CHAPTER THREE States’ Rights

The Governor of New York, in 1930, pointed out that the Constitution

does not empower the Congress to deal with “a great number of ... vital

problems of government, such as the conduct of public utilities, of

banks, of insurance, of business, of agriculture, of education, of

social welfare, and a dozen other important features.” And he added

that “Washington must not be encouraged to interfere” in these areas.

Franklin Roosevelt’s rapid conversion from Constitutionalism to the

doctrine of unlimited government, is an oft-told story. But I am here

concerned not so much by the abandonment of States’ Rights by the

national Democratic Party--an event that occurred some years ago when

that party was captured by the Socialist ideologues in and about the

labor movement--as by the unmistakable tendency of the Republican Party

to adopt the same course. The result is that today _neither_ of our two

parties maintains a meaningful commitment to the principle of States’

Rights. Thus, the cornerstone of the Republic, our chief bulwark

against the encroachment of individual freedom by Big Government, is

fast disappearing under the piling sands of absolutism.

The Republican Party, to be sure, gives lip-service to States’ Rights.

We often _talk_ about “returning to the States their rightful powers”;

the Administration has even gone so far as to sponsor a federal-state

conference on the problem. But deeds are what count, and I regret

to say that in actual practice, the Republican Party, like the

Democratic Party, summons the coercive power of the federal government

whenever national leaders conclude that the States are not performing

satisfactorily.

Let us focus attention on one method of federal interference--one

that tends to be neglected in much of the public discussion of the

problem. In recent years the federal government has continued, and in

many cases has increased, federal “grants-in-aid” to the States in a

number of areas in which the Constitution recognizes the exclusive

jurisdiction of the States. These grants are called “matching funds”

and are designed to “stimulate” state spending in health, education,

welfare, conservation or any other area in which the federal government

decides there is a need for national action. If the States agree to

put up money for these purposes, the federal government undertakes to

match the appropriation according to a ratio prescribed by Congress.

Sometimes the ratio is fifty-fifty; often the federal government

contributes over half the cost.

There are two things to note about these programs. The first is

that they are _federal_ programs--they are conceived by the federal

government both as to purpose and as to extent. The second is that

the “stimulative” grants are, in effect, a mixture of blackmail and

bribery. The States are told to go along with the program “or else.”

Once the federal government has offered matching funds, it is unlikely,

as a practical matter, that a member of a State Legislature will turn

down his State’s fair share of revenue collected from all of the

States. Understandably, many legislators feel that to refuse aid would

be political suicide. This is an indirect form of coercion, but it is

effective nonetheless.

A more direct method of coercion is for the federal government to

_threaten_ to move in unless state governments take action that

Washington deems appropriate. Not so long ago, for example, the

Secretary of Labor gave the States a lecture on the wisdom of enacting

“up-to-date” unemployment compensation laws. He made no effort to

disguise the alternative: if the States failed to act, the federal

government would.

Here are some examples of the “stimulative” approach. Late in 1957

a “Joint Federal-State Action Committee” recommended that certain

matching funds programs be “returned” to the States on the scarcely

disguised grounds that the States, in the view of the Committee, had

learned to live up to their responsibilities. These are the areas

in which the States were learning to behave: “vocational education”

programs in agriculture, home economics, practical nursing, and the

fisheries trade; local sewage projects; slum clearance and urban

renewal; and enforcement of health and safety standards in connection

with the atomic energy program.

Now the point is not that Congress failed to act on these

recommendations, or that the Administration gave them only half-hearted

support; but rather that the federal government had no business

entering these fields in the first place, and thus had no business

taking upon itself the prerogative of judging the States’ performance.

The Republican Party should have said this plainly and forthrightly and

demanded the immediate withdrawal of the federal government.

We can best understand our error, I think, by examining the theory

behind it. I have already alluded to the book, _A Republican Looks

at His Party_, which is an elaborate rationalization of the “Modern

Republican” approach to current problems. (It does the job just as

well, I might add, for the Democrats’ approach.) Mr. Larson devotes

a good deal of space to the question of States’ Rights. He contends

that while there is “a general presumption” in favor of States’

Rights, thanks to the Tenth Amendment, this presumption must give

way whenever it appears to the federal authorities that the States

are not responding satisfactorily to “the needs of the people.” This

is a paraphrase of his position but not, I think, an unjust one. And

if this approach appears to be a high-handed way of dealing with an

explicit constitutional provision, Mr. Larson justifies the argument by

summoning the concept that “for every right there is a corresponding

duty.” “When we speak of States’ Rights,” he writes, “we should never

forget to add that there go with those rights the corresponding States’

responsibilities.” Therefore, he concludes, if the States fail to

do their duty, they have only themselves to blame when the federal

government intervenes.

The trouble with this argument is that it treats the Constitution of

the United States as a kind of handbook in political theory, to be

heeded or ignored depending on how it fits the plans of contemporary

federal officials. The Tenth Amendment is _not_ “a general assumption,”

but a prohibitory rule of law. The Tenth Amendment recognizes the

States’ _jurisdiction_ in certain areas. States’ Rights means that the

States have a right to act or _not to act_, as they see fit, in the

areas reserved to them. The States may have duties corresponding to

these rights, but the duties are owed to the people of the States, not

to the federal government. Therefore, the recourse lies not with the

federal government, which is not sovereign, but with the people who

are, and who have full power to take disciplinary action. If the people

are unhappy with say, their State’s disability insurance program, they

can bring pressure to bear on their state officials and, if that fails,

they can elect a new set of officials. And if, in the unhappy event

they should wish to divest themselves of this responsibility, they can

amend the Constitution. The Constitution, I repeat, draws a sharp and

clear line between federal jurisdiction and state jurisdiction. The

federal government’s failure to recognize that line has been a crushing

blow to the principle of limited government.

But again, I caution against a defensive, or apologetic, appeal to

the Constitution. There is a _reason_ for its reservation of States’

Rights. Not only does it prevent the accumulation of power in a central

government that is remote from the people and relatively immune from

popular restraints; it also recognizes the principle that essentially

local problems are best dealt with by the people most directly

concerned. Who knows better than New Yorkers how much and what kind of

publicly-financed slum clearance in New York City is needed and can be

afforded? Who knows better than Nebraskans whether that State has an

adequate nursing program? Who knows better than Arizonans the kind of

school program that is needed to educate their children? The people

of my own State--and I am confident that I speak for the majority of

them--have long since seen through the spurious suggestion that federal

aid comes “free.” They know that the money comes out of their own

pockets, and that it is returned to them minus a broker’s fee taken by

the federal bureaucracy. They know, too, that the power to decide how

that money shall be spent is withdrawn from them and exercised by some

planning board deep in the caverns of one of the federal agencies. They

understand this represents a great and perhaps irreparable loss--not

only in their wealth, but in their priceless liberty.

Nothing could so far advance the cause of freedom as for state

officials throughout the land to assert their rightful claims to lost

state power; and for the federal government to withdraw promptly and

totally from every jurisdiction which the Constitution reserved to the

states.

The conscience of a Conservative · 第 23 / 41 题