Tuesday, November 1, 2011

The Function of Federalism

“These are the times that try men’s souls: the summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly:––‘tis dearness only that gives everything its value. Heaven knows how to set a proper price upon its goods; and it would be strange indeed, if so celestial an article as freedom should not be highly rated.” This quote was given by Thomas Paine during the most depressing part of the revolutionary war, giving spirit and inspiration to the beaten Americans.


The Constitution of the United States has provided a form of government in which this country has risen to become the most powerful, most prosperous country in the history of the world. Many feel that there is something amiss in our government of today, leading to the decline of this country, but are oblivious as to what the cause of the problem is and how it should be solved.


One major cause of this decline is the collapse of the boundaries of federalism. Federalism is the division of power on two planes: into levels including individual, family, municipal, state, and national governments; and into branches in each level: such as executive, legislative, and judicial.

Hamilton in Federalist no. 1 discusses that the establishment of government comes about in two ways: the first is that of “accident and force” the second, of the “reflection and choice…of the people of the country.” This is why the American system of government has yielded such great prosperity. Unlike other country’s governments, which were primarily created under circumstances of war, rebellion, and social unrest, it was created under the “reflection and choice,” the wisest men assembling to create a governing document which would secure life, liberty, and happiness for generations to come.


The Constitution expressly reveals the division of power in the federal government structure in the first clauses of Articles I, II, and III: stating, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” “The executive Power shall be vested in a President.” “The judicial Power of the United States shall be vested in one supreme Court.”


These clauses from the Constitution leave no question as to where the specific governing powers lie in the federal government. The clause about legislative power is the only one using the word “all” in describing the placement of power. Clearly, legislative power lies solely with the Congress. However, executive and judicial power are used in small proportion by the other branches of government for specific purposes: one of these is the Senate’s power in the judicial impeachment process of the President, and another is the requirement for Congress to approve specific executive actions such as declaring war and ratifying treaties.


Amendment X reveals the second principle of federalism, separating levels, rather than branches, of government: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”


The question we face in “these times” is whether this country will continue its course of greatness, or remain as it is, accelerating in its decline, reaching a point in which liberty is placed in subservience to those who have seized control of government because good men and women remain silent. Will we let this take place? NO!


This country does not need “summer soldiers,” who disperse when in difficulty. It needs men and women who understand and promote the principles of liberty. Maintaining the boundaries and principles of federalism is vital to the continuance of this nation as a land of liberty. Crises and social issues must be solved on the smallest level possible to maintain the balance of federalism. It is as each of us submit ourselves to Providence, as we learn to see both seen and unseen consequences, as we sacrifice our own desires to gain and realize our vision of a future of liberty and peace for ourselves and generations to come that this country will change its course. Its citizens will again enjoy freedom, prosperity and joy. The power to change the world does not spring from government or other institutions. It lies deep within each of us and will emerge when we learn to govern ourselves well, and influence others, through the transformational power of love, to do the same.

No comments:

Post a Comment