Federalism Denied

In last Wednesday's post, "Politics, Locally-Sourced," I urged readers to become more interested in and educated about their local and state governments.  A keystone of modern conservative political philosophy (and of the classical liberalism of the Framers) is decentralization, the idea that power should be spread broadly, both in terms of population and geography.  Due to the massive power the federal government accrued during and after the Second World War, decentralists also argue that power should devolve from the federal government back to the States.  The federal government, of course, plays an important role in maintaining the national defense, conducting foreign affairs, and regulating interstate commerce, among a number of other constitutionally delineated areas, but a great deal of power is reserved for the States in the X Amendment.

The X Amendment reads thus:  "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."  Clearly, then, where the Constitution is silent, the States are reserved broad powers.  They cannot become dictatorial--their constitutions must not conflict with the national supremacy of the US Constitution--but they can have broad latitude in determining statewide regulations, taxes, and the like.

In theory, at least, this federalist structure is how our nation is supposed to operate, and it manages to do so, despite significant hobbling from the federal government.  Congress has forced upon the States a number of unfunded federal mandates.  Essentially, a large portion of State budgets are consumed with fulfilling orders from Washington, D.C., without any form of assistance.  Additionally, States are often coerced into adopting certain policies or passing certain laws, lest the federal government withdraw their funding (this tactic was used to increase the drinking age from 18 to 21--not necessarily a bad thing, but the means matter almost as much as the ends; such coercion circumvents the proper amendment process).

What brought about this change, and how can we reverse it?  How can we restore the proper balance between the States and the federal government?

There are no easy answers here, and the centralization of power in the federal government occurred for a complicated host of reasons:  the acceptance of a desperate people of a greater role for the government in the economy during the Great Depression; the (temporary) success of a massively planned economy during the Second World War; the massive expansion of the welfare state during the Great Society; the (necessary) fight at the national level to protect the civil rights of black Americans; and more.

However, I would argue that a major source of this problem was the passage of the XVII Amendment.

The XVII Amendment replaced the old system of selecting senators with their direct election.  Prior to its passage, senators were selected by their state legislatures, which were themselves chosen in local elections.

There are a number of compelling arguments for why this amendment was adopted.  For one, many states had already moved to a de facto system of direct election, in which voters essentially "elected" their senator, and the state legislatures were duly pledged to vote in accord with the people's choice.  Also, there were several scandals in which senate candidates merely bribed state legislators for their votes.  Finally, many state legislators found that voters cared more about who the legislators would elect to the Senate, not what they thought about state problems.

You can review these arguments in a (rather condescending) piece from Slate by David Schleicher entitled "States' Wrongs."

"[T]he States no longer have a constitutional role in the federal government."

However, while there certainly appeared to be need for reform in senatorial elections, many of these problems still persist.  Voters are still overly-fixated on national politics, even more so than voters in the late nineteenth and early twentieth centuries.  If anything, state elections are even more focused on national issues than they were before.  Special interest groups still manage to exert influence over the Senate, and can do so even more effectively by whipping up voters.

Most importantly, though, is that the States no longer have a constitutional role in the federal government.  The Senate used to serve as the representative of the States' interests, while the House still operates as the representative of the people's interests.  Now the people have direct influence over both branches of Congress, and an important, necessary brake on the fickle will of the majority is gone.

States' rights has become an ugly phrase, associated as it is with slavery and segregation.  However, just because states' rights has been invoked to defend the indefensible doesn't mean that it isn't a good idea.  The States function as an important bulwark against tyranny, and federalism affords many opportunities for policy innovation and experimentation--Louis Brandeis's "laboratories of democracy."  Also, the geographical, ethnic, religious, and cultural diversity of the United States practically demands states' rights, as different States have different needs, goals, and desires.

Repeal of the XVII Amendment is extremely difficult and unlikely:  people like to vote (actually, people like to know they can vote, even if they often choose not to do so).  But Congress, specifically the Senate, can do much to keep the further expansion of federal power in check.  Senator Ben Sasse of Nebraska is spearheading this effort through his speeches, delivered from the Senate floor, about the proper role of the Senate and its obligation to be an august, contemplative chamber.

We, the people, can also take steps to become more involved in state politics.  Ultimately, the drive to restore federalism starts with us.

***

For more information about the XVII Amendment and different approaches to addressing it, here are some resources:

The Campaign to Restore Federalism (pro-repeal of the XVII Amendment):  http://www.restorefederalism.org/

"Repeal the 17th:  Problems to Address" by constitutional scholar Rob Natelson:  http://tenthamendmentcenter.com/2013/08/26/repeal-the-17th-problems-to-address/

"Repeal the 17th Amendment?" by Gene Healy of the Cato Institute (great piece that is sympathetic to the idea, but recognizes the political problems involved):  http://www.cato.org/publications/commentary/repeal-17th-amendment

"States' Wrongs" (mentioned above) by David Schleicher of Slate (anti-repeal, with some interesting historical background and a lot of elitist sneering at movement conservatives):  http://www.slate.com/articles/news_and_politics/jurisprudence/2014/02/conservatives_17th_amendment_repeal_effort_why_their_plan_will_backfire.html

Politics, Locally-Sourced

Yesterday was election day in Florence, South Carolina, and in other localities throughout the state.  Specifically, there were a number of primaries, both Democratic and Republican, for various local and statewide seats, including an exciting State Senate race for my district, SC-31.  That race saw a long-serving incumbent, Senator Hugh Leatherman, face challenges from local insurance agent Richard Skipper and current Florence County Treasurer Dean Fowler, Jr.  This race was of particular interest because of the huge sums of money spent on it, as well as Governor Nikki Haley's injection into the race (she endorsed Richard Skipper).  Ultimately, Senator Leatherman retained his seat for another term (he's currently been serving in the SC State House and/or Senate for thirty-six years) handily, with a respectable showing from Mr. Skipper.

(For detailed results of yesterday's elections throughout the Pee Dee region, click here.)

 

Mmm... sweet, delicious numbers.

(Source:  http://wpde.com/news/election-results; screen-shot taken at 10:09 PM, 14 June 2016)

For all that time, money, and effort, 10,953 voters cast ballots (according to returns from WPDE.com).  In essence, those voters picked the State Senator (as there is no Democratic challenger, Leatherman will run unopposed to retain his seat in November).  I don't know the exact number of eligible voters in SC-31--it's a strange district that includes parts of Florence and Darlington Counties--but I would wager there are far more than 10,953.

Turnout for primaries, especially off-season and local ones, is typically very low.  Voters in these primaries tend to be more involved politically and more informed about local politics... or they happen to be friends with a candidate.

It's often said that politics, like much else in life, is all about relationships.  This quality is what gives local elections their flavor, and what keeps candidates accountable to their constituents.  In other words, it's usually good that we know the people we elect to serve us, or at least to have the opportunity to get to know that person.

Indeed, our entire system is designed to work from the bottom-up, not from the top-down.  As I will discuss on Friday in a longer post about the concept of popular sovereignty (written in response to comments about last week's post "American Values, American Nationalism"), this does not mean that we don't occasionally entrust professionals to complete the people's work--after all, I wouldn't want a dam constructed by an attorney with no background in hydroelectric engineering.  But it does mean that ultimate political authority derives from the consent of the governed--from "We, the people."

In the late 18th and early 19th centuries, Americans often knew very little about the goings-on in the nation's capital.  Washington, D.C. was largely seen as a distant, almost alien place that served an important role in foreign policy and in times of national crisis, such as war, but few people followed national politics too terribly closely.  Indeed, even presidential candidates were nominated by state legislatures or party caucuses, and were elected at conventions by national delegates (as opposed to the current system of "pledged delegates" that exists in conjunction with democratic primaries).

"[U]ltimate political authority derives from the consent of the governed--from 'We, the people.'"

Instead, most Americans' focus was on local and state politics, because those were the levels of government that most affected their lives.

Today, that relationship is almost completely inverted.  Due to a complex host of factors--the centralization of the federal government; the standardization of mass news media to reach a national scope; the ratification of the XVII Amendment and the subsequent breakdown of federalism--Americans now know far more about national politics than they do local or statewide politics.

The irony is, the national government is where everyday people have the least influence, and where it is the hardest to change policy.  Also, changes in national policy affect all Americans.  What might work well in, say, Pennsylvania could be a poor fit for South Carolina or Oregon.

At the local level, though, Americans can have a great deal of impact--they can more easily talk to their city councilman than their congressman (although I would like to note that SC-7 Congressman Tom Rice is one of the most accessible and approachable people I've ever met).

Let's follow the trends in dining and shopping and go local.  Learning more about local politics is healthy for the body politic, and is one small but effective way we can begin to restore the proper balance and focus between the people, the States, and the federal government.