One of the central problems of our country is the loss of the vertical separation of powers intended by the Constitution. Though most know of the horizontal separation between the three branches of the federal government, few are aware of the vertical relationship between the federal government, the states andthe people that was set forth in the Constitution. This truth can be seen from a careful reading of the Federalist Papers.

     The vertical is between the federal, the state and We the People. The balance has been lost because the state has been emasculated by the 16th and 17th amendments and the resulting atrophy of the 10th amendment. These two amendments were ratified in 1913, at a time in our country where people had forgotten the oppression of tyranny that led to the American Revolution. Lulled into a false complacency regarding the inherent dangers of government power, and particularly centralized power, the states were willing to hand over to the federal government their role as protectors of the People.

     The arrogation of power by the federal government, enabled by the willing and thoughtless relinquishment of power by the states and the people, has produced a harmful imbalance in our constitutional protections. By following the proposed changes below, we can restore the vertical separation of powers envisioned by the founding fathers and set forth in the Constitution.

(1) Pass the 10th Amendment Implementation Act (or Constitutional Amendment)

Congress shall have no power to authorize or provide any
money to any State for any purpose for which power is not
explicitly vested in the Government of the United States
by this Constitution.
 
This change would prevent the federal government from bribing the states to comply with federal goals that are not within federal power. By offering the states money only if they follow the federal government's wishes, the federal government has bought off the states, which don't have the moral courage to resist the offer of money. (Of course, the federal government wouldn't have an excess of money if it weren't for the 16th Amendment.)

(2) Repeal the 16th Amendment.

This would (a) limit the ability of the federal government to fund its powerlust, and (b) return state power by interposing the state between the federal government and the people. The federal government would then be funded as originally set forth in Article 1, sec. 2, par. 3 of the Constitution, that is, "apportioned among the several States which may be included within this Union, according to their respective Numbers."

(3) Repeal the 17th Amendment.

This would return to the states the power over the federal government that they no longer have at all. Though the House would be elected by the people, Senators would be chosen by a deliberative body. This would also inhibit the ability of the media and special interests to influence national politics. Senators would again be elected according to Article 1, sec. 3, par. 1 of the Constitution, "chosen by the Legislature" of each state.

This message of restoring the vertical separation of powers needs to get out. It is a concept that can be easily grasped. And when put into action, it will return to the states that protection of the citizen that is missing in these United States today.

---

Go to letter to RNC  entitled Former Loyal Republican Checks In

Return to top of page

Preble Law Firm             2120 State Ave NE            Olympia, WA 98506

http://www.olywa.net/PrebleLaw              preble@olywa.net