ISSUE BRIEF: Restoring Power to the States
We need to empower state and local governments while reducing our dependency on D.C.
The Issue:
Under the 10th Amendment of the U.S. Constitution, "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."
State and local governments are better suited to deal with local issues than a distant, out-of-touch federal government. Recently, however, this tradition of constitutionally -established local control has been seriously eroded due to usurpation of power by the federal government. Over the years, the federal government has whittled away at these States' rights through legislation and regulations.
One arena that is a battle ground for States' rights is in the environmental arena. Congress has passed legislation that limits States' abilities to make decisions on water quality, water rights allocations, air quality and land use to name a few. For example, under the Clean Air Act, States are delegated the authority to implement the provisions of the Act, but federal land managers have developed regulations that give them veto power over any new project that may impact Federal Class I wilderness areas. On the water front, Congress has claimed federal reserved water rights for land designations, which hampers the ability of States to adjudicate water rights. There are countless other examples of the federal government overstepping its constitutional limits and encroaching on state power.
Impacts on the West:
Some issues are inherently federal in nature, but those that are not should be left to the States to decide. When the federal government decides that a bureaucrat in Washington, D.C. should make decisions on local issues, often the result is contempt and frustration by people that are impacted. Because a federal agency has no accountability to local communities, the input of those who must live with the decision is often discounted or ignored altogether.
Status of the Issue:
Every year Congress considers bills and federal agencies propose new regulations that are a direct attack on states rights. Recently, Representative Scott Garrett (NJ) and other Members of the House of Representatives concerned about eroding states rights formed the “Constitutional Caucus.”
Solutions:
- Contact your Member of Congress and urge them to join and support the efforts of the Congressional “Constitutional Caucus” and similar organizations that strive to return power to the states.
- Encourage your representative to give serious consideration to state and local authorities when considering legislation during the 110th Congress.
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