we simply gave the politicians more money and more authority.  In return, we asked them to do more for us and to provide us with more free goodies.  So, as I have said many times, we sold our birthright for entitlements and pork barrel spending.  As the money and power grew, the two political parties grew.  It wasn't too long before even our state and local officials became part of the process.  The huge power concentration at the national level used its money to bring the state/local level officials into line.  If you played along, they would give you a chance to go to Washington at the next available opening.  And so, the power of the two parties, the Democrats and the Republicans grew ever greater! 

  In the rebellious decade of the sixties, the power of the Democrats and Republicans was shaken a little.  Men like Ralph Nader challenged the backroom politicians who were making deals and crowning Presidents.  In a successful effort to thwart the potential of new parties, the Democrats and Republicans started using primary elections to select their Presidential candidates.  This clever maneuver was a diversion that had the people thinking that they were in charge.  In reality, the power remained with the parties while the candidates who wanted to run vied for the nomination of their respective party.  Once the people chose a candidate to run  against the opposition's choice, the influence of the people was minimized as the party took over inorder to be able to mount a nationwide campaign. 

  The costs of  a Presidential campaign has steadily increased, accomplishing a number of things important to the parties.  First, it limited the ability of third parties to mount an effective campaign because they have never been as large as the Democrats or Republicans, and even with a wealthy candidate (such as Ross Perot in 1991) it would be hard to raise enough cash.  Secondly, it tied the Presidential nominee to the organization and money that only a national based party could provide.  Thirdly, it increased the associated costs of running for the Senate or House, and the various state/local offices, thereby binding those candidates to the Presidential nominee and the national party once again.  In the end, the two major parties became strong enough to have, in effect, rigged the election process that assures them a virtual lock on power.

  This seemingly impregnable fortress of political power has had its consequences for the nation.  These elites have convinced us as well as themselves that they alone are capable of ruling and that there are no other choices, nowhere else to go.  With that attitude prevalent throughout the political world, and embraced by a complicit media, the two parties no longer fear being held accountable.  Since there is no accountability, they are free to engage in partisanship and fail to provide leadership.  In this atmosphere, they openly pursue their own agenda, and disdain the Constitution, rule of law, and will of the people, using those terms only as propaganda when convenient.

   Now it becomes clear how we were duped.  The two parties now control all of politics right down to the local level.  They dictate how much power is allowed at the various levels of society because they control every office and judgeship. An excellent example of this is the current battle going on in Hazelton, Pa.  In this pleasant Pennsylvania town, the local people tired of the influx of illegal immigrants for many reasons.  The mayor and town council realized that the federal government had not and would not do its job of  stopping illegal immigration.  In an effort to protect their town and exercise their right to live as they choose to and regulate their own community, they decided to enact laws that would stop illegal immigration into their community. 

  They were immediately sued by outside organizations and prevented by courts from implementing their plan.  The reason given for both actions is that they are
violations of federal laws!  The will of the people to regulate their own lives and to govern themselves as a free people has been denied to the citizens of Hazelton, Pa.  The Constitution is mocked, and the rule of law has been corrupted.  By no stretch of the imagination does the federal government have any right to tell the people of a particular state or locality that they can or cannot enact laws that sustain their way of life!  Yet, in this case, that is exactly what has happened, and it occurs in every aspect of our lives every day.

  This usurpation of the rights of the people, this taking away from them the power granted to them by the Constitution, the same document that limits the power of the federal government, has been accomplished at the hands of a political elite.  These individuals have concentrated power into their own domain, and the concept of federalism has been subjected to their interpretation.  Unless and until the American people rise up and reclaim their inheritance by exercising the authority given them by the founding fathers, the government is going to grow ever larger while personal freedom will continue to decline.

  The way to break this cycle of partisan power, and restore the correct understanding and application of federalist principles is to not elect another Democrat or Republican in the 2008 election.  If we do so, I guarantee that we will move further away from the basic values and principles of this nation as originally intended.  As a candidate, I have in the pages of this website, particularly my Campaign Platform, laid out specifically how we can begin to restore those principles.  I firmly believe we can reclaim our brithright and govern ourselves as a free people, but we must have faith and courage. 
We must be willing to reject the propaganda of the two parties, reject the old prejudices that keep us tied to them, and choose to be free.  We are certainly capable of doing it!  Will we?

                       
 
"I consider the foundation of the Constitution as laid on this ground that 'all powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.'  To take a single step beyond the boundaries thus specially drawn around the powers of  Congress, is to take possession of a boundless field of power, not longer susceptible of any definition."
                                                             Thomas Jefferson
        
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