Federalism

And when the night is cold and dark
You can see, you can see light
'Cause no one can take away your right
To fight and to never surrender
--Corey Hart

State pushback against the federal health care law continues to escalate. In Virginia, a federal judge has declared the insurance purchase requirement to be unconstitutional. Another 25 states have sued the federal government asking various federal judges to invalidate the statute. Six states are preparing to declare the health care law uncontitutional and defy the federal government outright.

Judge N observes that this defiance of the federal government by the states is unprecedented in modern times. It indicates that there is still some semblance of federalism present in our system. Our country was founded as a federation of states--13 sovereign entities that decided it was in their best interests to delegate limited authority to a central government so that the federation would operate more effectively. The limits of that central government authority are specified in the Constitution.

As expressed by the Tenth Amendment, those powers not expressly delegated to the federal government by the Constitution remain with the states and with the people.

A federalistic design enables markets to be made for various policies enacted by the states. If you like the socialistic style health care system offered by Massachussetts then you can move there. If you don't like the high taxes in your locale, then you can shop for one with lower taxes. Those states that 'sell' policies that citizens aren't willing to 'buy' must adapt to market demands, lest they risk losing their 'customers.'

Federalism preserves free choices.

Since the Civil War, and particularly since the rise of the Progressive movement in the early 20th century, the federal government has been trampling on state sovereignty. It has been suggested that the passage of the Sixteenth Amendment in 1913, that granted the federal government virtually unlimited power for taxing incomes with no commensurate regard for tax revenue distribution among the states, decisively tilted the scales of power away from the states and toward the federal government.

Perhaps the oppressive actions of the federal government w.r.t. health care have awakened long dormant desire for sovereignty among the states. If so, a revival of federalism could help reverse our march toward socialism and point us once more in the direction of freedom.