Yes, Virginia--There Is A Tenth Amendment

Despite the heavy coverage of the federal elections and the Republican takeover of the House of Representatives, there is another story that is equally important. Republicans made huge gains in state legislatures and governorship, and many are spoiling for a fight that will stop the federal juggernaut from taking over every aspect of government and our lives.

Those who don't understand the word "federal" in federal government are equally determined to keep Leviathan in charge of everything. Leading the battle to wrest back the power granted to the states by the Constitution are the governors of Mississippi, Virginia and New Jersey, with several others joining the fray. They are pushing their legislatures to enact legislation designed to stave off the plans to mandate immense federal programs which provide instructions but no funding. It isn't bad enough that the federal government has put the entire United States into fiscal hell, but they are equally drunk with a power that would bury the states in debt as well.

Nero fiddled while Rome burned, and Democratic Governor Blanco of Louisiana boo-hooed while New Orleans flooded. Assisted by the complete inaction of the Democratic mayor of New Orleans, New Orleans became a wet wreck which hasn't entirely recovered to this day. And according to them, it's all the fault of George Bush who didn't render aid after Katrina hit. Ignoring the fact that under the Constitution, no president can act to bring in troops and federal assistance until requested by the governor of the state, how do they explain the preparation and recovery of their next-door neighbor--equally hard-hit Mississippi? They can't. But we can. The proud state and its Republican governor prepared for the worst, evacuated low-lying areas, had their national guard and state resources ready to move, and asked for federal assistance with specific goals in mind the moment the hurricane hit. That governor was Haley Barbour.

Barbour first broached the idea of governors utilizing their extensive powers to thwart President Obama's agenda while Congressional Republicans recover from their victory. That victory will not mean much until the current lame duck term expires next year. He, along with several of his fellow governors, believes that waiting for Congress to act might make it too late to stop the Katrina-level federal takeover of the economy. Governor Bob McDonnell of Virginia and Governor Chris Christie of New Jersey believe that if the states act first, federal involvement will be lessened. Furthermore, with a Republican House taking power in January, there will be less determination in Congress to co-opt the rights of the states to solve their own problems.

When asked about the proposal to establish a new congressional committee to have jurisdiction over the entire government to make spending cuts, he replied "they don't need a committee--they need action--they need to make cuts." And all three believe the states can show the way by making the cuts now. All three have faith in the people of their states to accept government spending cuts right now. McDonnell says the states should lead the way by cutting their own spending and holding or reducing tax rates at the same time. He believes that this might just push the Congress into continuing the Bush tax cuts for all classes, reduce capital gains taxes and concentrate on private job creation. At the same time he thinks the mutual action at state and federal levels might just cause Congress to re-think how the federal government burdens the states.

Barbour advocates even more direct and positive action by suggesting that governors should go to Washington and work with Congressional Republicans to craft draconian cuts to the federal budget and encouraging them to act at the earliest possible time. He further suggests that a showing of state willingness to sacrifice could be transferred to House members with some hefty encouragement from the governors. He and the other two governors (along with several who haven't formally signed on to the concept) believe that the landslide that occurred in the House was actually not as significant as the fact that Republicans took control of twenty legislatures from the Democrats. That is the biggest turnover since 1928.

McDonnell says to House members-elect: "Given the overwhelming tide at the state level, it really is time for an honest and robust discussion about federalism. What does the Tenth Amendment really mean? Part of the reason you've got this long-term deficit is you keep legislating in areas that you shouldn't be in (emphasis added)." He goes on to say: "Stick to what the federal government is supposed to do. Do that well--fund it well--but stay out of areas that are traditionally reserved for the states (emphasis added). Let us manage those areas." He sees clearly that if Congress is busy deciding where it can cut things like the military budget (part of its constitutional mandate) while at the same time trying to micromanage and mandate things like state MedicAid, nothing will be done properly.

McDonnell was also asked about California. The likelihood is that with the Democratic sweep in that state (the attorney general position notwithstanding), and Jerry Brown as governor, the state will go bankrupt. Should the federal government bail California out? True to his federalist beliefs, McDonnell says: "Absolutely not. I don't subscribe to 'too big to fail.' There's no obligation of the United States to bail them out." He points out that Meg Whitman had the best plan available for California to get itself out of debt, and the people rejected her. So, they've made their bed, now let them lie in it. As a Californian who will be severely impacted by the impending bankruptcy, I say "more power to McDonnell and the federalists."

California can continue to consider itself to be lotus land, largely because unlike other states, California has no balanced budget requirement. When offered that amendment to the state constitution, the people rejected it. So now they can just wallow in debt, at least until the bills come due. The state is already borrowing money from the federal government to pay for its state unemployment benefits. And that's aside from the federal extensions which have kept many Californians too comfortably afloat.

Jed Babbin at The American Spectator suggests that Republican leaders in both the House and the Senate should convene closed-door meetings with Barbour, McDonnell, Christie and other fiscally-conservative governors to make plans to deliver on their campaign promises to reduce the size of the federal government, maintain the Bush tax cuts and cut spending. "And the doors shouldn't be reopened until they come up with a bicameral plan of action that will deliver what the voters said they wanted on November 2: real cuts, real restraint of government spending and a concise plan that all of them can put into legislation that will pass the House in January."

That fits in with the worry we've expressed on this site about the Republicans not having a coherent plan for Congressional action. They could learn a great deal about both good governance and practical politics from these governors. And it would also solve the problem of Republicans being saddled with the phony charge of being the "party of no." First, it establishes that Republicans really do have a plan, and want to act at the earliest possible time. And yes, it also recognizes that the loathsome Harry Reid will lead his still-Democratic Senate to stop the plans.

And when Reid acts, the roles become reversed, and the Democrats become the party both of "no" and "know nothing." Republicans will be seen as acting on the will of the people, and successfully pursuing those goals in the House, while recalcitrant statist socialist Democrats in the Senate will use every dirty trick in the book to block the House and the people. And with the Republicans taking the initiative, any resulting "government shutdown" will be clearly seen as the fault of the Democrats (Senate and White House) rather than the blame being placed on Republicans as it was during the Clinton administration.

In the immortal words of the great poet Jim Morrison, "the time to hesitate is through--no time to wallow in the mire." Republicans must get their heads together, form a coherent plan, link arms, and march. What a refreshing change that would be. The states working with the federal government instead of the states working for the federal government. 'Tis a consummation devoutly to be wished.