COLUMN: States rights are essential to a strong U.S. republic
One of the essential, unique characteristics of our republic is the existence of strong state governments. James Wilson, signer of both the Declaration of Independence and the U.S. Constitution, explained, “From the very nature of things, and from the organization of the system itself, the state governments must exist, or the general governments must fall amidst their ruins.” It is important that the state governments remain strong. To ensure this, the proper balance between the state and federal governments must be maintained.
When the Framers of our Constitution drafted that remarkable document, they went to great lengths to ensure the national government would not be too powerful. While they knew it would be important to have a strong central government for our nation to survive, they also understood it would be dangerous for that government to be too powerful. They also knew the people would maintain the greatest degree of freedom if the level of government that would have the greatest level of impact on their lives would also be the closest.
In order to ensure this, the Framers clearly defined the areas in which the national government would have authority. Later, the Tenth Amendment made it clear that “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.”
James Madison, in The Federalist No. 45, explained, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite.” Madison further explained the role of the federal government would be primarily dealing with “external objects as war, peace, negotiation, and foreign commerce,” while the states would be responsible for “all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the state.”
One of the greatest checks provided by the Framers to prevent the national government from taking power from the states was the Senate. Article 1: Section 3 of the Constitution mandated that “The Senate of the United States shall be composed of two Senators from each state, chosen by the Legislature thereof.” This was done for a variety of reasons. One of those reasons was to provide a link between the state governments and the federal government. The senators would be expected to represent the interests of the states. The Senate would have the power to stop any law proposed by the House of Representatives that would allow the federal government to exercise control over the states.
Unfortunately, this important check was eliminated in 1913 by the Seventeenth Amendment. That amendment mandated that senators be chosen directly by the people, a provision that many of the Framers warned would be destructive of the balance of power between the national government and the states. Fisher Ames, a member of the Massachusetts state convention to ratify the Constitution and later a member of the House of Representatives, warned the direct election of senators by the people would “totally obliterate the federal features of the Constitution. What would become of the state governments, and on whom would devolve the duty of defending them against the encroachments of the federal government?”
This mistake has made it much more possible for all three branches of the federal government to exercise more authority over the states. The result has been a larger, more intrusive, and less efficient national government. The growth of the federal government has also served to greatly weaken the power of the states. Originally, the national government was to be dependent on the states. Gradually, that balance has been lost as states have become increasingly more dependent on the federal government.
A crucial step in returning power to the states is the repeal of the Seventeenth Amendment. It is also essential that the states become more independent and resist attempts of the federal government to extend its power into areas in which the states should be responsible. This would help reduce the size of the federal government and increase the freedom of American citizens.
Colby Lyons is a senior majoring in law and constitutional studies. Comments can be sent to him at c.lyons@aggiemail.usu.edu