
Constitutional Competition
by Karen Hyatt
The U.S. Constitution is truly a work of inspired genius. One of the most brilliant aspects of this great document is that, by limiting federal powers, it fosters competition between the states. In order for our nation to prosper, competition between states is as necessary as competition between businesses.
Let me illustrate, using eggs as my example.
The reason that eggs do not cost $100 per dozen is that if any store tried to charge that much, a neighboring store would charge less, forcing the first store to lower its price in order to attract customers. Prices eventually settle at a level that is acceptable to the consumer yet profitable for the store owner. Perhaps one store can charge slightly more for its eggs because it is cleaner or because the employees are friendlier. As long as stores are allowed to compete, the price of eggs will be relatively low, and store quality will be relatively good.
The U.S. Constitution was designed to foster that same sort of competition between the states. It grants the federal government very few responsibilities, leaving the vast majority of decisions to individual states. In fact, the tenth amendment was added to the Constitution to specifically reiterate this principle: "The powers not delegated to the United States [the nation of states--in other words, the federal government] by the Constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people."
Since each state hopes to attract residents who will build homes, purchase goods, pay taxes, and otherwise contribute to its economy, each is motivated to strive for the best balance between services and taxes. If a state is high on taxes but low on services, residents are inclined to move their families (and their money) elsewhere. If regulations are burdensome and customers are few, businesses will likewise relocate to a state that is friendlier toward industry.
Unfortunately, the federal government, through unconstitutional legislation, has taken so much power out of the hands of the states that it has effectively obliterated any chance for real competition.
Just how much power have they taken away? Article 1, Section 8, of the Constitution enumerates the powers to which Congress is entitled. I will paraphrase them here:
• The power to tax states in order to pay for the nation's defense and "general welfare" 1 ;
• To borrow money;
• To regulate international and interstate commerce;
• To establish naturalization laws and bankruptcy laws;
• To coin money [meaning the stamping of precious metals into coins of uniform size and purity] and to fix a standard of weights and measures;
• To punish counterfeiting;
• To establish post offices and post roads;
• To issue copyrights and patents;
• To establish lower courts;
• To punish piracy and felonies committed at sea, as well as international crimes;
• To declare war and to grant "letters of marque and reprisal" [documents permitting a private agent to hunt, capture, or destroy a designated enemy];
• To raise armies and support them for up to two years;
• To maintain a navy;
• To make rules for regulating the armed forces;
• To call up the militia to enforce national laws, suppress insurrections, and repel invasions;
• To organize, arm, and discpline the militia; to govern any part of the militia that is engaged in national service [though the states are to appoint the officers and do the training];
• To legislate matters concerning the seat of national government [the District of Columbia] as well as any lands purchased by the federal government for forts, arsenals, dockyards, etc.;
• To make all laws necessary for carrying out the federal powers granted by the Constitution.
As I said, I have paraphrased here in order to simplify, and you may have some disagreements on some of my interpretations, so I encourage you to read the Constitution, and specifically Section 8, on your own. As you do, you will find that there is no mention of education, private salaries, government handouts, or numerous other items that could be named. Power over those and nearly every other issue you can think of was to remain with the states or with individuals.
Unfortunately, we are now subject to federal dictates governing everything from building codes, insurance requirements, and private wages to school curriculum, cell phones, and light bulb wattage. This federal intrusion has effectively destroyed competition, preventing any of the states from offering a significantly different style of government than the others and resulting in universally burdensome taxes and inefficiency at all levels of government.
We must get the federal government out of education, welfare, banking, private industry, and all other areas not specifically mentioned in the Constitution. We must return power to the states if we hope to see our quality of life improve, rather than diminish, over the coming months and years.
Toward this end, I encourage you to diligently seek out and promote constitutionally-minded congressional candidates who will uphold their oath to support and defend the Constitution and guide our country back to its founding principles. SaveCongress.org was created to help you do exactly that.
Please help us spread the word.
Karen Hyatt is a freelance writer and editor, currently serving as a state delegate in Utah's 3rd congressional district.
Helping put patriots in Congress
Footnotes:
1. Some seem to interpret the phrase "general welfare" to mean "anything that does anyone any good." This is such a gross misinterpretation that it should not need refuting. If this two-word phrase gave Congress permission to do anything that it felt was beneficial, then why would the founding fathers have spent so much time and effort crafting the rest of the Constitution? Since the duties enumerated in this very section would be unnecessary, this definition of "general welfare" must be rejected by even the most casual student of the Constitution.
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