Citizen v Federal Government
by
Matt Giwer (c) 1995 <3/19>
There are two views of the
current attempt to reverse the trend toward the absolute
superiority of the federal government over all levels of this
country. The first is that we are working to make it return that
power through voting for members of Congress. The other is that
we are working to take back that power.
Although these read
similarly, there is a significant difference. The former admits
the power was theirs to take in the first place. The latter does
not concede that power to the federal government.
As the old objection to
federal power was held, the power to give is the power to take --
where better illustrated than in today's liberal howls of taking
back some of the largesse. The same observation applies to power
itself, the power to give it back implies the power to take it
some time in the future.
My position is that the
federal government never had the "power to take new powers" in
the first place. The power to control state and local government
was never given to it in the first place. The only way they can
"give it back" properly is with apologies and the promise that it
will never happen again. But that is not what we are getting.
What we are getting is
piecemeal returns with discussions over degree rather than any
admission there was no right to take those powers in the first
place. That admission would be the apology that is required.
Rather in the presumption the return of those powers is at the
option of the federal government we are getting no change.
What we got from the 1994
elections was at best a conditional surrender. It was an
agreement to try to change some things with a few specifics that
amount to a statement that the balance between federal power and
state and local power is at the whim of the federal government.
What it is the power of the federal government to return it is
their power to take again.
In the mean time the
supporters of the new Congress are showing all the signs of
admitting dependence upon that Congress for their freedoms in
ceasing other means of reasserting legitimate local powers
regardless of federal government actions. The 10th amendment
resolution has lost its impetus. Western states are taking a
wait and see attitude on a change in the way federal lands are
managed. The call for a constitutional convention is a dead
issue despite Congress refusing so submit a balanced budget
amendment to the states.
In accepting this
conditional surrender we have ceased taking the actions that
forced it in the first place. Unconditional surrender is a better
policy. We need to redouble our efforts toward using our power
as citizens of our states to continue to the give the federal
government only one alternative, either return those powers with
apologies or they will be taken back.
A constitutional
convention may appear to some to be cutting off one's nose to
spite Congress but if Congress agrees it would not be a good
thing to have then Congress will do what such a convention would
do. And let it be a race to see which does the right thing
first; not a wait and see approach as we have.
This needs to be a race
between Congress giving back and the people taking back. And in
competing in that race Congress will be admitting it had not the
power to take in the first place. That may be the best we get.
1994 was only the first skirmish in a war that is far from won.
We can not win it if we forget the war is for our rights not for
what rights we can get Congress to recognize based upon who we
vote into office each year.
At the moment the 10th
Amendment resolution has the inertia. The resolution should be
considered the prelude to a call for a constitutional convention
to strengthen the current 10th amendment "and such other matters
as the convention shall deem appropriate." If Congress will not
renounce its unconstitutional powers then they will be taken from
it.